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HomeMy WebLinkAbout2021-03-15 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Teleconferenced Englewood, CO 80110 AGENDA Teleconferenced City Council Regular Meeting Monday, March 15, 2021 ♦ 5:30 PM This meeting is scheduled to start at 5:30 p.m. This City Council Special / Regular meeting will be held by teleconference. To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=GAWo3_tme_Q 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of March 1, 2021. City Council Regular - 01 Mar 2021 - Minutes - Pdf b. Minutes of the Special City Council Meeting of March 8, 2021 City Council Special Meeting - 08 Mar 2021 - Minutes - Pdf 5. Appointments, Communications, Proclamations, and Recognition a. The newly appointed City Council Member Steven Ward will be sworn in by the Honorable Judge Joe Jefferson. b. Roll Call with new member 6. Study Session Topic a. Director of Finance Jackie Loh will be present to discuss with Council an overview of city funds and the budget process for 2022. Presentation: 15 minutes Discussion: 15 minutes Information Budget - Pdf b. City Manager Shawn Lewis will be present to discuss with Council options for capital and one-time supplemental budget expenditures based on new and existing revenue from 2020 CARES Act Reimbursements, 2020 carryover funds, LTAR, and the Unassigned Fund Balance. Presentation: 10 minutes Discussion: 10 minutes Information Page 1 of 471 Englewood Teleconferenced City Council Regular Agenda March 15, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Budget Supplemental c. City Council will discuss the Downtown Development Authority Appointments. Discussion: 45 minutes Direction DDA - Pdf 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Steven Kelly, an Englewood resident, will address Council regarding a vision for Englewood. b. Pamela Beets, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak for public comment at the upcoming City Council meeting on Monday, March 15th, please visit https://englewoodco.zoom.us/webinar/register/WN_k78ZJM72SHWyyIBc-Py9RQ and register! You will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, March 16th. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 07 - First Reading of an Amendment to Title 7, Chapter 1A - Care Of Animals CB 07 - Pdf Staff recommends City Council approve, by Ordinance, making amendments to Page 2 of 471 Englewood Teleconferenced City Council Regular Agenda March 15, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Title 7, Chapter 1A. Staff: Interim City Attorney Alex Dorotik c. Resolutions and Motions i. At the Council Retreat on January 22, Council Members provided suggested modifications to the strategic plan which they originally adopted in the summer of 2020. Staff requests that Council approve a motion to accept these changes. Strategic - Pdf Staff recommends City Council approve, by Motion, modifications to the City of Englewood Strategic Plan. Staff: Assistant to the City Manager Tim Dodd 10. Public Hearing Items Due to COVID-19, the public hearing will be held virtually. Please use this link to sign up to speak at the Public Hearing: https://englewoodco.zoom.us/webinar/register/WN_k78ZJM72SHWyyIBc-Py9RQ If you have any questions or concerns regarding speaking in favor or against the variance, please call 303.762.2430 or email cityclerk@englewoodco.gov for directions on how to provide testimony virtually OR in person if internet access is unavailable. Please limit your presentation to 3 minutes. a. Public Hearing on Alpine Englewood Opportunity Business LLC's request for the vacation of approximately 1,600 square feet of alley right-of-way located between S. Marion St. and S. Lafayette St. just north of E. Hampden Ave. Staff: Senior Planner Brook Bell Presentation: 15 minutes Alpine - Pdf 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 09 - First reading of an ordinance to allow issuance of Stormwater Enterprise Revenue Bonds CB 09 - Pdf Staff recommends City Council approve a Bill for an Ordinance to allow the issuance of Stormwater Enterprise Revenue Bonds. Staff: Director of Public Works Maria D'Andrea and Director of Finance Jackie Loh b. Approval of Ordinances on Second Reading i. CB 08 - WH PUD Site Development Plan for Winslow Crane, 3001 S. Galapago Street CB 08 - Pdf Staff recommends City Council approve, by Ordinance, the WH PUD Site Development Plan. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson Page 3 of 471 Englewood Teleconferenced City Council Regular Agenda March 15, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. ii. CB 05 - Vacation of a portion of South Huron St - WH PUD Site Development Plan CB 05 - Pdf Staff recommends City Council approve, by Ordinance, WH Investments' request for a vacation of public right-of-way. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson iii. CB 06 - Vacation of a portion of West Cornell Ave right-of-way and a portion of the associated alley - WH PUD Site Development Plan CB 06 - Pdf Staff recommends that City Council approve, by Ordinance, WH Investments' request for a vacation of public right-of-way. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson c. Resolutions and Motions i. Recommendation to approve a resolution authorizing a contract with Enterprise Leasing to replace six city vehicles due or past due for replacement. Enterprise - Pdf Staff recommends City Council approve, by Motion, a lease agreement with Enterprise Fleet Management to lease six vehicles. Staff: Deputy Director of Operations and Maintenance Janet Lundquist and Maintenance & Operations Manager Steve Ortega ii. Official appointment of Board members to the EEF & EMRF Boards Appointment of EEF & EMRF Board Members - Pdf Staff recommends that the City Council approve, by motion, official appointment of Board members to the EEF & EMRF Boards as listed in the memo. Staff: Director of Utilities and South Platte Renew Pieter Van Ry and Director of Public Works Maria D'Andrea 12. Covid-19 Update 13. General Discussion a. Mayor's Choice i. Executive Session Executive Session - Pdf b. Council Members' Choice 14. City Manager’s Report 15. City Attorney’s Report 16. Adjournment Page 4 of 471 Englewood Teleconferenced City Council Regular Agenda March 15, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Page 5 of 471 MINUTES Teleconferenced City Council Regular Meeting Monday, March 1, 2021 Teleconferenced 6:00 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:02 p.m. and held by teleconference. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson 3 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink Council Member John Stone COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis Interim City Attorney Dorotik City Clerk Carlile Deputy City Clerk Truscott Reed Assistant to the City Manager Dodd Director of Communications Harguth Director of Public Works D'Andrea Director of Finance Loh Director of Community Development Power Finance Manager Engels Facilities Project Manager Donakowski, Public Works Planning Manager Burkholder, Community Development Capital Project Manager Hoos, Public Works Planner II Sampson, Community Development Engineer IV Krori, Public Works Engineer II Trojan, Public Works Page 1 of 8 Draft Page 6 of 471 Teleconferenced City Council Regular March 1, 2021 Network Administrator Hunnicutt, Information Technology 4 Study Session Topic a) Director of Communications Chris Harguth and representatives from the Architerra Group discussed with City Council the adoption of "Wooded Nook" as the design concept for the master plan. b) Director of Public Works Maria D'Andrea and Director of Finance Jackie Loh were present with representatives from the City's municipal advisor, Stifel, Nicolaus & Company, Inc., as well as the City's bond counsel, Kutak Rock, LLP, to discuss an overview of the process and schedule for issuing Stormwater Enterprise Revenue Bonds. The meeting recessed at 6:55 p.m. for a break. The meeting reconvened at 7:05 p.m. with all Council Members present. Moved by Council Member Cheryl Wink Seconded by Council Member Linda Olson Motion to modify the agenda to move up Council Members Choice to allow Council Member Stone to make an announcement. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra x John Stone x Cheryl Wink (Moved By) x Linda Olson (Seconded By) x 7 0 0 Motion CARRIED. Council Member Stone announced he will be resigning, effective immediately, as a Council Member at Large for the City of Englewood. City Council agreed with his decision to not participate in the remainder of the business meeting. The meeting recessed at 7:13 p.m. for a break. The meeting reconvened at 7:20 p.m. with the remaining six Council Members present. 5 Appointments, Communications, Proclamations, and Recognition a) Covid -19 Memorial Day Proclamation Page 2 of 8 Draft Page 7 of 471 Teleconferenced City Council Regular March 1, 2021 Moved by Council Member Joe Anderson Seconded by Council Member Rita Russell Motion to amend the proclamation to remove the last two "be it proclaimed" sections as well as the second to last "whereas" statement. For Against Abstained Joe Anderson (Moved By) x Dave Cuesta x Rita Russell (Seconded By) x Othoniel Sierra x Cheryl Wink x Linda Olson x 2 4 0 Motion DEFEATED. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion to approve of the Covid-19 Memorial Day Proclamation. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Seconded By) x Cheryl Wink (Moved By) x Linda Olson x 4 2 0 Motion CARRIED. 6 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of February 16, 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF FEBRUARY 16, 2021 AS AMENDED. For Against Abstained Joe Anderson x Dave Cuesta x Page 3 of 8 Draft Page 8 of 471 Teleconferenced City Council Regular March 1, 2021 Rita Russell x Othoniel Sierra (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x 6 0 0 Motion CARRIED. 7 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, submitted written public comment to address Council. b) Marcy Brown, an Englewood resident, addressed Council regarding freedom of speech. 8 Recognition of Unscheduled Public Comment a) Brenda Hubka, an Englewood resident, addressed Council to thank first responders and front line workers. b) Pamela Beets, an Englewood resident, addressed Council regarding Title 16 and steering committee. c) JJ Margiotta, an Englewood resident, addressed Council regarding John Stone. d) Steven Kelly, an Englewood resident, addressed Council regarding off-leash dog parks. e) Janice Brown, an Englewood resident, submitted written public comment to address Council. Council Member Cuesta responded to Public Comment. 9 Consent Agenda Items Council Member Rita Russell removed Agenda Items 9(a)(i) from Consent Agenda. Moved by Council Member Sierra, seconded by Council Member Wink to approve Consent Agenda Items 9(b)(i) and 9(c)(i-ii). a) Approval of Ordinances on First Reading i) CB 07 - First Reading of an Amendment to Title 7, Chapter 1A - Care Of Animals Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Page 4 of 8 Draft Page 9 of 471 Teleconferenced City Council Regular March 1, 2021 [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] COUNCIL BILL NO. 07, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 3; 5; 9; 16 REGARDING THE IMPOUNDMENT OF ANIMALS AND THE CLASSIFICATION OF DANGEROUS ANIMALS. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Cheryl Wink x Linda Olson x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB 04 - Amendment to Title 2 Boards and Commissions ORDINANCE NO. 7, SERIES OF 2021 (COUNCIL BILL NO. 04, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE AMENDING TITLE 2, BY ESTABLISHING CHAPTER 13A, REGARDING ESTABLISHMENT OF GENERAL POLICIES APPLICABLE TO ALL BOARDS AND COMMISSIONS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. c) Resolutions and Motions i) Approval of Change Order with Keesen Landscape Services for EEF Snow & Ice Control Services Approval of change order No.1 to supplement the current snow & ice removal contract with Keesen Landscape Services in the amount of $______. ii) Modernization of the RTD elevator at the Englewood Station in the amount of $133,236.00. RESOLUTION NO. 8, SERIES OF 2021 Page 5 of 8 Draft Page 10 of 471 Teleconferenced City Council Regular March 1, 2021 A RESOLUTION AWARDING AN OPTIMAL SOURCE CONTRACT TO THYSSENKRUPP ELEVATOR CORPORATION FOR THE MODERNIZATION OF THE RTD ELEVATOR AT THE ENGLEWOOD STATION Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Approval of Consent Agenda Items 9(b)(i) and 9(c)(i-ii). For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x 6 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 08 - First Reading on WH PUD Site Development Plan for Winslow Crane, 3001 S. Galapago Street Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 08, INTRODUCED BY COUNCIL MEMBER WINK. A BILL FOR AN ORDINANCE APPROVING THE SITE PLAN OF THE W H PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 3001 SOUTH GALAPAGO STREET IN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Seconded By) x Page 6 of 8 Draft Page 11 of 471 Teleconferenced City Council Regular March 1, 2021 Cheryl Wink (Moved By) x Linda Olson x 4 2 0 Motion CARRIED. ii) CB 05 - Vacation of a portion of South Huron St - WH PUD Site Development Plan Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 05, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF SOUTH HURON STREET RIGHT-OF-WAY, ALL LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Seconded By) x Cheryl Wink (Moved By) x Linda Olson x 4 2 0 Motion CARRIED. iii) CB 06 - Vacation of a portion of West Cornell Ave right-of-way and a portion of the associated alley - WH PUD Site Development Plan Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 06, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF WEST CORNELL STREET RIGHT-OF-WAY AND A PORTION OF THE ASSOCIATED ALLEY, ALL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. For Against Abstained Page 7 of 8 Draft Page 12 of 471 Teleconferenced City Council Regular March 1, 2021 Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Seconded By) x Cheryl Wink (Moved By) x Linda Olson x 4 2 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading [See Agenda Item 9 (b) (i).] c) Resolutions and Motions There were no additional Resolutions or Motions [See Agenda Item 9 (c)(i).] 12 Covid-19 Update 13 General Discussion a) Mayor's Choice b) Council Members' Choice 14 City Manager’s Report 15 City Attorney’s Report 16 Adjournment Roll call was taken to adjourn the meeting - Six Ayes. The meeting adjourned at 8:56 p.m. City Clerk Page 8 of 8 Draft Page 13 of 471 MINUTES Teleconference City Council Special Meeting Monday, March 8, 2021 Teleconference 5:30 PM 1 Call to Order The Special Meeting of the Englewood City Council was called to order by Mayor Olson at 5:31 p.m. 2 Application Review 5:30 - 5:40 p.m. City Council reviewed the questions for the Downtown Development Authority applicants. 3 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Interim City Attorney Dorotik City Clerk Carlile Deputy City Clerk McKinnon Director of Community Development Power Redevelopment Manager Poremba Network Administrator Hunnicutt 4 Downtown Development Interviews 5:40 - 9:00 p.m. City Council interviewed thirteen applicants for the Downtown Development Authority. Page 1 of 2 Draft Page 14 of 471 Teleconference City Council Study Session March 8, 2021 The meeting recessed at 7:29 p.m. for a break. The meeting reconvened at 7:34 p.m. with all Council Members present. Interviews for the Downtown Development Authority recconvened. The meeting recessed at 9:16 p.m. for a break. The meeting reconvened at 9:21 p.m. with all Council Members present. 5 Council Interview Discussion City Council discussed the process for the selection of Downtown Development Authority Members. 6 Discussion to Appoint a New City Council Member a) Discussion of At-Large Vacancy on City Council Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion to appoint Steven Ward as the seventh Council Member effective March 8, 2021. Steven Ward will be officially sworn in on Monday, March 15, 2021, at the Regular Council Meeting. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x 5 1 0 Motion CARRIED. 7 Adjournment Roll call was taken to adjourn the meeting - Six Ayes. The meeting adjourned at 9:55 p.m. Page 2 of 2 Draft Page 15 of 471 STUDY SESSION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: March 15, 2021 SUBJECT: Funds Overview and 2022 Budget Cycle Preview DESCRIPTION: Funds Overview and 2022 Budget Cycle Preview RECOMMENDATION: Finance Director Jackie Loh is present to provide an overview of city funds and the budget process. The following topics will be discussed: • City Funds Overview • 2022 Budget Calendar & Proposed Process PREVIOUS COUNCIL ACTION: This Study Session discussion provides an overview of funds and an introduction to the 2022 Budget cycle. SUMMARY: Staff is kicking off the 2022 budget season with a 2021 Budget overview and the review of the 2022 City Council Budget Calendar. CONCLUSION: The purpose of the presentation is to provide an understanding of city's budget, an overview of the 2021 budget and review of the 2022 budget calendar. In addition, this presentation is to provide information regarding where the City of Englewood's money comes from, how the money is spent, and to allow the City Council, citizens and other staff to better comprehend the City's financial plan or budget. ATTACHMENTS: 2022 Budget Overview Presentation 2022 Budget Calendar with Charter and Englewood Municipal Code Citations Page 16 of 471 2022 Budget Overview Presented By Jackie Loh Page 17 of 471 Objectives Informational: •Budget –Funds Overview (2021 Budget) 1. General Fund 2. Special Revenue Funds 3. Debt Service Funds 4. Capital Project Funds 5. Enterprise Funds 6. Internal Service Funds Setting the Course (2022 Budget): •Budget Process, and Calendars •City Council Decision Dates and Policy Discussions Page 18 of 471 Funds Overview Page 19 of 471 All Funds –2021 Budget (Sources in millions) 2021 Budget All Fund Sources By Fund Type Prior Year Ending Fund Balances for All Funds $2.9 1. General Fund $52.7 2. Special Revenue Funds $1.6 3. Debt Service Funds $2.9 4. Capital Projects Funds $6.9 5. Enterprise Funds $67.4 6. Internal Service Funds $11.7 Page 20 of 471 All Funds –2021 Budget (Uses in millions) 2021 Budget All Funds Uses By Fund Type 1. General Fund $57.5 2. Special Revenue Funds $2.1 3. Debt Service Funds $3.3 4. Capital Projects Funds $9.1 5. Enterprise Funds $62.0 6. Internal Service Funds $12.0 Page 21 of 471 All Funds –2021 Fund Balance (budget in millions) Governmental Fund Types Proprietary Fund Types General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Estimated Beg Balance* (2020 Unaudited)+24.4$ 5.7$ 0.7$ 15.7$ 32.2$ 8.6$ Revenue Sources +52.7$ 1.6$ 2.9$ 6.9$ 67.4$ 11.7$ Expenditure Uses -57.5$ 2.1$ 3.3$ 9.1$ 62.0$ 12.0$ Estimated End Balance*=19.6$ 5.2$ 0.3$ 13.5$ 37.6$ 8.3$ * Governmental Fund Types: Fund Balance = Total Assets –Total Liabilities Proprietary Fund Types: Funds Available = Current Assets –Current Liabilities + Current Debt Service Principal Amount Page 22 of 471 1. General Fund 2021 Budget Sources and Uses General Fund •Englewood’s primary operating fund •Accounts for all financial resources of the general government, except those required to be accounted for in another fund Page 23 of 471 General Fund (2021 Budget in millions) Major SOURCES (+)$%Major USES (-)$% Sales & Use Taxes $32.5 62 DIRECT SERVICES Police, Fire & Emergency Management ($22.4 / 38) Parks, Recreation, Library & Golf ($8.4 / 15) Public Works ($7.6 / 13) Community Development ($3.0 / 5) $41.4 71 Property Tax $4.6 9 Franchise Tax $3.6 8 Charges for Services $3.0 6 Cultural & Recreation Program Fees $2.3 4 Information Technology $4.0 7 EMRF Net Rental Proceeds $1.7 3 Finance $1.8 3 Intergovernmental Income $1.1 2 Debt Service (COPs* expire in 2023-$1.4M)$1.6 3 Licenses & Permits $1.2 2 Municipal Court $1.2 2 Other Income $ .7 1 Human Resources $1.1 2 Interest Income $ .5 1 Administration $1.0 2 Fines & Forfeitures $ .7 1 City Attorney’s Office $1.0 2 Specific Ownership, Cigarette & Lodger’s Taxes $ .6 1 Communications $ .7 1 Legislation $ .4 1 Other Financing Sources $ .1 0 Contingency $ .3 1 Other Financing Uses $3.0 5 TOTAL SOURCES OF FUNDS $52.6 100 TOTAL USES OF FUNDS $57.5 100Page 24 of 471 2. Special Revenue Funds Special Revenue Funds •Legally restricted funds for specified purposes only 2021 Budget Sources and Uses Page 25 of 471 Special Revenue Funds Special Revenue Funds Major SOURCES (+)Major USES (-) Conservation Trust Fund Colorado State Lottery Parks & Recreation Projects Donors Fund Donations/Contributions Parks, Recreation & Library, Police Services and Finance Designated Uses Parks & Recreation Trust Fund Contributions Parks & Recreation Projects Malley Senior Recreation Center Trust Fund Contributions Malley Senior Center Projects Open Space Fund Arapahoe County Open Space Tax Open Space Maintenance Page 26 of 471 3. Debt Service Funds Debt Service Funds •City is obligated in some manner for payment of principal and interest on general obligation bond 2021 Budget Sources and Uses Page 27 of 471 Debt Service Funds Recreation Related GO Bonds Fund –Debt Issued 2001 and Expires in 2023 Police Headquarter GO Bonds Fund –Debt Issued 2017 and Expires in 2036 Debt Service Funds Major SOURCES (+)Major USES (-) Recreation General Obligation (GO) Bonds Property Tax Debt Service for GO Bonds financing Recreation and Pirates Cove Construction Projects Police Headquarters General Obligation (GO) Bonds Property Tax Debt Service for GO Bonds financing the Police Headquarters Building Construction and Safety related equipment Page 28 of 471 4. Capital Projects Funds Capital Projects Funds •Funds for construction of major capital facilities other than those financed by the proprietary funds 2021 Budget Sources and Uses Page 29 of 471 Capital Projects Funds Capital Projects Funds Major SOURCES (+)Major USES (-) Public Improvement Fund Vehicle Use Tax Building Use Tax Arapahoe County Road and Bridge Tax Capital outlay for public use infrastructure Capital Projects Fund Transfers In from the General Fund or Public Improvement Fund Capital outlay for government functions Police Headquarter Construction Fund 2017 GO Bond Proceeds Construction of Police headquarter building and safety equipment Page 30 of 471 5. Enterprise Funds Enterprise Funds •Funds operate in a manner similar to private business •Costs recovered primarily through user fees/charges and used for a specific purpose such as for the Broken Tee Golf Course Colorado Constitution defines an enterprise as a “government-owned business authorized to issue its own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado state and local governments combined” 2021 Budget Sources and Uses Page 31 of 471 Enterprise Funds Enterprise Funds Major SOURCES (+)Major USES (-) Water Fund Water Utility Fees and Usage Rates Water Treatment Process and Distribution System Maintenance Sewer Fund Sewer Utility Fees and Usage Rates Sanitary Sewer Treatment Process and Collection System Maintenance Storm Water Drainage Fund Storm Water Utility Fees and Rates Storm Water Drainage System Maintenance Golf Course Fund Broken Tee Golf Course 18-Holes, 9- Holes and Par 3-Holes Rounds and Cart Rental Fees Broken Tee Golf Course Operations and Maintenance Concrete Utility Fund Concrete Utility Fee Concrete Sidewalks, Curbs and Gutters Maintenance Housing Rehabilitation Fund Community Development Block Grants Qualified Home Energy, Efficiency Englewood (E3) Grants Page 32 of 471 6. Internal Service Funds Internal Service Funds •Financing of goods or services on a cost- reimbursement basis provided by one department to other departments of the City 2021 Budget Sources and Uses Page 33 of 471 Internal Service Funds Internal Service Funds Major SOURCES (+)Major USES (-) Servicenter Fund Department Chargeback Fees Fleet Service Garage Operation and Maintenance Capital Equipment Replacement Fund Department Chargeback Fees Replace Vehicles and Equipment as scheduled or where keeping asset is cost prohibitive Risk Management Fund Department Chargeback Fees Property & Casualty and Workers Compensation Insurance Premiums and Claims Payments Employee Benefits Fund Department Chargeback Fees Health,Dental, Vision, Life, etc. Insurance Premiums and Claims Payments Page 34 of 471 2022 Budget Process, & Calendar Page 35 of 471 Strategic Plan Link to Desired Outcomes/Results Results Strategic Plan Annual Council Goals Department Line Item Budget & Performance Metrics Neighborhoods Infrastructure Local Economy SustainabilitySafety Transportation Governance Page 36 of 471 Boards & Commissions Budget Planning Process Input Planning and Zoning Commission •Charter. Article VIII, Part 2, §58 …”The Commission shall submit annually to the City Manager, not less than ninety days prior to the submission of the budget, a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Commission are necessary or desirable to be constructed during the forthcoming five-year period.”… Budget Advisory Committee •Englewood Municipal Code. Title 2, Chapter 14, §2-14-5(F) “Once the budgets have been reviewed and have incorporated requests for new programs and/or personnel authorized by the City Manager, the Budget Advisory Committee shall submit a written report of its findings and recommendations (BAC Report) at least annually.” Water and Sewer Board •Charter. Article VIII, Part 4, §62 …”The Board, in cooperation with the City Manager, shall submit annually to Council a capital expenditure budget; such budget may provide for a contingency fund never to exceed two percent (2%) of the gross receipts of the domestic water and sanitary sewer systems for the previous year.”…Page 37 of 471 2022 City Council Budget Calendar Q1 Jan-Mar •City Council 2022 Vision/Goal Setting Workshop-Jan 23, 2021 •Budget Basics, Funds Overview and 2022 Budget Cycle Preview-Mar 15, 2021 Q2 Apr -Jun •Preliminary 2022 Revenue and Expenditure Underlying Forecast Assumptions-Apr 5, 2021 •Review Preliminary 2022 Capital Projects List-Apr 19, 2021 •2022-2026 Capital Improvement Plan (CIP) to Planning & Zoning (P&Z) Commission-Apr 20, 2021 •Review Preliminary 2022 Operating & Staff Prioritized Capital Requests-May 24, 2021 •2022-2026 Capital Improvement Plan (CIP) P&Z’s recommended project list to City Manager-Jun 9, 2021 Q3 Jul-Sep •Budget Advisory Committee Annual Report Review-Jul 27, 2021 •Draft Proposed 2022 Operating & Capital Budget & Follow-up Discussion as needed-Aug 9 and 23, 2021 •Submit Proposed 2022 Budget-Sep 7, 2021 •Proposed 2022 Budget Public Hearing-Sep 20, 2021 •Budget Workshop to finalize 2022 Budget (Placeholder)-Sep 27, 2021 Q4 Oct-Dec •2022 Budget Ordinances First Reading-Oct 4, 2021 •2022 Budget Ordinances Second Reading-Oct 18, 2021 Page 38 of 471 Next Steps… Mar APR May Date Process Step April 5, 2021 Preliminary 2022 Budget Presentation –Review Revenue and Expenditure Forecasts and Underlying Assumptions April 19, 2021 Review Preliminary 2022-2026 (5-Year) Capital Improvement Plan Project Requests May 24, 2021 Review Proposed Operations Requests for the following: New or Changes to Programs/Services New or Changes to Fees/Rates Personnel Considerations Page 39 of 471 Future Policy Discussions with City Council Include : •Program and service offerings –for example single trash hauler provider •Personnel considerations •Rates, fee adjustments •Possible new dedicated mill levy for specific services, for example: Police and Fire services, Parks, Recreation and/or Library services, etc. Operational Service Levels •Capital Improvement Plan projects •Parks and Recreation infrastructure •Storm Water Drainage infrastructure •Water Treatment Plant and distribution lines infrastructure •Sewer treatment and collection lines infrastructure Major Capital Requests •Financing via GO Bonds (general government functions), Revenue Bonds (enterprise funds), dedicated Mill Levy, and/or other •Prioritizing and funding projects based on various impact/need levels (High, Moderate, Low or Minor) Capital Financing Page 40 of 471 Questions and/or Comments?Page 41 of 471 Appendix Page 42 of 471 Budget Basics: Purpose of Budget The budget is… •an important financial planning tool and it shapes the financial health and direction of the government •a visioning document that allocates funding to Council priorities and strategic plan goals In government, the expenditure budget or “appropriation,” is the legal authority for management to provide a given level of services. (It’s actually illegal to spend more than the budget appropriation) To increase the original budget appropriation, the governing body is required to authorize such increase before additional spending is permitted; except in the case of an emergency where the authorization can occur after the fact Page 43 of 471 Budget Basics: What is a fund? Private sector may set up separate companies for legal liability or tax purposes Public sector set up separate funds to account for certain activities in order to show accountability A specific revenue source may be legally restricted, if so, it is reported in a separate fund to demonstrate that the revenue is spent only for the intended purpose (Conservation Trust Fund-use of shared State Lottery Funds)Page 44 of 471 2022 Budget Goals Throughout the budget process, continue to: •Provide relevant and current information to City Council •Work toward greater transparency •Review regularly budget priorities with Council •Foster discussion regarding community desired results •Make information easily accessible to the public •Engage the public Page 45 of 471 Parks and Recreation Master Plan ProjectsEstimate Alternative Financing Option (1) Debt Financing –Consider issuing NEW General Obligation (GO) Bonds for identified projects Scenario New GO Bond Issue Est. Interest Rate Est. Period Principal (in millions) Interest (in millions) Principal and Interest Total (in millions) Estimated Annual Debt Service Payment Mill Levy Based on 2020 Assessed Value Annual Tax on Residential Property Worth $400,000 Annual Tax on Non-Residential Property Worth $400,000 $20M 3%20 $20.0 $6.9 $26.9 1,344,314$ 1.699 $49 $197 $20M 4%20 $20.0 $9.4 $29.4 1,471,635$ 1.859 $53 $216 $30M 3%20 $30.0 $10.3 $40.3 2,016,471$ 2.548 $73 $296 $30M 4%20 $30.0 $14.1 $44.1 2,207,453$ 2.789 $80 $324 1 2 Page 46 of 471 General Government Capital ProjectsEstimate Alternative Financing Option (2) Public Improvement Levy –Consider assessing two mills dedicated to fund general government capital projects Charter. Article X. Part 1. Section 96: Public Improvement Levy. The Council may levy annually a tax of not more than two mills to be assessed upon the valuation within the City at the same time as the regular annual taxes for City expenses for the benefit of a fund to be known as the "Public Improvement Fund". Based on the 2020 Arapahoe County Taxable Assessed Valuation, the 2 Mills Public Improvement Levy would annually generate approximately $1,585,000 Arapahoe County Taxable Assessed Valuation X 2.0 Mills / $1,000 = Estimated Property Tax Revenue $792,351,349 X 2.0 / $1,000 = $1,584,703 Estimated Taxpayer Annual Property Tax Impact of 2 Mills Levy Property Tax Calculation = Actual Value x Assessment Rate x Mill Levy / $1,000 Residential Real Property: $400,000 X .0715 X 2.0 / $1,000 = $57.02 Nonresidential Real Property: $400,000 X .2900 X 2.0 / $1,000 = $232.00 Page 47 of 471 Surrounding Parks and Recreation District Mill Levy Rates District District County O&M Mill Levy Debt Mill Levy Total Mill Levy City of Englewood- (5.88 Mill Levy All General Fund Services; 1.417 Mill Levy Recreation GO Bonds)Arapahoe 5.880 3.696 9.576 Arapahoe Park & Recreation District Arapahoe 4.000 2.140 6.140 Foothills Park & Recreation District Arapahoe 20.592 4.694 25.286 South Suburban Park & Recreation District Arapahoe 7.417 0.912 8.329 Apex Park & Recreation District Jefferson 3.597 1.004 4.601 Hyland Hills Metropolitan Park & Recreation District Adams 5.092 - 5.092 Source: Colorado Department of Local Affairs (DOLA) https://dola.colorado.gov/lgis/taxEntityAlpha.jsf City of Englewood 2021 Park and Recreation District Mill Levy Comparison Page 48 of 471 1 2022 BUDGET CALENDAR STEP DATE CITATION DESCRIPTION 0 Jan 25th City Council Community Vision Workshop 1 Jan - Apr Review and calculate revenue projections for GF. 2 Feb 24th Staff will present to council a 2022 Budget Preview of the City’s Funds and their Sources and Uses of Funds 3 Apr 5th Department reports to council re: Preliminary Revenue and Expenditure goals Forecast and Underlying Assumptions 4 Apr 26th Identifying Capital Projects in Conjunction with Alternative Financing Consideration 5a May 3th Budget Workbooks distributed to departments 5b May 10th City Council and Staff Strategy Meeting to Discuss Departments’ 2022 Priorities/Initiatives, Operational Requests, Capital Requests and Rate and Fee Changes 6a Jun 9th Charter. Art. VIII, Part 2, § 58 Planning and Zoning submit to city manager a list of their recommended capital improvements 6b Jul 2nd Charter. Art. X, Part 1, § 85 Departments submit Budget Workbooks to Budget Office 8a Aug 2nd Overview of Fiscal Year 2022 Budget 8b Aug 9th Charter. Art. X, Part 1, § 95 Capital Budget Presentations to Council 8c Aug 9th Charter. Art. X, Part 1, § 84 Manager provide Council an overview of proposed 2022 Budget, including policy assumptions, revenue projections, and key 8d Aug 2nd EMC. Title 2, Chapter 14, 2- 14-5(F) BAC Annual Report 9a Sep 7th Charter. Art. X, Part 1, § 82 Budget Books for both the annual budget and the capital budget shall be presented to council in both on line and printed formats 9b Sep 9th Charter. Art. X, Part 1, § 87 Charter. Art. V, § 40 Publication deadline 9c Sep 20th Charter. Art. X, Part 1, § 87 Proposed 2022 Budget Hearing 9d Sep 27th Charter. Art. X, Part 1, § 88 Budgetary changes Page 49 of 471 2 2022 BUDGET CALENDAR STEP DATE CITATION DESCRIPTION 10a Oct 4th Charter. Art. X, Part 1, § 89 Mill Levy Ordinance First Reading 10b Oct 4th Charter. Art. X, Part 1, § 90 Budget Ordinance First Reading 10c Oct 4th Charter. Art. X, Part 1, § 90 Appropriation Ordinance First Reading 10d Oct 18th Charter. Art. X, Part 1, § 89 Mill Levy Ordinance Second Reading 10e Oct 18th Charter. Art. V, § 40 Budget Ordinance Second Reading 10f Oct 18th Charter. Art. V, § 40 Appropriation Ordinance Second Reading 12a Dec 1st Charter. Art. X, Part 1, § 90 Final day upon which the council may finally adopt a bill for the Budget and a bill for the Appropriation Ordinance. 12b Dec 15th Charter. Art. X, Part 1, § 89 Certification of Tax Levy to Arapahoe County STEP 6a. § 58: - Duties. The Commission shall submit annually to the City Manager, not less than ninety days prior to the submission of the budget, a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Commission are necessary or desirable to be constructed during the forthcoming five-year period. STEP 6b. § 85: - Departmental estimates. The head of each department, office or agency shall submit to the City Manager, at such date as the City Manager shall determine, estimates of revenue and expenditure for that department, office or agency. The City Manager shall review the estimates and in preparing the budget may revise them as he deems advisable. STEP 8b. § 95: - Capital budget. As a part of the budget message, or as a separate report thereto, the City Manager shall present a program of proposed capital projects for the ensuing fiscal year and for five fiscal years thereafter. Estimates of the cost of such projects shall be submitted by each department, officer or agency, annually in the same manner as estimates of other budgetary requirements are prepared by the City Manager. The City Manager shall recommend to the Council those projects to be undertaken during the ensuing fiscal year and the method of financing the same. STEP 8c. § 84: - The budget message. The budget message shall contain the recommendations of the City Manager concerning the fiscal policy of the City, a description of the important features of the budget plan, an explanation of all major increases or decreases in budget recommendations as compared with prior years, and a summary of the proposed budget showing comparisons similar to those required in the budget proper, itemized by principal sources of revenue and the main items of expenditure. STEP 8d. E.M.C. 2-14-5: - Powers and Duties. The Budget Advisory Committee shall have the following powers and duties: (F) Once the budgets have been reviewed and have incorporated requests for new programs and/or personnel authorized by the City Manager, the Budget Advisory Committee shall submit a written report of its findings and recommendations (BAC Report) at least annually. STEP 9a. § 82: - Submission of the budget. Not later than September fifteenth of each year, the City Manager shall submit to the Council: Page 50 of 471 3 (a)An annual or current expense budget, hereafter referred to as the "Budget" which shall be a complete financial plan for the ensuing fiscal year consisting of the budget proper and the budget message. (b) A Capital budget. STEP 9b. § 87: - Public hearing. Notice of time and place of said hearing shall be published within seven days after submission of the budget in the manner provided in this Charter for the publication of ordinances. § 40: - Procedure of passage. Upon introduction, the bill shall be published by reference or in full as Council may determine. . . Any publication by reference shall contain a summary of the subject matter of the ordinance and a notice that copies of the ordinance are available at the office of the City Clerk. STEP 9c. § 87: - Public hearing. A public hearing on the budget shall be held by Council within three weeks after its submission. Notice of time and place of said hearing shall be published within seven days after submission of the budget in the manner provided in this Charter for the publication of ordinances. STEP 9d. § 88: - Changes by Council. After conclusion of such public hearing, the Council may insert new items of expenditure or may increase, decrease, or strike out items of expenditure, except that no item of appropriation for debt service shall be reduced. If Council shall decrease the total proposed expenditures, such decrease shall be reflected in full in the tax levy. If Council shall increase the total proposed expenditures, such increase shall be reflected in the tax levy or by appropriate provision in other revenues. STEP 10a. § 89: - Certification of tax levy. Not later than October 16th, or such date as may be required by state law, Council shall meet and pass a tax levy ordinance in which shall be included such levy as in its judgment may be deemed proper and wise, in mills, upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City, and shall cause same to be certified as by law required. If Council fails in any year to make such tax levy as above provided, then the rate last fixed shall be the rate for the ensuing fiscal year, which rate shall be levied as by law provided. STEP 10b. § 90: - Adoption of the budget and the appropriation ordinances. Not less than thirty days prior to the first day of the next fiscal year, Council shall adopt a bill for the Budget and a bill for the Appropriation Ordinance. STEP 10c. § 90: - Adoption of the budget and the appropriation ordinances. Not less than thirty days prior to the first day of the next fiscal year, Council shall adopt a bill for the Budget and a bill for the Appropriation Ordinance. STEP 10d. § 89: - Certification of tax levy. Not later than October 16th, or such date as may be required by state law, Council shall meet and pass a tax levy ordinance in which shall be included such levy as in its judgment may be deemed proper and wise, in mills, upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City, and shall cause same to be certified as by law required. If Council fails in any year to make such tax levy as above provided, then the rate last fixed shall be the rate for the ensuing fiscal year, which rate shall be levied as by law provided. STEP 10e. § 40: - Procedure of passage. An ordinance may be introduced as a bill at any regular meeting by any member of the Council, or by petition of the people as provided by this Charter. Upon introduction, the bill shall be published by reference or in full as Council may determine. Council may set a day and hour at which Council, or a committee of Council, shall hold a public hearing thereon. A bill, before its final passage, shall be presented at one additional meeting of the Council, which meeting must be held no earlier than seven days after publication of the bill for an ordinance, except in case of emergency as herein provided. After final passage, every ordinance shall again be published by reference or in full as Council may determine. Any publication by reference shall contain a summary of the subject matter of the ordinance and a notice that copies of the ordinance are available at the office of the City Clerk. STEP 10f. § 40: - Procedure of passage. An ordinance may be introduced as a bill at any regular meeting by any member of the Council, Page 51 of 471 4 or by petition of the people as provided by this Charter. Upon introduction, the bill shall be published by reference or in full as Council may determine. Council may set a day and hour at which Council, or a committee of Council, shall hold a public hearing thereon. A bill, before its final passage, shall be presented at one additional meeting of the Council, which meeting must be held no earlier than seven days after publication of the bill for an ordinance, except in case of emergency as herein provided. After final passage, every ordinance shall again be published by reference or in full as Council may determine. Any publication by reference shall contain a summary of the subject matter of the ordinance and a notice that copies of the ordinance are available at the office of the City Clerk. STEP 12a. § 90: - Adoption of the budget and the appropriation ordinances. Not less than thirty days prior to the first day of the next fiscal year, Council shall adopt a bill for the Budget and a bill for the Appropriation Ordinance. STEP 12b. § 89: - Certification of tax levy. Not later than October 16th, or such date as may be required by state law, Council shall meet and pass a tax levy ordinance in which shall be included such levy as in its judgment may be deemed proper and wise, in mills, upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City, and shall cause same to be certified as by law required. If Council fails in any year to make such tax levy as above provided, then the rate last fixed shall be the rate for the ensuing fiscal year, which rate shall be levied as by law provided. Page 52 of 471 STUDY SESSION TO: Mayor and Council FROM: Shawn Lewis DEPARTMENT: City Manager's Office DATE: March 15, 2021 SUBJECT: Overview draft capital and one-time supplemental budget expenditure list DESCRIPTION: Council will review capital and one-time supplemental budget expenditures based on new and existing revenue from 2020 CARES Act Reimbursements, 2020 carryover funds, LTAR, and the Unassigned Fund Balance RECOMMENDATION: Staff will review possible expenditures from the revenue sources noted above and provide clarification about any items listed in the spreadsheet. As this presentation serves a "first look" at possible expenditures, staff does not anticipate Council feedback or responses to any of the items listed; rather, staff will explain the intended purposes of the expenditures so Council can provide staff with their preferences on each proposed expenditure at a subsequent Study Session. PREVIOUS COUNCIL ACTION: At the February 22, 2021 Study Session, City Council asked that the City Manager to bring possible capital and one-time expenditures that could be funded from the the large and growing Unassigned Fund Balance. This request came during City Manager's Comments after the Budget Advisory Committee had earlier in the meeting recommended Council determine uses for the Unassigned Fund Balance. ANALYSIS: Staff acknowledges and concurs with the recommendations of the Budget Advisory Committee (BAC) report dated February 22, 2021 which states the following regarding the City's Unassigned Fund Balance: "The BAC recognizes the purpose of an unassigned fund balance as twofold: 1) to increase the city’s attractiveness to lenders by demonstrating financial security; and 2) to maximize the city’s financial security by ensuring continuity of services and staffing during lean financial times. However, because over 70% of the city’s revenue is from tax dollars, a large cash surplus indicates money that could be in a citizen’s pocket directly benefiting that citizen is instead sitting in the city’s bank account. Secondly, a surplus sitting in the city’s bank account is largely made up of tax dollars rendered by citizens under the understanding that they would serve a public benefit, but if the money is sitting in the bank, it is not accomplishing any of the promised benefits. Page 53 of 471 Our observations over many budget cycles show that the largest area of the city’s budget to suffer when there is a large surplus of funds in the bank is capital improvements: upgrades, updates, and scheduled replacement of the city’s hard assets such as computers, buildings, and vehicles. The BAC has weighed in several times in the past about the need to better prioritize and fund capital projects in Englewood. We believe that a substantial portion of the current unassigned fund balance in excess of policy should be applied to capital projects, although this committee is restricted from making specific capital project recommendations by its enabling ordinance." The Unassigned Fund Balance now includes $750,000 in CARES funding (Coronavirus Aid, Relief, and Economic Security Act of 2020) that represents reimbursement of a portion of the City's policing costs during the COVID-19 national emergency in 2020. It will also soon include an additional $1,600,000 of surplus dollars from the City's 2020 budget that resulted from spending cuts made by departments and better-than-anticipated revenue in the second half of 2020. In addition to this $2.35 million ($1.6M + $750K) added to the Unassigned Fund Balance noted above, the fund currently exceeds the City's reserve policy (when TABOR Emergency Reserve is excluded from the calculation) by $6,172,740, or, 11.7% of revenues. In the attached spreadsheet, staff has proposed a number of capital and one-time expenditures, broken down by revenue source. The following data sources have been utilized to arrive at this list of draft expenditures: 1. Unfunded CIP projects and CIP projects funded in 2023 or later 2. The Englewood Strategic Plan 3. Recently adopted masterplans that have been accepted by Council or will be presented to Council within the next 90 days (Downtown Masterplan, Wayfinding & Placemaking Masterplan, Tri-Cities Homelessness Action Plan) Further, 6 of 7 Councilmembers have discussed some or all of the proposed expenditures with the City Manager in 1:1 meetings or provided written feedback regarding possible expenditures. The City's Leadership Team has discussed needed expenditures during team meetings on February 24 and March 10. The following meetings are anticipated prior to finalization of the draft list of expenditures: • March 22--City Council Study Session • April 6--Planning & Zoning Commission review (Capital expenditures only) as required by Charter • April 19--Final discussion and approval of expenditures as part of the Budget Supplemental #2 for 2021 FINANCIAL IMPLICATIONS: As drafted, the proposed expenditures would expend the following: • $750,000 CARES Act reimbursement for police services in 2020 • $1,600,000 of 2020 surplus funding anticipated once the 2020 audit is complete • $4,800,000 from the LTAR fund • $3,065,000 from the Unassigned Fund Balance Page 54 of 471 These dollar amounts are anticipated to change significantly as City Council and Planning & Zoning Commission review and discuss the expenditures. CONNECTION TO STRATEGIC PLAN: Most recommended expenditures are represented in either the Strategic Plan, approved masterplans or the CIP. ATTACHMENTS: PowerPoint Page 55 of 471 Budget Supplemental Draft COVID, Capital & One-Time Expenditures By Shawn Lewis, City Manager Page 56 of 471 1.CARES: $750,000 CARES Reimbursements to the General Fund for COVID emergency services in 2020 2.2020 Carryover: Approximately $1.6 million Carryover dollars from 2020 to 2021 that would otherwise go to the Unassigned Fund Balance 3.Long-Term Asset Reserve Fund (LTAR): $4.8 million 4.Unassigned Fund Balance: $18 million Council may authorize $2-$3 million Proposed Sources of Funding Page 57 of 471 2017 2018 2019 2020 2021 YTD Surplus/ (Deficit) 2021 YTD Balance TABOR - Restricted 1,580,000 1,740,000 1,730,000 1,800,000 - 1,800,000 LTAR - Committed 3,385,000 4,995,000 4,995,000 4,995,000 - 4,995,000 Unassigned Fund Balance 9,166,000 13,683,000 15,406,000 17,748,000 (1,878,000) 15,870,000 Total Fund Balance 14,131,000$ 20,418,000$ 22,131,000$ 24,543,000$ (1,878,000)$ 22,665,000$ Reserve = Unassigned + LTAR +12,551,000$ 18,678,000$ 20,401,000$ 22,743,000$ 20,865,000$ Loan to the Storm Water Fund -$ -$ 3,000,000$ 3,000,000$ 3,000,000$ Reserve Policy = 16.7% of total revenues ---7,806,000$ 8,422,000$ 8,599,000$ 8,925,000$ 8,758,000$ Reserve available above Policy 4,745,000$ 10,256,000$ 8,802,000$ 10,818,000$ 9,107,000$ % of Total Revenues 10 1% 20 3% 17 1% 20 2%17 3% $0.0 $2.5 $5.0 $7.5 $10.0 $12.5 $15.0 $17.5 $20.0 $22.5 $25.0 $27.5 2017 2018 2019 2020 2021 YTD Balance TABOR - Restricted LTAR - Committed Unassigned Fund Balance Reserve Policy = 16.7% of total revenues Page 58 of 471 •Unfunded Capital Improvement Program (CIP) list and CIP projects slated for 2023 or after •Identified COVID-19 recovery needs •Englewood Strategic Plan •Masterplans including those plans expected to become part of the Strategic Plan and CIP within 90 days: o Wayfinding & Placemaking Masterplan o Tri -Cities Homelessness Action Plan o Downtown Masterplan •One on One discussions with all seven Councilmembers Data Sources for Projects List Page 59 of 471 COVID Recovery Expenses •Business grants--$135,000 •Non-profit grants--$50,000 •Council Chambers hybrid meeting and AV upgrade--$300,000 •Council Chambers air filtration--$20,000 •Restaurant delivery services setup--$20,000 •Rec Center health measures--$68,590 •Recovery marketing and communications--$20,000 •Mental Health First Aid training for residents & youth--$50,000 •Homelessness Action Plan Implementation--$86,410 TOTAL: $750,000 CARES Act Projects Page 60 of 471 Streets & Alley Maintenance--$1,200,000 •Street maintenance & repair--$1,000,000 •Alley maintenance--$200,000 TOTAL: $1.6 million Carryover Projects Streetscaping & Placemaking--$270,000 •S. Broadway ROW beautification--$200,000 •Downtown overhead light design--$30,000 •S. Broad. streetscape const. docs--$40,000 Page 61 of 471 EEF Early Payoff--$2,800,000 •Would assist in redevelopment of City Center •Would reduce annual costs to General Fund over next two years of $1 million/year •Aligned with original purpose of LTAR •Penalty period for early payoff has expired Little Dry Creek Plaza Phase II--$2,000,000 TOTAL: $4.8 million Long Term Asset Reserve Fund (LTAR)Page 62 of 471 Safety--$400,000 Parking enforcement system-$150,000 CPTED analysis for city facilities--$50,000 Traffic calming projects--$200,000 Local Economy--$835,000 Historic preservation projects--$350,000 Entryway gateways--$185,000 N. Broadway/Hampden medians/ROW--$200,000 Old Hampden streetscaping and walkability--$100,000 Governance--$370,000 Capital Equipment Replacement Fund--$100,000 Loan to DDA for Operating Funds--$150,000 Fire Pension Plan--$50,000 Equity & Inclusion Strategic Plan--$50,000 Municipal Court/Lobby Furniture--$20,000 Transportation--$1,190,000 Safe Routes to School grant--$60,000 Sidewalk repairs--$75,000 Additional Bike Lanes--$75,000 Rail Segments 1&2--$810,000 Analysis of trail along City Ditch--$50,000 Walk & Wheel plan update-$20,000 New & enhanced crosswalks--$100,000 Infrastructure--$200,000 Customer Assistance Program--$50,000 Broadway & 285 bridge enhance--$150,000 Neighborhoods--$70,000 Neighborhood identification signage--$35,000 Special Events--$35,000 TOTAL: $3,065,000 Unassigned Fund Balance Projects Page 63 of 471 Questions Page 64 of 471 STUDY SESSION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: March 15, 2021 SUBJECT: Discussion of the Downtown Development Authority Appointments DESCRIPTION: Downtown Development Authority Discussion RECOMMENDATION: City Council will discuss the Downtown Development Authority Appointments. Appointments, by Resolution, will take place on April 5, 2021, at the Regular City Council Meeting. PREVIOUS COUNCIL ACTION: • City Council passed Ordinance No. 25 on July 6, 2020, concerning the creation and organization of the Englewood Downtown Development Authority and declaring the necessity of an election concerning the formation of such authority. • On March 8, 2021, City Council interviewed 13 applicants for the Englewood Downtown Development Authority Board. ATTACHMENTS: DDA Ordinance 25 DDA Description DDA Worksheet Page 65 of 471 Page 66 of 471 Page 67 of 471 Page 68 of 471 Page 69 of 471 Page 70 of 471 Page 71 of 471 Page 72 of 471 Page 73 of 471 Page 74 of 471 EASTMAN AVE FLOYD AVE KENYON AVE S ELATI STS BROADWAYS SANTA FE DRS DOWNING STHAMPDEN AVE US HWY 285 E N G L E W O O D S TAT I O N - C I T Y C E N T E R D I S T R I C T S B R O A D W AY M A I N S T R E E T D I S T R I C T M E D I C A L D I S T R I C T DARTMOUTH AVE JEFFERSON AVE ITHACA AVE S INCA STS JASON STS HURON STS GALAPAGO STS FOX STS DELWARE STS CHEROKEE STS BANNOCK STS ACOMA STS LINCOLN STS SHERMAN STS GRANT STS LOGAN STS PENNSYLVANIA STS PEARL STS WASHINGTON STS CLARKSON STS EMERSON STS OGDEN STS CORONA STS MARION STS LAFAYETTE STENGLEWOOD PKWY/GIRARD AVE US HWY 285 Proposed Englewood Downtown Development Authority Properties and Subareas I 0 500 1,000 1,500 Feet Page 75 of 471 Activating the Englewood DDA During the December 14, 2020 Council Session, Council elected to proceed with the appointment of the DDA Board and take other steps to activate the DDA early in 2021. The Board application and selection process is being formulated by staff now and this will culminate in City Council interviews of the interested applicants. The Board will consist of 6 qualified electors from the District and one City Council member. It is anticipated that several of the 25 members of the Downtown Matters Steering Committee will apply for the Board positions. Englewood DDA Background On July 6, 2020, the Englewood City Council approved an ordinance authorizing an election relating to the formation and organization of the Englewood DDA, including three TABOR-required ballot questions required to fund the DDA operations and investment in future public improvements. The recommendation to form an Englewood DDA emanated from the Downtown Matters initiative which was funded under a 2019 Next Step Study Grant from DRCOG secured by the City 2019. A comprehensive Downtown Plan was formulated as the DDA business plan: englewoodco.gov/home/showdocument?id=27183. Additional information regarding the Englewood DDA can be found at: englewoodco.gov/government/englewood-downtown-matters. The formation election for the Englewood Downtown Development Authority took place on November 3, 2020 via a mail-in ballot. The election was only for qualified electors within the proposed DDA boundaries, shown below, including Downtown property owners as well as business and residential tenants (all had to be registered Colorado voters). Based on the split results of the election, the DDA is now established and it has the voter-approved right to collect and spend revenues. However, the DDA did not gain voter approval to issue debt or to assess a mill levy to support DDA operations (2 mills in the first year). Based on direction from the DDA Board and the City Council, these issues may be revisited with the voters at a future date. Page 76 of 471 General Background on DDA’s in Colorado Downtown Development Authorities (DDAs) are quasi-governmental entities that provide both organization and financing for downtown revitalization efforts, including place enhancements, marketing and promotion, economic development, and public improvements that focus on the city center’s vitality and attractiveness. DDAs facilitate partnerships, joining businesses, property owners, civic partners, and local government to create a self-sustaining organization designed to champion downtown for the long term. Property owners, business owners, tenants and residents within the proposed DDA area must vote on the DDA’s creation and financial authority. Downtown Development Authorities are subject to Colorado Revised Statutes Section 31-25-801 (see CRS 31-25-801). More on the Downtown Plan Through the DDA study process, a broader definition of Downtown Englewood has been conceptualized that expands beyond the historical South Broadway main street corridor sub- area to also include the Englewood Station-CityCenter sub-area and the Swedish Medical Center-Craig Hospital sub-area. These three sub-areas are currently interrelated but not cohesive. The map above illustrates both the boundaries of the overall Downtown Englewood area, and each of the three sub-areas. With the DDA’s Board leadership, the Englewood Downtown Plan will serve as the governing document for the proposed Englewood Downtown Development Authority (DDA) and is intended to provide a business plan and policy guidance for the proposed DDA over the next 10 years and beyond. Informed by past planning efforts, a market assessment conducted in 2019, and broad outreach to community members and Downtown business and property owners, the Downtown Plan lays out a vision, big ideas, goals and strategies, and implementation tactics for Downtown Englewood moving forward. Downtown Englewood, Colorado is one of those special places – a friendly, authentic small city located within a large metropolitan area. Downtown has its own history and distinct character and is being discovered by both newer and older generations as a great place to live, work, shop, and socialize. With consistent stewardship and investment, the proposed DDA can ensure that Downtown Englewood becomes an even more vibrant, cohesive, and resilient place. DDA Board Terms and Meetings The DDA Board will include seven members with terms that will be staggered in accordance with the Colorado DDA statute. The City Council member will appoint one of its members to serve on the board. In terms of the initial appointments, two of the six public members will serve until June 30 of 2021 (approx. 3 months), two will serve until June 30 of 2022 (approx. 1 year and 3 months) and two will serve until June 30 of 2023 (approx. 2 years and 3 months). The DDA Board is expected to meet monthly at a time and location selected by the Board. It is expected that the Board will retain the services of a professional Director who will coordinate the work program of the DDA on behalf of and in coordination with the Board. The Board and Director will also be supported by the Englewood Community Development Department staff. With the assistance of the DDA Director, the Board will also engage legal and accounting services when the need for such services Page 77 of 471 is evident. Page 78 of 471 EASTMAN AVE FLOYD AVE KENYON AVE S ELATI STS BROADWAYS SANTA FE DRS DOWNING STHAMPDEN AVE US HWY 285 E N G L E W O O D S TAT I O N - C I T Y C E N T E R D I S T R I C T S B R O A D W AY M A I N S T R E E T D I S T R I C T M E D I C A L D I S T R I C T DARTMOUTH AVE JEFFERSON AVE ITHACA AVE S INCA STS JASON STS HURON STS GALAPAGO STS FOX STS DELWARE STS CHEROKEE STS BANNOCK STS ACOMA STS LINCOLN STS SHERMAN STS GRANT STS LOGAN STS PENNSYLVANIA STS PEARL STS WASHINGTON STS CLARKSON STS EMERSON STS OGDEN STS CORONA STS MARION STS LAFAYETTE STENGLEWOOD PKWY/GIRARD AVE US HWY 285 Proposed Englewood Downtown Development Authority Properties and Subareas I 0 500 1,000 1,500 Feet Page 79 of 471 2/25/2021  Page 1 of 1    DDA  Worksheet     Downtown Development Authority               Interested Eligible Applicants:              Alysia Davey              Amy Gallegos              Blake Calvert              Brad Nixon              Diane Reinhard              Erica Zierke              Grant Whiteside              Hugo Weinberger              Karl Leistikow              Mark Meiser              Marta Burton              Ross Carpenter              Tiffany Fixter                   Terms                June 30, 2021  ________________________________                                                                                                               ________________________________                 June 30, 2022                                                                    ________________________________                                                                                                               ________________________________                              June 30, 2023                                                                     ________________________________                                                                                                               ________________________________                                 Page 80 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alex Dorotik DEPARTMENT: City Attorney's Office DATE: March 15, 2021 SUBJECT: Amendment to Title 7, Chapter 1A - CARE OF ANIMALS DESCRIPTION: CB 07 - Amendment to Title 7, Chapter 1A - CARE OF ANIMALS RECOMMENDATION: Staff recommends Council adopt an ordinance making amendments to Title 7, Chapter 1A which will allow code enforcement the discretion to impound domesticated animals in addition to dogs and cats. PREVIOUS COUNCIL ACTION: 1. Council adopted Title 7, Chapter 1A of the EMC on June 16, 2008. 2. On January 11, 2021, Council heard recommendations from the CEAC that Title 7, Chapter 1A of the EMC be amended to allow for Code Enforcement Officers to have the option to impound all domesticated animals, in addition to just dogs and cats, that are running at large, subject to cruelty or neglect, or dangerous. Council instructed the CAO to compose the amendment reflective of the recommendation, present such amendments to the CEAC, and then present the proposed Amendments to Council. SUMMARY: These amendments will allow Code Enforcement Officers the discretion to impound any domesticated animal that is at large, being subjected to cruelty or neglect or is dangerous. ANALYSIS: This amendment changes the EMC in the following ways: 1. Title 7, Chapter 1A - the chapter title is changed, from "Dogs and Cats to "Care of Animals". 2. Title 7, Chapter 1A, section 3 - Running at Large - the reference to the animals that may be found to be unlawfully running at large is changed from "dog and cat" to "domesticated animal". Page 81 of 471 (Within Title 7, Domesticated Animal, is defined as: Dog or cat or any other animal kept as a household pet or as livestock.) 3. Title 7, Chapter 1A, section 5 - Impoundment of Animals; Notice, Disposition - all references to "dog and cat" are changed to "domesticated animal". 4. Title 7, Chapter 1A, section 9 - Cruelty to or Neglect of Dogs and Cats - all references to "dog and cat" are changed to "domesticated animal". 5. Title 7, Chapter 1A, section 16 - Dangerous Animals Prohibited - all references to "dog and cat" are changed to "domesticated animal". FINANCIAL IMPLICATIONS: Likely none, Englewood has a lump sum contract with the animal shelter to take and care for any impounded animal. If there is a large volume of additional impounds, there may be requested increases for future contracts. CONNECTION TO STRATEGIC PLAN: Safety- A city that protects its people, infrastructure, and built environment - This amendment promotes the safety of Code Enforcement Officers; Citizens, and Domesticated Animals. ALTERNATIVES: Council may approve, reject, or offer further amendment to the proposed EMC changes. ATTACHMENTS: Council Bill #7 - changes to Title 7, Chapter 1A Page 82 of 471 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 07 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 3; 5; 9; 16 REGARDING THE IMPOUNDMENT OF ANIMALS AND THE CLASSIFICATION OF DANGEROUS ANIMALS. WHEREAS, Englewood Municipal Code Title 7, Chapter 1A currently allows for the impoundment and classification of certain animals, dogs and cats, but does not allow for other animals, including domesticated, neglected, and dangerous anima ls, to be impounded WHEREAS, the Englewood City Council finds and determines that the procedures and safeguards for the impoundment of dogs and cats within the Englewood Municipal Code have provided for the health and safety of dogs and cats as well as the community, while also ensuring that dog and cat owners are afforded due process in addressing the impound. WHEREAS, the Englewood City Council finds and determines that Code Enforcement should have the option to impound animals kept in contravention of the Englewood Municipal Code, including domesticated animals which are not permitte d to be kept within the city, neglected animals and dangerous animals; WHEREAS, the Englewood City Council finds that the stated changes were recommended by the Code Enforcement Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: In accordance with the provisions of Englewood Municipal Code the following amendments to Title 7, Public Safety, are hereby approved: Section 1: Title 7, Chapter 1A, Sections 3; 5; 9; 16. Title 7 shall be amended by amending Chapter 1A, sections 3; 5; 9; 16 as follows: Chapter 1A – DOGS AND CATS CARE OF ANIMALS 7-1A-3: - Running at Large. It shall be unlawful for any dog or cat domesticated animal owner to allow such animal to run at large. 7-1A-5: - Impoundment of Animals at Large; Notice, Disposition. Page 83 of 471 2 A. Any dog or cat domesticated animal found running at large or animal kept in violation of this code may be taken by the City and impounded in a shelter designated by the City. B. Except for dogs and cats domesticated animals subjected to cruelty or neglect (7 -1A- 9), or that are Dangerous (7 -1A-16), or suspected of rabies infection (7 -1A-11), any impounded at large dog or cat domesticated animal may be claimed by and released to its owner upon payment of fines and fees at the Violations Bureau. C. Impounded dogs and cats domesticated animals not claimed by owner within six (6) business days may be disposed of by the City in any suitable manner. D. Evidence of current rabies vaccination is requi red prior to release of impounded dogs or cats. E. When a dog or cat domesticated animal is found running at large and ownership of such animal is known to City personnel, such animal need not be impounded, but such personnel may cite and return the animal to the owner. F. Immediately upon impounding a dog or cat domesticated animal, the City shall make a reasonable effort to notify the owner of such animal and inform such owner of the conditions whereby the owner may retain custody of such animal. G. Impoundment fees for dogs and cats domesticated animal shall be set by City Council Resolution. Englewood Municipal Code 7-1A-9: -Cruelty to or Neglect of Dogs and Cats Domesticated Animals. A. It shall be unlawful for any person to kill, maim, disfigure, torture, torment, neglect, beat, burn or scald with any substance a domesticated animal, or cause a dog or cat domesticated animal to endure unreasonable or unjustifiable pain, suffering or injury. B. It shall be unlawful for any person to antagonize, intimidate, threaten, abuse or verbally harass any dog or cat domesticated animal. C. Care and Maintenance. It shall be unlawful for any person keeping or harboring any dog or cat domesticated animal to fail or refuse to provide such dog or cat domesticated animal with proper food, drink, shade and shelter. Proper food, drink, shade and shelter shall require that: 1. Each dog or cat domesticated animal shall receive an adequate daily supply of clean, fresh food suitable for its physical condition and age sufficient to maintain a healthy level of nutrition. Page 84 of 471 3 2. Each dog or cat domesticated animal shall, at all times, have an adequate and accessible supply of clean, fresh, potable water and such water shall be provided either free-flowing or in a clean, stable receptacle. 3. Each dog or cat domesticated animal housed outdoors or tethered outdoors shall have convenient access to appropriate weather and temperature resistant shelter throughout the year. Any shelter shall be structurally sound, clean, adequately sized, and maintained in good repair to protect the dog or cat domesticated animal from injury and from the elements. 4. The living area for the dog or cat domesticated animal shall have adequate drainage such that the dog or cat domesticated animal shall be free to walk, sit, stretch or lie down on a dry surface. 5. If a dog or cat domesticated animal is housed outdoors, in addition to a shelter, it shall be provided with an enclosure to minimize risk of injury and to provide sufficient space to enable freedom of movement and exercise. 6. An animal A domesticated animal may not be placed or confined, or allowed to be placed or confined or allowed to remain in an unattended vehicle without sufficient ventilation or under conditions or for such period of time as may be expected to endanger the health or well-being of domesticated animal due to heat, lack of water or such other circumstances as may be expected to cause suffering, injury or death. A Code Enforcement Officer or Police Officer who finds a domesticated animal in a vehicle in violation of this Section may enter the vehicle by using the amount of force reasonably necessary to remove the domesticated animal. D. The City may take and impound any dog or cat domesticated animal found to be subjected to prohibited treatment described in this Section. If the owner has not submitted a request to reclaim the domesticated animal within six (6) business days, the City may dispose of the domesticated animal in any suitable manner. If a claim is made by the Municipal Court for the dog or cat domesticated animal, the domesticated animal shall be held by the City or by a shelter designated by the City until the Municipal Court enters an order finding either: 1. Charges under this Section cannot be proven beyond a reasonable doubt, or 2. The Municipal Court finds that care and maintenance issues under Paragraphs B and C above have been satisfactorily remedied. The domesticated animal may be released upon payment of any fines, fees and impoundment costs. A domesticated animal impounded under the provisions of Paragraph A of this Section shall not be returned to its owner, but may be disposed of in any suitable manner at the discretion of the City. 7-1A-16: - "Dangerous" Animals Prohibited. A. It shall be unlawful for any person to own or harbor a "Dangerous" animal, except as provided in Subsection H of this Section. Page 85 of 471 4 B. An owner of a dog or cat domesticated animal that has been adjudicated as having committed acts that would be deemed "Dan gerous" as set forth in this Chapter in any other jurisdiction shall register said animal with the City as a "Dangerous animal". C. The owner of any dog or cat domesticated animal shall be responsible for any damage committed by that dog or cat against any property, real or personal, live or inanimate, or any person or domesticated animal. D. It is an affirmative defense to the charge of "At -Risk" or "Dangerous" animal that the person or animal that was attacked by the "Dangerous" animal was: 1. Other than in self-defense or defense of others, attacking the animal or engaging in conduct reasonably calculated to provoke the animal to attack or bite; or 2. Unlawfully engaging in entry into or upon the premises or containment within which the animal was lawfully kept; or 3. Unlawfully engaging in entry into or in or upon a vehicle in which the animal was confined; or 4. Harassing the animal; or 5. Assaulting another person; or 6. Attempting to stop a fight between the animal and any other animal; or 7. Attempting to aid the animal when it was injured; or 8. Attempting to capture the animal in the absence of the owner; or 9. A veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, Code Enforcement or Police Offic er or other professional acting in the performance of his or her respective duties. E. Exemption. Employees or agents of the City or any local, state or federal governmental entity, using animals within the course of their duties or employment shall be exempt from the provisions of Paragraphs A, B and C above. F. Impoundment. Any animal which has caused injury to any person or domestic animal or which has committed any behavior defined as "Dangerous" herein, may be seized and impounded as provided for in th is Chapter. G. Impoundment Hearing. Any animal impounded pursuant to this Chapter may be held for a hearing before the Municipal Court to determine the disposition of such animal. Dogs or cats domesticated animal not claimed by their owners before the expi ration of six (6) business days may be disposed of at the discretion of the City. The City shall Page 86 of 471 5 notify, when ascertainable, the owner of the animal in writing of the date, time, place and purpose of the hearing. The Court may conduct such hearing at the e arliest date available to the Court. If, on the date of the hearing, the duly notified owner does not appear, the Court may proceed with the hearing. The hearing may take place regardless of any pending municipal charge pertaining to the animal. The Court may order the animal to remain impounded at the owner's expense until final disposition of any pending municipal charges. The owner shall bear all costs of impounding the animal regardless of the results of any municipal charges. If the Court determines that it is not appropriate to order the animal impounded the Court may order the animal returned to the owner and to be kept under such circumstances as will ensure the safety of persons, property or other animals. H. Conditions for Keeping an Animal Classif ied as "Dangerous". 1. The owner of the classified animal shall comply with all of the following conditions: a. The owner of the "Dangerous" animal shall pay a permit fee to be set by City Council Resolution. Said permit shall not be issued until inspectio n and approval of the Escape- Proof Enclosure. b. Only one (1) "Dangerous" animal may be permitted, per residence. c. The owner of the "Dangerous" animal shall keep current the permit for such "Dangerous" animal through annual renewal. Such permit is not tr ansferable or renewable except by the holder of the permit or by a member of the immediate family of such permitee. A "Dangerous" animal permit tag will be issued to the owner at the time of issuance of the permit. Such permit tag shall be attached to the "Dangerous" animal by means of a collar or harness which must be worn by the animal at all times. It should be clearly visible, and shall not be attached to any "Dangerous" animal other than the "Dangerous" animal for which the permit was issued. d. The owner of a "Dangerous" animal must be at least eighteen (18) years of age. e. The Court may require proof of liability coverage which will cover any damage or injury caused by a "Dangerous" animal. f. The owner of a "Dangerous" animal shall, at the owner's o wn expense, have the "Dangerous" animal spayed or neutered and shall present to the City Manager or designee documentary proof from a licensed veterinarian that this sterilization has been performed. g. The owner of a "Dangerous" animal shall, at the owner 's own expense, within ten (10) business days, have a microchip containing an identification number implanted into the "Dangerous" animal. The City Manager or designee shall maintain a file containing the Page 87 of 471 6 registration numbers and shall coordinate that list with the State. The owner shall notify the City Manager or designee of any change of address within fifteen (15) working days. h. The owner must confine the "Dangerous" animal in a building or enclosure designed to be escape-proof and, whenever the animal is outside of the building or enclosure, keep the animal under the owner's control by use of a leash. The owner shall post a conspicuous warning sign on the building or enclosure notifying others that a "Dangerous" animal is housed in the building or encl osure. In addition, if the conviction is for a second or subsequent offense, the "Dangerous" animal shall also be muzzled whenever it is outside of the building or enclosure. i. The owner shall immediately notify the City Manager or designee in the event t hat the "Dangerous" animal is loose, stolen, at large, unconfined, has mauled, bitten, attacked, threatened, or in any way menaced another domesticated animal or human. The owner shall also notify the City Manager or designee in the event the "Dangerous" a nimal is sold, disposed of, or has died. j. Failure to comply with any of these conditions may result in the impoundment of the animal, subject to disposition pursuant to 7 -1A-16, Section F, E.M.C. Declassification. A declassification fee in an amount to be set by City Council Resolution will be assessed when the classification period begins. Declassification shall occur pursuant to this Chapter. The following conditions must be met: 1. Animals that have been classified as "At -Risk" for one (1) year withou t further violation, and two (2) years without further violation for any animal classified as "Dangerous", since the most recent citation by such animal, and 2. Written certification of satisfactory completion of approved obedience training, AKC "Canine Good Citizen" program or equivalent for the classified animal, with the owner, and 3. Any additional condition ordered by the City Manager or his designee or the Municipal Court. J. Euthanization. Upon a classification of "Dangerous" animal, the Court, in ad dition to the requirements set forth in this Chapter and the penalties set forth in the Code, may hold a hearing to determine if the animal should be euthanized, and, if so, the animal shall be euthanized under the supervision of a veterinarian. K. Authority for Immediate Destruction. After making reasonable attempts to control an animal, if a Code Enforcement Officer or Police Officer determines that the animal presents a danger to any person or domestic animal, it shall be lawful for the officer to destroy the animal without notice to the animal owner. Page 88 of 471 7 Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Savings Clause. The provisions of E.M.C. Title 1, Chapter 2, Savings Clause apply to the interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. mandates that except as otherwise provided within specific Titles, Chapters or Sections of the E.M.C., the violation of any provision of the E.M.C. shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or both. Safety Clauses. The Englewood City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety a nd for the protection of public convenience and welfare. The Englewood City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 1st day of March, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of March, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of March, 2021 for thirty (30) days. Read by Title and passed on final reading on the 15th day of March, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 18th day of March, 2021. Published by title on the City’s official website beginning on the 17th day of March, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor Page 89 of 471 8 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 90 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: March 15, 2021 SUBJECT: Approval of modifications to the strategic plan DESCRIPTION: At the Council Retreat on January 22, Council Members provided suggested modifications to the strategic plan which they originally adopted in the summer of 2020. Staff requests that Council approve a motion to accept these changes. RECOMMENDATION: Staff recommends City Council approve, by Motion, modifications to the City of Englewood Strategic Plan PREVIOUS COUNCIL ACTION: Approval of the 2020-2022 strategic plan in the summer of 2020 Approval of Quarter 3 2020 modifications to the strategic plan in November, 2020 Approval of Quarter 4 2020 modifications to the strategic plan in January, 2020 SUMMARY: On January 22, 2020, Council met for a retreat. At this session, Council members provided suggestions for modifications to the City of Englewood 2020-2022 Strategic Plan. Staff requests that Council, by Motion, consider making these modifications to the strategic plan. ANALYSIS: Staff recommends the following changes to the strategic plan: LOCAL ECONOMY Goal Projects Ensure businesses have access to resources and networking opportunities • Develop, and update annually, a comprehensive business contact database to include e-mail addresses (2020) • Develop a quarterly business newsletter that shares news and information relevant to businesses, and also promotes resources, Page 91 of 471 networking opportunities and local organizations that advocate for and promote business in Englewood (2020) • Develop 1:1 outreach opportunities between businesses and City staff, Chamber and ACE members (2020) Develop the workforce through improved educational outcomes • Promote and invest in early childhood education (2020) • Collect and promote day care options for local employers (2020) • Research City-School District partnerships in other communities and create best practices list (2020) • Meet with Englewood Schools quarterly to discuss and implement City-School partnership opportunities (2020) Maximize economic impact of daytime employees commuting to Englewood • Provide employers information regarding retail and services available in Englewood (2020) • Promote newsletter signups by commuting employees (2020) Market Englewood as a place to work and do business • Continue storytelling series on local businesses (2020) • Produce online business directory (2020) • Produce marketing materials to neighboring (2020) communities about Englewood businesses • Use community information platforms to promote entrepreneurs and new businesses (2020) SAFETY Proposed changes to the Safety section of the strategic plan are recommendations of the Task Force on Police Reform. Goal Projects Improved training, hiring, and discipline processes • Develop a formal policy of reviewing the disciplinary records of candidates from their employment with public safety agencies (2020) • Work closely with Human Resources and attend career fairs. (2021) • Develop a marketing plan to highlight stand-out programs provided by the Englewood Police Department, such Page 92 of 471 as the Impact Team and Co- Responders (2021) • Develop a program to financially support non-POST certified candidates in the certification process program already in place (2021) • Develop a strategy, modeled on the Government Alliance on Race and Equity (GARE), for training on bias and diversity; make trainings interdepartmental between police and staff from other City departments (2021) • Provide Crisis Intervention Training to all officers; include refresher trainings in annual in-service training program (2021) • Have external trainers identified and utilized as part of annual training (2021) • Develop and implement a Training Policy (2021) • Launch a website dedicated to the recruitment of police officers (2021) Collect data on and make recommendations related to use of force policies • Consider Use of Force policy (2021) • Compile annual report on use of force for internal and external communication that includes use of force statistics from Attorney General's office tied to race and ethnicity. Work with Communications Department to create a new page on the police website with this information (2021) • Compile annual report on use of force for internal and external communication that includes use of force statistics from Attorney General's office or Police RMS tied to mental health or substance abuse diagnoses. Include information in annual City Council use of force report (2021) • Consider the removal of identification of Excited Delirium as a "serious medical condition" (2021) • Modify Lexipol 445 to explicitly meet the requirements of SB217 (2020) • Identify all de-escalation training needs and integrate them into training Page 93 of 471 programs (2021) • Create and implement Community Engagement plan (2021) • Modify Lexipol 300.4 to meet the requirements/language of SB217 and this recommendation. Change the word feasible to reasonable in 300.4 (2020) • Modify wording in Use of Force Policy related to Warning Shots to state "Under no circumstances shall a City of Englewood officer discharge a warning shot" (2020) • Develop a change to the Lexipol policy, codifying the Chief's policy of investigating all use of force complains (2020) • Modify Lexipol 300.4 to explicitly meet the requirements/language of SB217 and recommendations related to fleeing subjects. Remove the word immediately in 300.4 (2020) • Expand CIT, Co-Responder and undertake 911 diversion to legal/medical health responders (2021) Explore, develop, and implement models of alternate policing • Ensure Co-Responder program includes case management by adding staff/resources; ensure proactive outreach to repeat CIT contacts (2021) • Retain 80 hours per week of licensed co-responder time (2020) • Modify co-responder job description to include case management (2021) • Conduct a reevaluation of CIT work hours to best meet the needs of the department (2021) • Establish, recruit for, and hire a new outreach position to work with mental health, substance abuse, and homelessness needs (2021) • Develop a process to enhance the use of SAFY (2021) • Initiate the use of metrics to review and evaluate the success of the Co- Responder program (2021) • Create protocols to work with the dispatch center to divert mental health calls to crisis system (2021) Page 94 of 471 • Create and implement a strategy to reduce the number of calls officers have to respond to and consider additional resources available to address the needs identified by the caller (2021) Evaluate and implement programs and policies to address factors impacting Police Department operations • Create a process to routinely monitor and apply for grants for emergency and/or short-term residential detox and addiction services (2021) • Ensure that the Police Department continues to participate in the Tri- Cities Homelessness Initiative, and relay pertinent programs back to the department (2021) SUSTAINABILITY Proposed changes to the sustainability section of the strategic plan will be brought to Council on April 5th under the Motion to approve the sustainability plan. The sustainability plan will become the new sustainability section of the strategic plan. NEIGHBORHOODS Goal Projects Reduce neighbor to neighbor conflict • Create mediation program to resolve conflicts (2020) • Train staff to identify neighbor to neighbor disputes and refer them to Neighborhood Resources and the mediation program (2021) TRANSPORTATION Goal Projects Improve walkability for seniors and the disabled • Provide better connections between City Center, Downtown and senior centers such as the Simon Center and Malley Center (2021) • Complete sidewalk assessment and fund improvements to identify problem areas in the DDA (2021) Ensure an outstanding pedestrian experience along and near the Englewood Trolley stops and route • Focus outdoor art along the trolley route including but not limited to the Swedish Horse project (2021) • Develop a streetscape plan for the route to include enhanced landscaping, benches, trash containers, lighting, etc.(2021) Improve the pedestrian experience along • Complete sidewalk assessment and Page 95 of 471 highly traversed corridors fund improvements to identified problem areas in the DDA (2021) • Complete a streetscape design plan for South Broadway (2021) • Implement recommendations of the 2015 Walk and Wheel Plan (2021) Improve pedestrian safety • Complete city-wide walkability assessment (2021) • Implement safety components of the 2015 Walk & Wheel Plan (2021) Assess intersections with high auto and pedestrian accident rates and implement safety improvements • Create a quarterly agenda item for ETAC to review dangerous intersections and work with staff to develop and implement solutions (2021) GOVERNANCE Staff recommends that Council formally accept the Blueprint for Organizational Success as the Governance section of the strategic plan. FINANCIAL IMPLICATIONS: In April, staff will present a supplemental budget request, which in part requests funding to support these additions to the strategic plan. CONNECTION TO STRATEGIC PLAN: If passed, this Motion will modify the strategic plan. ALTERNATIVES: Alternatively, Council could choose to not add additional goals and projects to the strategic plan. ATTACHMENTS: FY2020 Strategic Plan Dashboard- Quarter 4 Page 96 of 471 Page 97 of 471 Strategic Plan at a Glance In the summer of 2020,the Englewood City Council approved a three year strategic plan which runs through the 2022 fiscal year.The strategic plan is anchored by the city’s mission,vision,and values,and organizes work towards the achievement of seven outcomes.Progress updates will be provided quarterly,with a performance report issued in January of every year. Infrastructure Local Economy Safety Sustainability TransportationNeighborhoods Governance Page 98 of 471 Strategic Plan at a Glance Page 99 of 471 Infrastructure Page 100 of 471 Infrastructure •Stormwater rate study •Complete water & sanitary sewer rate & fee study •Hire asset manager •Removal of debris from Oxford stormwater pipe •Repair Jason Court/Rotolo Park Outlet •Track progress on web-passed pothole map Page 101 of 471 Key On track On track, with challenges Off track Project completed Impacted by COVID-19 Project slated for deletion/modification Page 102 of 471 Infrastructure GOAL PROJECT STATUS NOTES Establish a long term Capital Improvement Plan Develop & implement comprehensive Capital Improvement Plan (F/U/PW/PRL) 2021 CIP approved by City Council; project list created & assigned PMs Establish 20-year plan for financing Identify revenue opportunities, fee/rate and/or tax structures, to support COE infrastructure needs; secure competitive borrowing rates (U/PW/F) Meeting with bond counsel held in mid- September. Aiming for issuance in Q1 2021. Will work to develop a detailed schedule. Complete stormwater rate study (PW/F) Complete water & sanitary sewer rate & fee study (U/F) Review & update all sanitary sewer connector district agreements (U/F) Currently reviewing administrative fee component. Will bring back to Council by the end of Q1 2021Page 103 of 471 Infrastructure GOAL PROJECT STATUS NOTES Establish a City-wide Asset Management Plan Identify asset management systems for buildings, fleet and capital equipment (PW) Modified in Q3 to "Complete street inventory and pavement rating as well as street sign inventory. Complete city sidewalk 'missing' segments inventory.” Street inventory rating will be completed by early January. Implement computerized asset management system (PW)Developing asset management strategy and system requirements Hire Asset Manager (PW) Initiate asset management needs for water and sewer utilities, and coordinate with established asset management system in place at South Platte Renew (U) Page 104 of 471 Infrastructure GOAL PROJECT STATUS NOTES Reduce the number of structures at risk of flooding in a 25-year storm event by 20% Initiate design of stormwater S1 & S2 projects (PW)Interviews to be held in early November. Complete design of stormwater S3A & hospital-area projects (PW) Goal is to complete for April-May timeframe for bidding. Estimating the number of homes removed from flooding in 25-year event at 200+. Complete debris removal from Oxford stormwater pipe (PW) Repair Jason Ct/Rotolo Park Outlet (PW) Complete a city-wide small (<36") storm sewer system cleaning (PW) Project is delayed Staff is approximately 75% complete but encountering a significant amount of debris. 618 inlets cleaned to date. Page 105 of 471 Infrastructure GOAL PROJECT STATUS NOTES Educate public on the importance of building, maintaining replacing and funding infrastructure Work with infrastructure-focused departments to create educational content (COM) Promote in Englewood Citizen, city web site, and on social media. Publicize at events. (COM) Repair potholes initially within 7 business days Complete temporary repairs of potholes with cold mix (PW)361 completed YTD Complete permanent repairs with hot mix asphalt, as material availability allows (PW)226 completed YTD Track progress on web-based pothole map (PW) Ensure neighborhood roadways are safe and well-maintained Complete corrective, preventative, and routine maintenance in accordance with the Pavement Management Program (PW)Page 106 of 471 Local Economy Page 107 of 471 Local Economy •New marketing profile •Marketing businesses to tell their "Englewood story” •Selection of a Master Developer for the city portion of CityCenter •Drafting and approval of required negotiation and redevelopment agreements with Master Developer •Exploration of a Downtown Development Authority (DDA) •Provision of briefings to Englewood Public Schools and Arapahoe County regarding the DDA formation process and tax increment financing provisions and options •Exploration of job training programs that focus on people experiencing homelessness that may be offered by one of Englewood's eight economic development •Installation of initial artistic crosswalks & traffic controller wraps in the downtown area Page 108 of 471 Local Economy GOAL PROJECT STATUS NOTES Attract and retain a diversified industry mix including retail, restaurant, manufacturing, medical and arts Continue economic development program focus on small scale/entrepreneurial business retention and attraction through grants, training and events (CD) Home based business grant program is operational. Focus on COVID-19 Ensure that the redevelopment agreements for CityCenter's redevelopment incorporate a mix of land uses (CD) Council updates around possible choices. Received appraisal of Selbe proposal. SKB continues to refine alternative site plans, to be shared with Council. Complete new community profile (CD)Completed Partner with Communications to market Englewood businesses by enabling them to tell their "Englewood story" (CD) Several stories included in Englewood Citizen Identify, develop and distribute business interest stories for distribution to local and regional media (CD/COM) Featured on Channel 7 & in the Colorado Municipal League NewsletterPage 109 of 471 Local Economy GOAL PROJECT STATUS NOTES Retain and sustain local businesses Continue economic development program focus on small scale and entrepreneurial business retention and attraction through grants, training and events (CD)Eliminate Conduct quarterly tax seminars to encourage communication between businesses and COE Finance (F) Reinstitute monthly meetings with key employers Swedish Medical Center and Craig Hospital (CD/CMO)Modify-Move to 2021 Page 110 of 471 Local Economy GOAL PROJECT STATUS NOTES Hold commercial vacancy along S. Broadway to a minimum by supporting redevelopment of aging properties and supporting new business development in the area Continue to provide monthly statistical indicators of commercial occupancy in Community Development newsletter (CD) Target the Broadway corridor for investment of the City's small business grant and training programs (CD) Broadway businesses have been significant recipients of COVID-19 related grants. Provide the updated community profile to local and regional commercial brokers (CD) Meet with property owners about why properties are vacant (CD) Conduct exit interviews with companies closing or leaving Englewood (CD) Designate an individual tasked with guiding a project through the development process (i.e.: a Development Coordinator or Ombudsman) (CD/PW)Remove Investigate vacancy fees to disincentivize leaving buildings vacant (CD/F)Modify-Move to 2021 Support additional office development for larger (25+ FTE) office tenants in the S Broadway corridor (CD)Two large office tenants are relocating to Broadway Interview new businesses about succcess factors that led to Englewood as their location of choice (CD)EliminatePage 111 of 471 Local Economy GOAL PROJECT STATUS NOTES Ensure pro-business climate while maintaining high standards for development Ensure that Development ReviewTeam (DRT) and departmental review processing of development applications is completed in accordance with City codes and guidelines, but in a timely manner (CD) Coordination and review process are being developed Initiate in-person customer feedback sessions with economic development program clients (CD) Not held because of the impacts of COVID-19 Redevelop and densify CityCenter Select a Master Developer for the City portion of CityCenter (CD) SKB of Portland, OR was selected and a pre-development agreement is in place Draft and approve required negotiation and redevelopment agreements with master developer (CD) An exclusive negotiation agreement (ENA) between SKB and the City was approved by Council, and approval of a pre-development agreement followed Possible consideration of a new PUD application or Area Rezoning by P&Z and City Council (CD)Modify-Move to 2021Page 112 of 471 Local Economy GOAL PROJECT STATUS NOTES Ensure a focus on locally owned and operated businesses Continue economic development program focus on small scale and entrepreneurial business retention and attraction through grants, training and events (CD) Eliminate Ensure ease in business license process, excellent customer service and communication (F) Establish a Downtown Development Authority Exploration of a DDA through the Next Steps 2020 project; Potential November election (CD); Support Community Development's exploration of a DDA (RFPs, Contracts, Council Communication) -F DDA proposed and on November ballot Provide briefings to Englewood Public Schools and Arapahoe County regarding the DDA formation process and tax increment financing provisions and options (CD) Completed Promote business to business transactions and shop local campaigns Promote local businesses in the Citizen Magazine and on social media (COM)In progress-continued throughout the year. Storytelling series and staycations Coordinate with the Chamber and ACE to conduct Small Business Saturday (CD) Coordination in process, however plans are not solidified due to impact of COVID-19Page 113 of 471 Local Economy GOAL PROJECT STATUS NOTES Ensure Englewood development process is equivalent to or better than neighboring communities Incorporate development review efficiency into the goal of the Title 16 community assessment project (CD) Project kicked off with Council and Planning and Zoning Commission. Held a town hall in early September With the selected vendor, develop the new software iMS that will replace the City's development permitting system and enable more online application services to be offered (IT/CD) Go live in Quarter 2 or Quarter 3 of 2021 Conduct regular, in-person input sessions with customers of Planning, Building and Economic Development services (CD) Attract and retain a hotel in central Englewood Explore the development of a hotel with the master developer as part of the CityCenter redevelopment (CD) While master developer SKB expressed an interest in a hotel as part of the master plan for the site, the hotel industry has been impacted by the COVID-19 pandemic Page 114 of 471 Local Economy GOAL PROJECT STATUS NOTES Utilize job training and skills development programs for local businesses, residents and people experiencing homelessness Explore job training programs that focus on people experiencing homelessness that may be offered by one of Englewood's eight economic development partners (CD) First bootcamp occurred in mid-October. Modified to include those impacted by COVID-19 Explore opportunities for educational and training institutions to local training facilities and conduct programs in Englewood (CD) Establishment of long-term relationship with Arapahoe Community College Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors Explore grant funding for enhanced crosswalks in downtown (CD)Modify to include Public Works, and further modified to move to the Blueprint for Organizational Success Install initial artistic crosswalks & traffic controller wraps in the downtown area (PW) Assess development codes bi-annually and modify as needed Document development code opportunities/issues/complaints through Title 16 Community Assessment (CD) Consolidate with other Title 16 projectPage 115 of 471 Local Economy GOAL PROJECT STATUS NOTES Celebrate economic and redevelopment successes Submit projects and programs for awards and other professional recognition (ULI, Downtown Colorado, IEDC, etc) (CD) Will be ready for future conferences such as Downtown Matters, American Planning Association, and Downtown Colorado Recognize the achievements of Englewood businesses and development projects at City Council meetings (CD) Will incorporate into future City Council meetings Propose a mobile workshop in Englewood for the 2021 Spring Urban Land Institute (ULI) meeting in Denver (CD) Currently, it is not known how the pandemic will impact the 2021 ULI spring meeting. Promote successes on our marketing channels (COM) Promoting+A38:D42 successes on social media by gathering testimonials from businesses that received grant funding. Page 116 of 471 Safety Page 117 of 471 Safety •Working with the Englewood Emergency Management Coordinator, establish Emergency Operations Steering Committee and Working Group.Update, finalize, communicate, and test the Emergency Operations Plan by year end •By the end of 2020, the Code Enforcement Division will have proper training, equipment, and software to utilize mobile devices in the field in order to provide a higher level of customer service to the community •Hire and utilize seasonal code officer approved in 2020 budget Page 118 of 471 Safety GOAL PROJECT STATUS NOTES Build, maintain, replace and fund a quality stormwater drainage system [see Infrastructure tab] Provide community resiliency against manmade and natural disasters Working with the Englewood Emergency Management Coordinator, establish Emergency Operations Steering Committee and Working Group. Update, finalize, communicate and test the Emergency Operations Plan by year end. (PD) Final draft completed and in final review stage Ensure reduced speed in neighborhoods and traffic calming measures where appropriate The PD will work with Traffic Engineering in order to develop a comprehensive plan for neighborhood studies. Previous studies should also be reviewed. (PD/PW) Related Council discussion held on January 11, 2021 Page 119 of 471 Safety GOAL PROJECT STATUS NOTES Ensure high quality public safety services Promote and continue to develop the partnership with All Health and the Co-Responder Program. Current cost for this program is $132,000.00 and it is contained in the Police Operations Budget. (PD) Completed for this year By the end of 2020 the Code Enforcement Divisions will have proper training, equipment, and software to utilize mobile devices in the field in order to provide a higher level of customer service to the community. (PD) Police Department is live, and Code Enforcement will go live at the end of January Code Enforcement will partner with the Parks Department, Communications, and other departments as necessary to educate and enforce park rules with an emphasis on animal related violations (PD/COM/PRL) Park Ranger will start employment at the end of January Provide robust training and development for officers to be exposed to innovations in policing (PD)Will continue to emphasize in 2021 Develop metrics for measuring success (PD)Considering integration into city-wide metric program Report out to community each year on metrics (PD/COM)Considering integration into city-wide metric program Investigate Police oversight board. (PD) DONE Replace with Police Reform TaskforcePage 120 of 471 Safety GOAL PROJECT STATUS NOTES Pursue zero vehicular, pedestrian, and cyclist deaths Increase collaboration between the Traffic Enforcement Team in Police and Traffic Engineers in Public Works (PD/PW) Related Council discussion held on January 11, 2021 Establish a 3E (Engingeering, Enforcement, Education) Committee to address specific traffic safety issues (PW/PD/COM) A communications plan will be developed for 2021 Complete a Traffic Crash Analysis Report (PW) Utilize DRCOG Vision Zero Resources (PD/PW) Related Council discussion held on January 11, 2021. DRCOG BOD has adopted Taking Action on Regional Vision Zero in June 2020, establishing a goal of ZERO serious injuries and fatalities in the Denver region. The plan included various action initiatives to begin to work toward achieving this important regional goal. First initiative was to organize a Working Group to convene regular meetings of safety stakeholders. This working group will be a place to share and expand on Vision Zero updates in regard to data, resources, policy evolution and emerging issues. Initial meeting held on 10/6/20. https://drcog.org/planning-great-region/transportation-planning/ traffic-safety/regional-vision-zero Page 121 of 471 Safety GOAL PROJECT STATUS NOTES Research and implement innovative and effective best practices used throughout the country for both Police and Code Enforcement Currently researching the implementation of the Restorative Justice System. Current RFP will soon be sent out in an effort to hire a subject matter expert. (PD/CMO) Subject matter expert hired, and program will launch in Q1 of 2021 Currently working with Mayor Olson and the Tri-Cities Group in developing an effective approach with those experiencing homelessness (CMO/PD) On-going process in developing a plan of action By the end of 2020, the Code Enforcement Division will have proper training, equipment and software to utilize mobilize devices in the field in order to provide a higher level of customer service to the community (PD/IT) Equipment purchased and deployed. Final configuration scheduled for Q1 of 2021 Code Enforcement will partner with the Parks Department, Communications, and other departments as necessary to educate and enforce park rules with an emphasis on animal related violations (PD/PRL/COM) Council approved the hiring of a park ranger for Fiscal Year 2021 Provide robust training and development for officers to be exposed to innovation in policing (PD) Related recommendations will come out of the Police Reform Taskforce Assign an innovation officer from existing staff resources who stays abreast of best practices and educates department Consider removing as this relates to the recommendations of the Police Reform TaskforcePage 122 of 471 Safety GOAL PROJECT STATUS NOTES Ensure well maintained residential and commercial properties throughout the City Maintain proactive Code Enforcement activities (PD)Ongoing Hire and utilize seasonal code officer approved in 2020 budget (PD) Work with Communications on items in preceeding goal (PD/COM)Ongoing Continue Nuisance Abatement Team for problem properties (PD) Team is in place and actively addressing problem properties Ensure the built environment is constructed in a safe manner through CPTED (Crime Prevention Through Environmental Design) implementation • Improve existing park layout through re-design. (PRL) Ongoing-Implementing program at Romans Park Phase II. Jason park in design and will be addressed in final implementation Ensure widespread knowledge of property maintenance codes for both residential and commercial properties Code will work with Building Division and Communications to develop common code summaries (PD/CD/COM)Will work to develop a “how to guide” for common code questions Communications will promote summaries and a Did You Know campaign in conjunction with Code and Building (COM)Page 123 of 471 Sustainability Page 124 of 471 Sustainability •Development and implementation of a comprehensive Capital Improvement Plan •Establishment of a citizen advisory committee (related to garbage & recycling) •Planting flowers and plants that attract pollinators in parks, flower beds, and around golf courses •Evaluation of current energy charges for all city facilities •Completion of Water Master Plan, set priorities for identified projects & programs •Completion Water Rate & Fee Study •Updating & publication water quality report •Completion of Meadow Creek raw water line project Page 125 of 471 Sustainability GOAL PROJECT STATUS NOTES Consider long-term sustainability in infrastructure Develop financial model supporting sustainability in infrastructure (F/PW/U/PRL) Five year model developed and continue to be refined Maintain the current built environment and maximize the lifecycle of newer high-profile buildings (police station, schools) Develop an inventory of maintenance needs for city buildings (PW) Meetings scheduled for all city facilities, and to create a 3-5 year capital improvement plan for all city buildings Develop a proactive capital plan to address needed capital and maintenance of city buildings Develop and implement comprehensive Capital Improvement Plan (F)5 year models developed and continue to be defined Evaluate organized garbage & recycling collection program Issue Request for Proposals (RFP) to waste haulers; solicit proposals for single hauler trash & recycling collection (PW)Working with Citizen’s Committee on a new RFP Establish citizen advisory committee (PW) Educate citizens & solicit input on proposed single hauler system (PW)Pending further discussion by Committee Page 126 of 471 Sustainability GOAL PROJECT STATUS NOTES Support pollinators, particularly in parks, and cut the use of pesticides Plant flowers and plants that attract pollinators in parks, flower beds and around golf course. Annually 25 flower beds are planted with flowers such as: Black Eyed Susans, Penstemon, Snapdragons and Verbena (PRL) Utilize organic fertilizers on athletic fields. Increase the use of organic fertilizer by 20% annually over the next 5 years (PRL) Research best practices in invasive species management to reduce future use of pesticides (PRL) Broken Tee started a test plot with selective and non-selective herbicides and their organic alternatives Promote homeowner and business conservation and sustainability efforts Create a Sustainability Office within an existing City Department (CMO)Duplicate Develop E3 grant program for businesses in addition to existing homewoner program (CD) Funding secured for homeowners and exploring funding opportunities for businesses. Fund eligible, income-qualified energy improvements to homes (CD)Consider margining into E3 grant program project Implement strategies that will respond to climate variability Create a Sustainability Office within an existing City Department (CMO)Survey sent to city departments to develop an inventory of existing sustainability programs Consider establishing a new Sustainability board or commission (CMO)Will be considered as part of the exploration of the creation of a sustainability programPage 127 of 471 Sustainability GOAL PROJECT STATUS NOTES Move toward a green energy grid with steps toward energy independence Evaluate current energy charges for all city facilities (PW)Summarizing 2019 & 2020 utility costs for each facility Explore and promote geothermal energy opportunities (CMO/PW)Modify-Move to 2021 Invest in water infrastructure Complete Water Master Plan; set priorities for identified projects & programs (U) Complete Water Rate & Fee Study (U/F) Increase water rates and connection fees as needed (U/F) Pursue funding partnerships regionally and nationally for water programs Evaluate possible grant funding opportunities (U)Money would arrive, at earliest, in the fall of 2021 Improve taste and clarity of Englewood water Initiate construction of Big Dry Creek Diversion project (U)Initiated project, easement received. The permitting phase recently begun Update & publish water quality report (U) Complete Water Treatment Plant Risk & Resiliency Plan (U)Final deadline of June, 2021Page 128 of 471 Sustainability GOAL PROJECT STATUS NOTES Address aging irrigation systems in parks Develop a plan for phased replacement of irrigation systems in parks with efficient systems (PRL) Solict funds for implementation (PRL/F) Increase water conservation efforts Develop a residential and commercial water conservation program (U)Modify-Move to 2021 Develop strategy to eliminate remaining flat rate billing (U/F)Will likely occur at the end of 2021. Working to apply for $500,000 grant to assist customers Eliminate declining rate structure for water usage and replace with increasing rate structure (U)Move to 2022 Stormwater quality Evaluate opportunities for incorporating water quality improvements in public infrastructure projects (PW)Contract awarded on January 11, 2021 Page 129 of 471 Sustainability GOAL PROJECT STATUS NOTES Engage in sustainable water futures that employ water efficient systems Continue with Water Rights Master Plan (U)Work in progress. Modify to “Water rights strategy plan” Complete Meadow Creek raw water line project (U)Inspection complete and awaiting report. Pipeline repairs complete Increase recycling efforts Promote recycling initiatives and opportunities within the metro area (PW/Comm)Modify-Move to 2021 Increase efficiency of irrigation systems in parks Replace/ repair irrigation systems in parks by replace outdated nozzles and spray heads to increase efficiency. Replace outdated valves and overall irrigation systems. (PRL) Educate the public regarding water availability, conservation and individual responsibilities there to Promote best practices in the Citizen Magazine and on social media (COM)Modify-Move to 2021 Evaluate voluntary lawn sprinkling restrictions; issue educational materials (U/COM)Modify-Move to 2021 Evaluate xeriscaping opportunities in public right-of-way (U/PW) Build solar gardens and encourage energy efficient homes and businesses Create a Sustainability Office within an existing City Department (CMO) Survey completed to understand the range of existing sustainability programs Explore City property tax incentives for solar arrays and/or solar panels (CMO/F)Modify-Move to 2022Page 130 of 471 Neighborhoods Page 131 of 471 Neighborhoods •Laying the foundation for the Neighborhood Resources Program •Upgrading or replacing a minimum of 40 pedestrian ramps per year to work towards compliance with the Americans with Disabilities Act (ADA) Guidelines •Hiring a Neighborhood Resources Coordinator •Establishment of four registered neighborhood groups •Conducting a Next Steps study (incorporated into downtown plan) to assess development and design options for the central portion of the city through supporting CityCenter redevelopment and exploration of a Downtown Development Authority (DDA).Page 132 of 471 Neighborhoods GOAL PROJECT STATUS NOTES Ensure neighbo rs are connected to one another Neighborhood Resources Coordinator work with neighborhood group leaders to organize neighborhood events (COM) Participated in Halloween event. Two registered neighborhoods. Map of registered neighbors for residents to refer to. Lay foundation for the Neighborhood Resources Program (COM)Neighborhood registration opened Promote neighbor-to-neighbor programs like Snow Buddies (COM)Residents will have the opportunity to come together when they reserve the block party trailer of movie screen Ensure walkability Increase Englewood's Walk Score* (CD)Study Session scheduled for January Implement a sidewalk assessment program similar to streets to address "worst first" sidewalk areas; focus on areas around schools and transit (COM) Presentation to Council on January 11, 2021 Upgrade or replace a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA Guidelines (PW)Number of replacements exceeded 40 Complete an assessment of all "missing" sidewalk segments in the City (PW)Planned for Winter, 2020 Implement pilot project to restrict through traffic on certain neighborhood streets to allow for more space for pedestrians & bicyclists (PW)Pending due to workloadPage 133 of 471 Neighborhoods GOAL PROJECT STATUS NOTES Ensure residents feel ownership and connection to law enforcement/code enforcement Neighborhood Resources Coordinator work with neighbors to bring law enforcement/code enforcement officers to neighborhood meetings to educate neighborhood (COM) Plan to walk neighborhoods with Impact Team and hand out coffee and donuts Neighborhood Resources Newsletter will include positive story about law enforcement/code enforcement (COM) Establish Neighborhood Resource Program and Neighborhood Resources Coordinator Hire Neighborhood Resources Coordinator (COM)Completed! Create workplan for 1-3 years (COM)Program goals reflect goals for the next 1-3 years Create program website and resource guide Website completed Establish four registered neighborhood groups (COM)7 created to date Increase National Night Out participating neighborhoods by 15% (COM)Impacted by COVID-19 restrictions Recruit volunteers through paid advertising in Herald, social media, etc. (COM) Create Neighborhood Micro Grant Program (COM) Ensure affordability Continue Energy Efficiency Englewood (E3) and implement Home Repair and Improvement (HRIP) programs (CD) E3 is continuing, with some timing impacts due to COVID-19Page 134 of 471 Neighborhoods GOAL PROJECT STATUS NOTES Work to ensure residents are informed and engaged with their local government Establish Neighborhood Resources Program monthly newsletter (COM) Newsletter emailed the third week of each month to 200 plus recipients. Average open rate is 59% Conduct the Citizens Planning School Spring/Fall (CD) Due to COVID-19, this program is currently suspended. It will resume when safe to do so. Neighborhood Resources Coordinator will communicate city information with neighborhood group leaders (COM) Promote resident volunteerism in neighborhoods Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) Encourage neighborhood groups to plan volunteer days for their neighborhood (COM) Built relationships with city departments and local non-profits Work with City departments to identify Adopt a Spot locations for volunteers to landscape or cleanup or provide additional volunteer opportunities (COM/PRL)Completed for 2020Page 135 of 471 Neighborhoods GOAL PROJECT STATUS NOTES Organize neighborhoods into distinct areas with unique identities Launch social media campaign (COM)All Neighborhood Resource Programs are promoted on social media Recruit Neighborhood Group Leaders (COM)Always recruiting leaders.Currently, have 12 engaged group leaders Setup system for residents to draw their own map of their neighborhood and create name suggestions (COM) Many residents participated in drawing neighborhood boundaries Establish four registered neighborhoods (COM) Two neighborhoods registered- Cushing Neighborhood and Belleview Park Neighborhood Association, and encouraging the other 10 neighborhoods to register Encourage diversity of people and architecture Next Steps study will assess development and design options for the central portion of the city through supporting CityCenter redevelopment and exploration of a downtown development authority (CD) Incorporated into downtown plan Create ad hoc design feedback boards for design input for new construction Incorporate design feedback boards into Title 16 Community Assessment (CD)Slated for removal Page 136 of 471 Transportation Page 137 of 471 Transportation •Initiation of design of Oxford pedestrian bridge •Initiation of design of US 285/Broadway Interchange Reconstruction Project •Initiation of US 285 Congestion Mitigation Study •Construction of Oxford on-street bike lanes project •Initiation of design of Oxford pedestrian bridge Page 138 of 471 Transportation GOAL PROJECT STATUS NOTES Resolve dangerous crossing areas Identify high crash rate locations; implement initial/quick strike initiatives to improve safety/awareness (PW)Will be completed by early December Initiate design of Oxford pedestrian bridge (PW)Approved by CDOT Improve safety and walkability from neighborhoods to parks and schools Develop traffic calming measures to reduce speed in neighborhoods Improve automobile safety and travel times on Broadway, Hampden and Belleview Initiate design of US 285/Broadway Interchange Reconstruction Project (PW) Initiate US 285 Congestion Mitigation Study (PW) First ready a Council on November 2, 2020. Second reading in mid-November Develop a system of non- motorized trails and paths that are safe, separated from vehicular traffic and connect the entire city (short term: paint bike lanes and promote protected bike lanes) Construct Oxford on-street bike lanes project (PW) Initiate design of Oxford pedestrian bridge (PW)Approved by Council on November 2, 2020Page 139 of 471 Transportation GOAL PROJECT STATUS NOTES Develop integrated mobility systems such as bike and pedestrian routes and trails through partnerships with surrounding communities Explore potential partnering opportunities with adjacent communities (PW/CD/PRL)Include in UDC update Increase ridership on RTD transit options in Englewood Create a marketing video for Englewood's RTD services (CD)Need to determine where the organization is moving Include an article regarding transportation options in the Englewood Citizen (CD) In development, but impacted by the ability of RTD to restore budget cuts Develop strong partnerships with RTD to develop a joint strategy to increase ridership on RTD transit modes (CD) Exploring opportunities with RTD, which experienced significant budget cuts due to COVID-19 Page 140 of 471 Governance Page 141 of 471 Governance Upgrade existing network to be secure and resilient.Page 142 of 471 Governance GOAL PROJECT STATUS NOTES Develop an information technology infrastructure-- including hardware, software, people and facilities--that is secure, resilient and adaptable to meet the current and anticipated future needs of the city. Upgrade existing network to be secure and resilient (IT)Entire network updated Design fiber to city facilities (IT)Working to select a vendor. Interviewing the top three candidates Upgrade city's network to be secure and resilient (IT)Duplicate Implementation of Municipal Court System (IT)Go-live date will be in the first part of 2021 Identify and document requirements for asset management system (IT)Working to develop the requirements for systems Implementation/upgrade of security cameras (IT)Completed in certain buildings. Others will be brought on line in subsequent years Manage rebuild of new city website (COM) Implementation of Human Resources & Payroll System (IT) Implementation of Records Management System (IT) (CC) Selection and implementation of permitting and licensing system (IT)Page 143 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brook Bell DEPARTMENT: Community Development DATE: March 15, 2021 SUBJECT: Public Hearing on Vacation of Public Right-of-Way - Alpine Englewood DESCRIPTION: Alpine Englewood Opportunity Business LLC is requesting the vacation of approximately 1,600 square feet of alley right-of-way located between S. Marion St. and S. Lafayette St. just north of E. Hampden Ave. The vacation request is to facilitate the construction of a 118-unit apartment building with structured parking. RECOMMENDATION: Staff recommends that the City Council hear testimony at a Public Hearing on Alpine Englewood Opportunity Business LLC's request for a vacation of public right-of-way, and following the public hearing direct staff to bring forward an Ordinance for First Reading at the April 5, 2021 regular meeting. PREVIOUS COUNCIL ACTION: There has been no previous Council action concerning Alpine Englewood's request for a vacation of public right-of-way. SUMMARY: Alpine Englewood Opportunity Business LLC is requesting the vacation of approximately 1,600 square feet of alley right-of-way located between S. Marion St. and S. Lafayette St. just north of E. Hampden Ave. The vacation request is to facilitate the construction of a 118-unit apartment building with structured parking. In conjunction with the vacation request, Alpine Englewood Opportunity Business LLC is proposing a 25-foot wide transportation and utility easement dedication to the City of Englewood. The transportation and utility easement will allow vehicles to access the remaining portion of the alley and S. Marion St. The transportation and utility easement will also allow for the conveyance of both public and private utilities. At the February 17, 2021 Planning and Zoning Commission regular meeting, staff and representatives from Alpine Englewood Opportunity Business LLC presented the vacation of right-of-way requests. Staff and Alpine answered questions from the Commission regarding the vacation request. The Commission then moved and seconded a motion to recommend that City Council approve the vacation of approximately 1,600 square feet of alley right-of-way located between S. Marion St. and S. Lafayette St. just north of E. Hampden Ave. The motion carried unanimously with 7 for and 0 against. The Minutes from the February 17, 2020 Planning and Zoning Commission regular meeting are attached. Page 144 of 471 ANALYSIS: HISTORY: In June of 2020, Alpine Englewood Opportunity Business LLC proposed a redevelopment project at the former Bullock Mortuary site and the associated parking lot at 1375 E. Hampden Ave., as well as the two residences north of the mortuary. At the time, the proposed redevelopment project included construction of a 6 story, 137-unit apartment building with a combination of studio, one bedroom, and two bedroom units, and a structured parking garage containing 169 spaces or 1.23 spaces/unit. The site is located partially in the M-1 zone district and partially in the M-2 zone district. Multi-unit apartments are a permitted use by right in both the M-1 and M-2 zone districts. After the initial Development Review Team meeting, Community Development staff provided the applicant with review comments related to parking, building setbacks, and landscaping. Based on staff comments, the applicant reduced the total number of units to 118 and increased the total amount of parking spaces to 189, or 1.6 spaces/unit. In addition to reducing the number of units and increasing the number of parking spaces, the applicant also revised the design to provide an enhanced streetscape and increased building setbacks. The setbacks were increased by approximately 4.5 feet on E. Hampden Ave., 4 feet on S. Lafayette St., and 1 foot on S. Marion St. This allowed for an enhanced pedestrian friendly streetscape with detached walks on all street frontages. Additionally the majority of the ground floor units have direct patios or direct access to the street. Conceptual plans and renderings of the project are attached. To accommodate the Project described above, the applicant is requesting the vacation of approximately 1,600 square feet of alley right-of-way. The applicant owns the property on both sides of the portion of the alley that is the subject of this vacation request. The applicant is requesting that the alley right-of-way be vacated and distributed back to the current property owners (the applicant). In addition to the alley vacation request, the applicant is proposing the dedication of a 25-foot wide by 141-foot long (3,525 square feet) transportation and utility easement to the City of Englewood. The proposed easement will maintain vehicular access to the existing alley and allow for the conveyance of both public and private utilities. Exhibits and legal descriptions depicting the alley vacation request and proposed easement dedication are attached. STAFF & UTILITY PROVIDER REVIEW: The alley vacation request was reviewed by seven City of Englewood departments and divisions, including Community Development, Building, Fire, Traffic, Engineering, Utilities, and Wastewater Treatment. None of these departments or divisions had any objections to the vacation request. Community Development, Engineering, and Utilities also reviewed the proposed transportation and utility easement dedication and concurred with the proposed dedication. The City of Englewood no longer has any public interest in the alley right-of-way. The alley vacation request was also reviewed by dry utility providers including Century Link, Comcast, and Xcel Energy. The dry utility companies provided clearance letters with no objection to the vacation request (see attached). Xcel Energy has requested that their existing gas and electrical facilities remain operational until they have been relocated. The applicant has indicated that Xcel and Century Link have already provided design drawings to reroute their respective facilities. If the alley vacation is approved, it will accommodate the "L"-shaped building configuration shown on the plans. This creates one contiguous building rather than two separate buildings. Page 145 of 471 One advantage to this configuration is that the parking garage can be accessed by all the units without having to go down to the ground floor or exit the building. Also, by having one contiguous building, it allows the parking garage to be hidden behind the apartment building and out of sight from the Lafayette, Hampden, and Marion frontages. If one contiguous building cannot be achieved, it is unclear how a separate building/parking garage configuration could be designed effectively and how it would relate to the street. COUNCIL REVIEW STANDARD: 1. That due and legal notice of the public hearing was given on March 4, 2021, upon the City’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of the southern 100 feet of the alley between the 3400 block of S. Marion St. and S. Lafayette St., and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. FINANCIAL IMPLICATIONS: The $36.5 million Alpine Englewood development project will provide the following financial benefits to the city including: • A one-time payment to the city of approximately $897,000 in Building Permit and UseTax Fees. • A one-time payment to the city of approximately $44,000 to the Park Fee-in-Lieu Fund. • Approximately $25,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The Alpine Englewood Opportunity Business LLC proposed redevelopment plan would address the following Strategic Plan Outcomes: Neighborhoods The Alpine Englewood Opportunity Business LLC proposed redevelopment plan will activate the eastern edge of the Medical District neighborhood and provide a gateway to the E. Hampden Ave. corridor. The location and configuration of the building and associated parking garage include increased building setbacks that allow for an enhanced pedestrian friendly streetscape with detached walks on all street frontages. Many of the ground floor units have patios or direct access to the street which brings a human scale to the project. Local Economy The proposed 118-unit apartment building includes 18 studio, 56 one bedroom, and 44 two bedroom units ranging from 521 to 1,063 square feet. The prevalence of smaller unit sizes is more affordable and provides additional housing choices for nearby employment centers. The additional residents will increase the viability of existing and future retail and commercial development along the E. Hampden Ave. corridor. ATTACHMENTS: Alpine Letter of Intent to Vacate Existing Property ALTA Survey Minor Subdivision with Building Footprint Conceptual Plans Page 146 of 471 Conceptual Renderings Alley Vacation Exhibit with Legal Description Transportation and Utility Easement Exhibit with Legal Description Comcast Clearance Letter Century Link Clearance Letter Xcel Clearance Letter Planning and Zoning Commission Minutes February 17, 2021 Staff PowerPoint Applicant PowerPoint Page 147 of 471 Page 1 of 3 Alpine Englewood Opportunity Business, LLC December 28, 2020 Community Development Department Mr. Brook Bell, Senior Planner, AICP 1000 Englewood Parkway Englewood, CO 80110 RE: Consolidation and Subdivision of Evanston Broadway Addition Filing 2 Alley Right-Of-Way Vacation Utility and Vehicular Easements Alpine Englewood Opportunity Business, LLC (“Alpine”) is submitting this request for the Vacation of Alley Right-Of-Way and Utility and Vehicular Easements for the multifamily redevelopment project generally located at 1375 E Hampden Ave. (“The Project”). The following are provided for your review, distribution, and comment: • Letter of Intent (this letter) • Existing Alley Right-Of-Way Alta • Proposed Right-Of-Way Vacation and Overlay Exhibits • Proposed Utility and Vehicular Easements Legal and Exhibits • Traffic Impact Study (Including Trip Generation Study) • Utility and Service Provider Letters (Comcast, CenturyLink, Xcel, Waste Connections of Colorado) • 3D Renderings and Floor Plans • Preliminary Utility Plan The proposed Consolidation and Subdivision affect 1375 E Hampden Ave, 3498 S Marion St., and 3475 S Lafayette St. and a portion of the Alley Right-Of-Way commencing on S Lafayette St. and terminating at E Hampden Ave (“The Site”). The subject properties are further described as Lots 21-32 Block 50 Evanstons Broadway Addition, County of Arapahoe, State of Colorado. The proposed Alley Right-Of-Way Vacation is located at the Southern portion Alley Right-Of-Way adjacent to Lots 21-28. The Alley is oriented North to South and is approximately 99.90 feet in length and 16.00 feet in width: totaling approximately 1,598.40 square feet. (Please see Exhibit 3 for proposed Alley legal description and layout) The proposed utility and vehicular easements are located within Lot 21 and a portion of the above referenced Alley Right-Of-Way Vacation. The proposed Vehicular and Utility Easements are approximately 140.98 feet in length and 24.97 feet in width: totaling an approximately 3,520.27 square feet. (Please see Exhibit 3 for proposed Alley legal description and layout) Page 148 of 471 Page 149 of 471 3.7'29.0' 29.2' 29.0'3.0'2.8'7.6' 0.3'15.7'6.4' 6.4'2.6'60.00'4.00'4.00' LEGEND ALTA/NSPS LAND TITLE SURVEY OF LOTS 21 THROUGH 32, BLOCK 50, EVANSTON BROADWAY ADDITION, LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., COUNTY OF ARAPAHOE, STATE OF COLORADO E HAMPDEN AVE (R.O.W. VARIES) (M) (R) MILTI-LEVEL COMMERCIAL BUILDING LOT 19 COV'D PREPARED FOR: 3000 LAWRENCE ST, STE#111 O: 303.668.7540 F: 928.962.3123DENVER, CO 80205 VICINITY MAP SCALE 1"=1000' 2 STORY FRAME 1 STORY HOUSE 1 STORY HOUSE GARAGE S LAFAYETTE ST(60' R.O.W.)S MARION ST(60' R.O.W.)LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 28 PART OF LOT 29 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 BLOCK 50EVANSTON BROADWAYADDITIONPART OF LOT 30 PART OF LOT 29 COV'DCOV'DCOV'D16' ALLEYPARCEL 5 PARCEL 1 PARCEL 4 PARCEL 3 PARCEL 2 25' ALLEY (B.683, P.328)Page 150 of 471 24.97'60.00'4.00'4.00'24.97'140.98' LEGEND EVANSTON BROADWAY ADDITION FILING 2 BEING PART OF BLOCK 50, EVANSTON BROADWAY ADDITION, LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., COUNTY OF ARAPAHOE, STATE OF COLORADO E HAMPDEN AVE (R.O.W. VARIES) (M) (R) LOT 19 VICINITY MAP SCALE 1"=1000'S LAFAYETTE ST(60' R.O.W.)S MARION ST(60' R.O.W.)LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 PART OF LOT 29 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 BLOCK 50EVANSTON BROADWAYADDITIONPART OF LOT 30 PART OF LOT 29 16' ALLEYLOT 1 25' ALLEY (B.683, P.328) LOT 27 LOT 28 PRELIMINARY FOR REVIEW Page 151 of 471 Page 152 of 471 Page 153 of 471 Page 154 of 471 Page 155 of 471 Page 156 of 471 Page 157 of 471 Page 158 of 471 ALLEY VACATION EXHIBIT LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 1 OF 3 PRELIMINARY FOR REVIEW Page 159 of 471 ALLEY VACATION EXHIBIT LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 2 OF 3 LOT 24BLOCK 50EVANSTON BROADWAYADDITIONLOT 23 LOT 22 LOT 21 LOT 27 LOT 28 LOT 26 LOT 25 LOT 29 LOT 30 LOT 31 LOT 32 LOT 19 LOT 18 LOT 17 E HAMPDEN AVE (R.O.W. VARIES)S LAFAYETTE ST(60' R.O.W.)S MARION ST(60' R.O.W.)PRELIMINARY FOR REVIEW 124.94' Page 160 of 471 ALLEY VACATION EXHIBIT LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 3 OF 3 PRELIMINARY FOR REVIEW Page 161 of 471 VEHICULAR AND UTILITY EASEMENT EXHIBIT LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 1 OF 3 PRELIMINARY FOR REVIEW Page 162 of 471 74.90'VEHICULAR AND UTILITY EASEMENT EXHIBIT LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 2 OF 3 LOT 24BLOCK 50EVANSTON BROADWAYADDITIONLOT 23 LOT 22 PART OF LOT 21 LOT 27 LOT 28 LOT 26 LOT 25 LOT 29 LOT 30 LOT 31 LOT 32 LOT 18 LOT 17 E HAMPDEN AVE (R.O.W. VARIES)S LAFAYETTE ST(60' R.O.W.)S MARION ST(60' R.O.W.)PRELIMINARY FOR REVIEW Page 163 of 471 VEHICULAR AND UTILITY EASEMENT EXHIBIT LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 3 OF 3 PRELIMINARY FOR REVIEW Page 164 of 471 November, 27th, 2020 City of Englewood Subject: Letter of No Objection – Easement Vacation, 1375 E Hampden Ave. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 1375 E Hampden Ave. the vacation of the alley will be approved contingent on the design, payment, and relocation of all overhead lines. Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Marion St and Lafayette St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Page 165 of 471 Page 166 of 471 Page 167 of 471 Page 168 of 471 Page 169 of 471 MINUTES Planning and Zoning Commission Meeting Wednesday, February 17, 2021 COMMISSIONERS PRESENT: Cate Townley Michele Austin Judy Browne Kate Fuller Noel Atkins Colin Haggerty Meg Donaldson COMMISSIONERS ABSENT: Carl Adams Diane Lipovsky STAFF PRESENT: Brook Bell, Senior Planner Konad Krori, Engineer IV Tyler Trojan, Engineer II Dugan Comer, Deputy City Attorney GUESTS: David Pietsch, Alpine Englewood Opportunity Business, LLC Harsh Parikh, Parikh Stevens Architects Maddi Alavi, Parikh Stevens Architects Ryan Van Horn, Van Horn Development Management 1. Call to Order The meeting was called to order at 7:05 pm by Chair Austin. 2. Approval of Minutes Approval of February 2, 2021 Minutes Moved by Member Colin Haggerty Seconded by Member Kate Fuller MOTION TO APPROVE THE FEBRUARY 2, 2021 MINUTES. For Against Abstained Cate Townley x Michele Austin x Kate Fuller (Seconded By) x Noel Atkins x Colin Haggerty (Moved By) x Meg Donaldson x Page 170 of 471 Planning and Zoning Commission February 17, 2021 5 0 1 Motion CARRIED. 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Case 2020-30 1375 East Hampden Avenue Vacation of Right-of-Way Staff: Brook Bell, Senior Planner Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CITY COUNCIL APPROVE THE REQUESTED ALLEY VACATION AND PROPOSED DEDICATION OF A TRANSPORTATION AND UTILITY EASEMENT. For Against Abstained Cate Townley (Seconded By) x Michele Austin x Judy Browne x Kate Fuller x Noel Atkins x Colin Haggerty (Moved By) x Meg Donaldson x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 8:35 pm. Nancy Fenton, Staff Liaison Page 171 of 471 Public Hearing on Request for Vacation of Alley Right-of-Way –Alpine Englewood1375 E. Hampden Ave.Brook Bell – Senior Planner, Community Development Department Page 172 of 471 Page 173 of 471 • Alpine Englewood Opportunity Business LLC is requesting the vacation of approximately 1,600 square feet of alley right-of-way located between S. Marion St. and S. Lafayette St. just north of E. Hampden Ave.• The requested vacation would facilitate construction of a 118 unit apartment building with structured parking.• Applicant proposes dedication of a 25-foot wide transportation and utility easement to the City of Englewood to allow vehicles to access the remaining portion of the alley.• The transportation and utility easement would also allow for the conveyance of both public and private utilities.Vacation of Alley Right-of-Way – 1375 E. Hampden Ave. Page 174 of 471 Page 175 of 471 • Initial DRT submittal was for 6 story, 137-unit apartment building with combination of studio, 1 bedroom, and 2 bedroom units, and structured parking garage of 169 spaces or 1.23 spaces/unit.• Multi-unit apartments are a use by right in both the M-1 and M-2 zone districts.• Community Development staff provided the applicant with review comments related to parking, building setbacks, and landscaping. • Based on staff comments, the applicant reduced the total number of units to 118 and increased the amount of parking spaces to 189 or 1.6 spaces/ unit. Vacation of Alley Right-of-Way – 1375 E. Hampden Ave. Page 176 of 471 • Applicant also revised the design to provide an enhanced streetscape and increased building setbacks. • The setbacks increased by approximately 4.5’ on E. Hampden Ave., 4’ on S. Lafayette St., and 1’ on S. Marion St.• Provides pedestrian friendly streetscape with a detached walk on all frontages.• Majority of the ground floor units have patios or direct access to the street. Vacation of Alley Right-of-Way – 1375 E. Hampden Ave. Page 177 of 471 Page 178 of 471 • The proposed "L" building configuration creates one contiguous building rather than two separate buildings.• Advantage to this configuration is that parking garage may be accessed by all the units without having to go down to the ground floor or exit building.• One contiguous building allows parking garage to be hidden behind the apartment building and out of sight from the street frontages.• It’s unclear what a separate building/parking garage configuration would look like and how it would relate to the street.Vacation of Alley Right-of-Way – 1375 E. Hampden Ave. Page 179 of 471 Page 180 of 471 Page 181 of 471 Page 182 of 471 • Alley vacation request was reviewed by seven departments: Community Development, Building, Fire, Traffic, Engineering, Utilities, and Wastewater.• No department or division had any objections to the vacation request or proposed easement. The City of Englewood no longer has any public interest in the alley right-of-way.• Applicant provided clearance letters from the dry utility providers Century Link, Comcast, and Xcel with no objection to the alley vacation request.• Xcel requested that their existing gas and electrical facilities remain operational with access to them until they have been relocated.Vacation of Alley Right-of-Way – 1375 E. Hampden Ave. Page 183 of 471 Page 184 of 471 • Summary: The applicant is requesting that this alley right-of-way be vacated and distributed back to the current property owners (the applicant).• The applicant owns the property on both sides of the portion of the alley that is the subject of this vacation request.• Applicant is proposing the dedication of a 25-foot wide transportation and utility easement to the City of Englewood.• Staff recommends the Planning and Zoning Commission recommend that City Council approve the requested alley vacation and proposed dedication of a transportation and utility easement.Vacation of Alley Right-of-Way - 1375 E. Hampden Ave. Page 185 of 471 Page 186 of 471 1375 E HampdenAlley Vacation Application for Englewood DRTPage 187 of 471 Floor PlanPage 188 of 471 Exterior RenderingsPage 189 of 471 L‐out Design Benefits (vs. current)•Improves alley safety and pedestrian experience by removing alley ingress/egress off high‐traffic Hampden Avenue•Greater width of new alley•City does not have to maintain new alley (proposing access easement instead) •Continuity from Marion to Lafayette establishes a Gateway to the City•Improved tax revenue for the City of EnglewoodCB4Page 190 of 471 Slide 4CB4 Fill inChurchill Bunn, 1/15/2021Page 191 of 471 Community Benefits of ProjectoStreet‐level Activation & Pedestrian SafetyIncreased building setbacks60% transparency along Hampden Ave. / 25% transparency along Lafayette St. & Marion St. (only required for projects withRetail) to improve pedestrian experience / safetyoReduced Car DependenceAdjacent to RTD bus stop•Within Walking distance to healthcare facilities for both employees and patients.•Bike tune‐up room for residents & guestsBusiness Center & work pods for residents & guestsoHealth & WellnessFully‐equipped gym w/ accessible equipmentRecreational roof deck and roof lounge for residents & guestsFresh air available in all units (operable windows in all units, balconies in most units and ground‐floor walk‐out units alongall three primary building frontages) Page 192 of 471 Project Benefits to Community (cont’d)oEnergy & SustainabilityExceeds Energy code Requirements•EnergyStar appliances•Energy‐efficient LED lighting•Energy efficient, low‐E double‐pane windows•Preferred parking for electric & hybrid vehicles•Electric vehicle charging stations•Participation in Xcel Energy Design Assistance (EDA) ProgramSustainable landscaping with smart irrigation systemLow Flow Plumbing Fixtures Page 193 of 471 Page 194 of 471 Xcel and Century Link have completed drawings to reroute utilitiesPage 195 of 471 Largest Trash Hauler Truck is 30’ longPage 196 of 471 Page 197 of 471 Questions?Thank youPage 198 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh, Maria D'Andrea DEPARTMENT: Finance, Public Works DATE: March 15, 2021 SUBJECT: CB 09 - First Reading - Ordinance for Stormwater Bond Issuance DESCRIPTION: CB 09 - First reading of an ordinance to allow issuance of Stormwater Enterprise Revenue Bonds RECOMMENDATION: Staff recommends that the City Council approve a Bill for an Ordinance to allow issuance of Stormwater Enterprise Revenue Bonds. PREVIOUS COUNCIL ACTION: Staff has presented related information at several previous Council Study Sessions & Council Meetings including: • January 21, 2020: Storm Water Program Update and Capital Projects Overview • January 27, 2020: Storm Water Utility Rate Study and Revenue Bond Update • February 10, 2020: Storm Water Master Plan Review • March 9, 2020: Storm Water Master Plan for Projects & Programs Prioritization • October 19, 2020 & November 2, 2020: Ordinance to Amend Storm Water Rates • February 22, 2021: Storm Water Program Update • March 1, 2021: Stormwater Bond Issuance Process and Schedule SUMMARY: The city needs to issue stormwater enterprise revenue bonds in order to fund design and construction of various elements (design and construction) of prioritized stormwater projects as well as reimburse the Long-Term Asset Reserve (LTAR) fund for a $3 million loan which was made to the Stormwater Enterprise Fund in 2019. Approval of the ordinance will allow the city to issue bonds in late-May 2021 with funds being received on May 25, 2021. ANALYSIS: City staff, along with the City’s Municipal Advisor have prepared a preliminary schedule for issuing Stormwater Enterprise Revenue Bonds for the purposes of financing several key stormwater projects throughout the City. The anticipated bonds would be secured by net revenues of the City’s Stormwater Enterprise collected by property owners throughout the city. The anticipated transaction will be used to provide approximately $10 million in project funding. Based on current market conditions and investor demand, and similar to the City’s 2017 General Obligation Bonds used to finance the City’s new police facility, the transaction is Page 199 of 471 currently estimated to produce a net issue premium, which may reduce the size of the anticipated transaction while still producing $10 million in project funding. Under current market rates, the proposed transaction would produce approximately $1.8 million in premium, reducing the par amount of the bonds to approximately $8.5 million. However, as interest rates fluctuate on a daily basis, these amounts will change until interest rates are locked on the day of pricing. In order to proceed with the proposed Stormwater Enterprise Revenue Bond transaction, and similar to the process for the City’s Series 2017 General Obligation Bonds, City Council will need to adopt a Bond Ordinance for the transaction. The Bond Ordinance will set not-to-exceed maximum parameters approved by City Council, allow City staff to proceed in selling the proposed bonds without having to return to City Council or set a special meeting on the day of pricing, including locking the final interest rates and par amounts for the proposed bonds. As is described by the City Charter, City Council must have two readings of the bond ordinance before approving the ordinance. City staff has included a proposed timeline of the anticipated transaction that includes both dates for City Council reading of the ordinance in the discussion materials. As shown in the timeline, the first reading of the ordinance is coming before City Council for consideration this evening, March 15, 2021. The second reading and approval of the Bond Ordinance would be on April 5, 2021. If approved, pricing would occur on May 12, and funds would be delivered on May 25, 2021. FINANCIAL IMPLICATIONS: Project funding will be utilized for the following projects & efforts: Project Effort Amount South Englewood Stormwater Project (also referred to as S1 & S2) Design services including plan & specification preparation $1,200,000 Project S3a & S3b Construction $3,300,000 Hospital Project Design and Construction $2,500,000 LTAR Loan Re-payment $3,000,000 Total $10,000,000 The preliminary totals for Sources and Uses are summarized below: Sources: Par amount $8,445,000.00 Premium $1,827,393.45 Total $10,272,393.45 Uses: Project Fund $10,000,000.00 Cost of Issuance $153,282.57 Underwriter's Discount $33,780.00 Bond Insurance $85,330.88 Total $10,272,393.45 Page 200 of 471 It is anticipated that another bond issuance may occur in the spring of 2022 to fund construction of the South Englewood Stormwater project. That project is currently estimated to cost approximately $20 million to construct. The amount of the anticipated transaction is dependent on the outcome of the FEMA grant, which, if received, would likely reduce the amount of the second bond issuance. However, other projects might also be considered for completion with additional bond proceeds. Also, as an alternative financing mechanism, staff is also still working with the Colorado Water Resources and Power Development Authority (CWRPDA) and the Colorado Department of Public Health and Environment (CDPHE) to evaluate the eligibility of a loan from CWRPDA, which would likely provide a lower interest rate than the City would receive if issuing Stormwater Enterprise Revenue Bonds on its own. CONNECTION TO STRATEGIC PLAN: Infrastructure-Reduce the number of structures at risk of flooding in a 25-year storm event by 20%. ALTERNATIVES: CONCLUSION: Staff recommends that the City Council approve a Bill for an Ordinance to allow issuance of Stormwater Enterprise Revenue Bonds. ATTACHMENTS: Council Bill #09 Presentation Page 201 of 471 4832-0593-0462.3 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 09 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, ACTING BY AND THROUGH ITS STORM WATER ENTERPRISE, AUTHORIZING THE ISSUANCE OF STORM WATER ENTERPRISE REVENUE BONDS, SERIES 2021, FOR THE PURPOSE OF FINANCING CAPITAL IMPROVEMENTS FOR USE IN ITS STORM WATER ENTERPRISE; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE OPERATION OF THE STORM WATER SYSTEM; AND PROVIDING OTHER DETAILS AND APPROVING DOCUMENTS IN CONNECTION WITH THE BONDS. WHEREAS, the City of Englewood, Colorado is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unless otherwise indicated, capitalized terms used in this preamble shall have the meanings set forth in Section 1 of this Ordinance); WHEREAS, as established by City Ordinance No. 20, Series of 1993 and codified in Title 12, Chapter 5 of the City of Englewood Municipal Code 2000, the City has established its Storm Water Enterprise; WHEREAS, the financial activities of the Storm Water Enterprise are accounted for in the Storm Water Drainage Fund; WHEREAS, as provided in Section 12-5-3(A) of the City of Englewood Municipal Code 2000 there is imposed on every lot or parcel of land within the City a storm drainage service charge which is reviewed annually and set from time to time by ordinance of the City; WHEREAS, the Storm Water Enterprise constitutes a “water activity enterprise” within the meaning of the Title 37, Article 45.1, C.R.S., and a government owned business which is authorized to issue its own revenue bonds and which receives under 10% of annual revenue in grants from all Colorado state and local governments combined; WHEREAS, pursuant to Section 105 of the Charter the City may issue revenue bonds as provided for municipalities by State statute and revenue bonds for a storm water enterprise are permitted under Title 31, Article 35, Part 4, C.R.S. and Title 37, Article 45.1, C.R.S.; Page 202 of 471 2 4832-0593-0462.3 WHEREAS, in September of 2018, the City contracted with Calibre Engineering to perform a Storm W ater Analysis and Alternatives Feasibility Study, significant elements of which have been completed and presented to the City Council in a flood -prone study; WHEREAS, the Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado, as municipal advisor to the City, has assisted the City in the process of requesting proposals for the selection of an underwriter for the City’s issuance Storm Water Enterprise Revenue Bonds, Series 2021, and the City Council has determined that it is in the best interests of the City, and the residents thereof, that Storm Water Enterprise Revenue Bonds, Series 2021 be sold by negotiated sale and issued to finance the Project; WHEREAS, prior to the final reading of this Ordinance the City will have received and there will be available to the members of the City Council, forms of the Preliminary Official Statement, the Bond Purchase Agreement and the Paying Agent Agreement; and WHEREAS, the City Council desires to authorize the issuance and sale of the Bonds and, as provided in Title 11, Article 57, Part 2, C.R.S., delegate authority to the Sale Delegate to make certain determinations regarding the Bonds to be set forth in the Sale Certificate in accordance with the provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Definitions. The following terms shall have the following meanings as used in this Ordinance: “Bank” means UMB Bank, n.a., a national banking association duly organized and existing under the laws of the United States of America or such other financial institution selected by the City which has full and complete trust powers and is a qualified institution under the Public Deposit Protection Act of the State. “Bond Account” means a special account of the City designated as the “Storm Water Enterprise 2021 Bond Account,” created by this Ordinance for the purpose of paying the principal of, premium if any, and interest on the Bonds, including the Interest Subaccount and the Principal Subaccount. “Bond Counsel” means (a) as of the date of issuance of the Bonds, Kutak Rock LLP, and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds. “Bond Insurance Policy” means the financial guaranty insurance policy issued by the Bond Insurer pursuant to the Commitment, if any, insuring the payment when due of the principal and interest on the Bonds as provided therein. “Bond Insurer” means the financial guaranty insurance company, if any, identified in the Sale Certificate. Page 203 of 471 3 4832-0593-0462.3 “Bond Obligation” means, as of any date, the principal amount of the Bonds outstanding as of such date. “Bond Purchase Agreement” means the Bond Purchase Agreement, pursuant to which the City is to agree to sell and the Underwriter is to agree to purchase the Bonds at the prices and on the terms set forth therein. “Bonds” and “Series 2021 Bonds” means the Bonds authorized by the Section hereof titled “Authorization and Purpose of Bonds.” “Business Day” means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. “Call Date” means the date or dates on which the Bonds shall be eligible for optional redemption by the City prior to maturity, as established in the Sale Certificate. “Capital Improvements” means the acquisition of land, easements, facilities and equipment (other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments and extensions, for use by or in connection with the Storm W ater System which, under Generally Accepted Accounting Principles for governmental units as prescribed by the Governmental Account Standards Board, are properly chargeable as capital items. “Certified Public Accountant” means an independent certified public accountant within the meaning of § 12-2-115, C.R.S., and any amendment thereto, licensed to practice in the State of Colorado. “Charter” means the home rule Charter of the City. “City” means the City of Englewood, Colorado, acting by and through its Storm Water Enterprise. “Code” means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Bon ds or the use of proceeds thereof, unless the context clearly requires otherwise. “Combined Maximum Annual Principal and Interest Requirements” means, with respect to the Bonds or an issue of Parity Lien Bonds for which such term is used, an amount equal to the maximum amount required to be paid in any single current or future calendar year as the principal of (including any mandatory sinking fund requirements) and interest on outstanding Bonds or Parity Lien Bonds, respectively, excluding any such bonds which have been defeased pursuant to the terms of the authorizing documents. “Commitment” means that certain written offer, if any, from the Bond Insurer to issue the Policy and generally designated as the Commitment. Page 204 of 471 4 4832-0593-0462.3 “City Council” means the Englewood City Council. “County” means Arapahoe County, Colorado. “C.R.S.” means the Colorado Revised Statutes, as amended and supplemented as of the date hereof. “Dated Date” means the original dated date for the Bonds as established in the Sale Certificate. “Defeasance Securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct, noncallable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of pri ncipal and interest by the United States of America, to the extent such investments are Permitted Investments. “DTC” means The Depository Trust Company, New York, New York, and its successors in interest and assigns. “DTC Blanket Letter of Representations” means the letter of representations from the City to DTC to induce DTC to act as securities depository for the Bonds. “Enabling Laws” means the Charter; Title 12, Chapter 5 of the City of Englewood Municipal Code 2000; Title 37, Article 45.1, C.R.S.; Title 31, Article 35, Part 4, C.R.S.; and Title 11, Article 57, Part 2, C.R.S. “Event of Default” means any of the events specified in the Section hereof titled “Events of Default.” “Fiscal Year” means the 12 months commencing January 1 of any year and end ing December 31 of said year. “Gross Revenue” means all income and revenues directly or indirectly derived by the City from the operation and use of the Storm Water Enterprise, including without limitation, any rates, fees and charges for the services furn ished by, or the use of, the Storm Water Enterprise, and all income attributable to any past or future dispositions of property or rights or related contracts, settlements or judgments held or obtained in connection with the Storm Water Enterprise or its o perations, and including investment income accruing from moneys held to the credit of the Storm Water Drainage Fund; provided however, that there shall be excluded from Gross Revenue any moneys borrowed and used for providing Capital Improvements; any mone y and securities, and investment income therefrom, in any refunding fund, escrow account or similar account pledged to the payment of any bonds or other obligations; and any moneys received as grants or appropriations from the United States, the State of Colorado or other sources, the use of which is limited or restricted by the grantor or donor to the provision of Capital Improvements or for other purposes resulting in the general unavailability thereof, except to the extent any such moneys shall be received as payments for the use of the Storm Page 205 of 471 5 4832-0593-0462.3 Water System, services rendered thereby, the availability of any such service or the disposal of any commodities therefrom. “Interest Payment Date” means each June 1 and December 1, commencing December 1, 2021, or such other dates as established in the Sale Certificate for payment of interest on the Bonds. “Interest Subaccount” means a subaccount of the Bond Account reaffirmed by the provisions hereof for the purpose of paying the interest on the Bonds. “Net Revenue” means the Gross Revenue after deducting the Operation and Maintenance Expenses. “Official Statement” means the final Official Statement relating to the Bonds. “Operation and Maintenance Expenses” means all reasonable and necessary current expenses of the City, paid or accrued, for operating, maintaining and repairing the Storm Water System, including without limitation legal and overhead expenses of the City directly related to the administration of the Storm Water Enterprise, insurance premiums, audits, charges of depository banks and paying agents, professional services, salaries and administrative expenses, labor and the cost of materials and supplies for current operation; provided however, that there shall be excluded from Operation and Maintenance Expenses any allowance for depreciation, payments in lieu of taxes or franchise fees, legal liabilities not based on contract, expenses incurred in connection with Capital Improvements, payments due in connection with any bonds or other obligations, and charges for the accumulation of reserves. “Ordinance” means this Ordinance, including any amendments or supplements hereto. “Owner” means the Person or Persons in whose name or names a Bond is registered on the registration books maintained by the Paying Agent pursuant hereto. “Parity Lien Bonds” means one or more series of additional bonds, notes, interim securities or other obligations issued by the City pursuant to the Section hereof entitled “Additional Bonds,” having a lien on the Net Revenue which is on a parity with the lien of the Bonds. “Paying Agent” means the Bank and its successors in interest or assigns approved by the City. “Paying Agent Agreement” means an agreement between the City and the Paying Agent concerning the duties and obligations of the Paying Agent with respect to the Bonds. “Permitted Investments” means any investment in which funds of the City may be invested under the Charter and the laws of the State at the time of such investment. Page 206 of 471 6 4832-0593-0462.3 “Person” means a corporation, firm, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. “Preliminary Official Statement” means the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. “Principal Payment Date” means December 1, or such other date or dates of each year as established in the Sale Certificate for payment of principal of the Bonds. “Principal Subaccount” means a subaccount of the Bond Account reaffirmed by the provisions hereof for the purpose of paying the principal of and premium, if any, on the Bonds. “Project” means the construction, acquisition and installation of Capital Improvements to the Storm Water System and such other im provements as determined by the City Council, including all necessary or appropriate appurtenances, property rights and equipment. “Project Account” means the “Storm Water Enterprise 2021 Bond Project Account,” established by the provisions hereof for the purpose of paying the Project Costs. “Project Costs” means the City’s costs properly attributable to the Project or any part thereof and permitted by the provisions of the Enabling Laws, including without limitation: (a) the costs of labor and materials, of machinery, furnishings and equipment, and of the restoration of property damaged or destroyed in connection with construction work; (b) administrative and general overhead costs; (c) the costs of reimbursing funds advanced by the City in anticipation of reimbursement from Bond proceeds, including any intrafund or interfund loan; (d) the costs of surveys, appraisals, plans, designs, specifications and estimates; (e) the costs of issuing the Bonds; and (f) all other lawful costs as determined by the City Manager. “Pro Rata Portion” means when used with respect to a required credit to the Principal Subaccount or the Interest Subaccount, the dollar amoun t derived by dividing the amount of principal or interest to come due on the next Principal Payment Date or Interest Payment Date by the number of monthly credits required to be made prior to such payment date. “Record Date” means, if the Interest Payment Date is on the first day of the month, the fifteenth day of the month immediately preceding the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs and, if the Interest Payment Date is on the fifteenth day of the month, the first day of the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs . “Required Reserve Amount” means the amount, if any, determined by the Sale Delegate and established in the Sale Certificate ; provided however, as of any date on which it is calculated, the Required Reserve Amount shall not exceed the of least of (a) 10% of the principal amount of the outstanding Bonds, (b) the maximum annual debt Page 207 of 471 7 4832-0593-0462.3 service in any calendar year on the outstanding Bonds, or (c) 125% of the average annual debt service on the outstanding Bonds. “Reserve Account” means a special account of the City, if established, designated as the “Storm Water Enterprise 2021 Reserve Account,” created by this Ordinance for the purpose of paying, if necessary, the principal of, premium if any, and interest on the Bonds. “Sale Certificate” means the certificate executed by the Sale Delegate under the authority delegated pursuant to this Ordinance. “Sale Delegate” means the City Manager or, in the event such person is unavailable, the City Finance Director. “State” means the State of Colorado. “Storm Water Drainage Fund” means the Storm Drainage Fund of the City which accounts for the financial activity of the Storm Water Enterprise. “Storm Water Enterprise” means the Storm Water Enterprise as established by City Ordinance No. 20, Series 1993, as said ordinance may be amended from time to time. “Storm Water System” means all storm water facilities of the City, including without limitation interests in real and personal property now owned or hereafter acquired , whether situated within or without the City boundaries and all present or future improvements, extensions, enlargements, betterments, replacements and additions thereto. “Subordinate Lien Bonds” means one or more series of additional bonds, notes, interim securities or other obligations issued by the City pursuant to the Section hereof entitled “Additional Bonds,” having a lien on the Net Revenue which is subordinate or junior to the lien of the Bonds. “Tax Letter of Instructions” means the Tax Letter of Instructions, dated the date on which the Bonds are originally issued and delivered to the City by Bond Counsel, as such instructions may be superseded or amended in accordance with their terms. “Underwriter” means the municipal securities broker-dealer firm selected by the City to underwrite the Bonds on a negotiated sale basis. Section 2. Authorization and Purpose of Bonds. Pursuant to and in accordance with the Enabling Laws, the Englewood City Council hereby authorizes, and directs that there shall be issued, the “Storm Water Enterprise Revenue Bonds, Series 2021” for the purpose of paying the Project Costs. The accomplishment of the Project is hereby authorized, approved and ordered and it is hereby determined that the Bonds mature at such time not exceeding the estimated life of the Project . Page 208 of 471 8 4832-0593-0462.3 Section 3. Bond Details. (a) Registered Form, Denominations, Dated Date and Numbering. The Bonds shall be issued in fully registered form, shall be dated as of th e Dated Date, and shall be registered in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter “R.” (b) Maturity Dates, Principal Amounts and Interest Rates. The Bonds shall mature on the Principal Payment Date of the years and in the principal amounts, and shall bear interest at the rates per annum (calculated based on a 360-day year of twelve 30-day months) set forth in the Sale Certificate. (c) Accrual and Dates of Payment of Interest. Interest on the Bonds shall accrue at the rates set forth in the Sale Certificate from the later of the Dated Date or the latest Interest Payment Date (or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. (d) Delegation for Sales Certificate. The Englewood City Council hereby delegates to the Sale Delegate for a period of one year from the date of adoption of this Ordinance the authority to determine the following terms (which shall be set forth in the Sale Certificate for the Bonds) and any other matters that, in the judgment of the Sale Delegate and not inconsistent with the authority conferred by Enabling Laws and the parameters set forth below, are necessary or convenient to be established in the Sale Certificate: (i) the Dated Date of the Bonds; (ii) the Principal Payment Date; (iii) the Interest Payment Date; (iv) the aggregate principal amount of the Bonds; (v) the price at which the Bonds will be sold pursuant to the Bond Purchase Agreement; (vi) the amount of principal of the Bonds maturing in any p articular year and the respective interest rates borne by the Bonds; (vii) the Call Date and prices at which callable Bonds may be optionally redeemed; Page 209 of 471 9 4832-0593-0462.3 (viii) the principal amounts, if any, of Bonds subject to mandatory sinking fund redemption and the years in which such Bonds will be subject to such redemption; (ix) the existence and amount of any reserve funds; (x) the Maturity Date; and (xi) whether the Bonds will be secured by the Bond Insurance Policy and the terms of any agreement with the Bond Insurer providing the assurance of payment. (e) Sale Parameters. The authority delegated to the Sale Delegate by this Section shall be subject to the following parameters: (i) the aggregate principal amount of the Bonds shall not exceed $10,500,000; (ii) the final maturity of the Bonds shall be no later than December 31, 2051; (iii) the net effective interest rate on the Bonds shall not exceed 3.50%; (iv) the Call Date for the Bonds shall occur no later than the final Principal Payment Date in calendar year 2031; and (v) in the event that the Sale Delegate determines, based upon information provided by the Underwriter, that the lowest acceptable premium bid for issuance of the Bond Insurance Policy is less than the interest cost savings to be realized by the City as a result of the issuance of the Bond Insurance Policy, the Sale Delegate shall accept the Commitment issued by the lowest acceptable bidder and the Bonds, or any maturities thereof, shall be secured by the Bond Insurance Policy issued by such lowest acceptable bidder, who shall be deemed to be the Bond I nsurer hereunder (for purposes of this parameter, the term “lowest acceptable premium bid” means the lowest bid submitted which is not conditioned upon the City’s compliance with conditions deemed unacceptable by the City Manager, and the term “lowest acceptable bidder” means the bidder submitting the lowest acceptable premium bid). (f) Manner and Form of Payment. Principal of each Bond shall be payable to the Owner thereof upon presentation and surrender of such Bond at the principal operations office of the Paying Agent or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of business on the corresponding Record Date; provided that interest payable to any Owner may be Page 210 of 471 10 4832-0593-0462.3 paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the principal of and interest on the Bonds shall be made in lawful money of the United States of America. (g) Book-Entry Registration. Notwithstanding any other provision hereof, the Bonds shall be delivered only in book entry form registered in the name of Cede & Co., as nominee of DTC, acting as securities depository of the Bonds and principal of and interest on the Bonds shall be paid by wire transfer to DTC; provided, however, if at any time the Paying Agent determines, and notifies the City of its determination, that DTC is no longer able to act as, or is no longer satisfactorily performing its duties as, securities depository for the Bonds, the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for DTC and reregister the Bonds as directed by such substitute securities depository; or (ii) terminate the book entry registration system and reregister the Bonds in the names of the beneficial owners thereof provided to it by DTC. Neither the City nor the Paying Agent shall have any liability to DTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds are reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Person for (A) any determination made by the Paying Agent pursuant to the proviso at the end of the immediately preceding sentence or (B) any action taken to implement such determination and the procedures related thereto that is taken pursuant to any direction of or in reliance on any information provided by DTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistered. Section 4. Redemption of Bonds Prior to Maturity. (a) Optional Redemption. The Bonds shall subject to redemption at the option of the City, in whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a maturity on such dates as se t forth in the Sale Certificate. (b) Mandatory Sinking Fund Redemption. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on the Principal Payment Date of the years and in the principal amounts specified in the Sale Certificate, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. (c) Redemption Procedures. Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by electronic means to DTC or its successors, or by first class, postage prepaid mail, not less than thirty days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before Page 211 of 471 11 4832-0593-0462.3 the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. Section 5. Security for the Bonds; Flow of Funds. (a) Pledge of Net Revenues. The Net Revenue is hereby pledged to the payment of the Bonds. The Bonds shall constitute an irrevocable and first lien upon the Net Revenue, but not necessarily an exclusive such lien. In accordance with Section 11-57-208, C.R.S., upon the issuance of the Bonds, the Net Revenues shall immediately be subject to the lien of the pledge stated herein without any physical delivery, filing, or further act. (b) Flow of Funds. Immediately upon the issuance of the Bonds, all Gross Revenue then held by the City shall be credited to the Storm Water Drainage Fund. Thereafter, the City shall credit to the Storm Water Drainage Fund all Gross Revenue immediately upon receipt. The City shall pay from the Storm Water Drainage Fund all Operation and Maintenance Expenses as they become due and payable. After such payment or the allocation of Gross Revenue to such payment, the City shall apply the Net Revenue in the following order of priority: FIRST, to the credit of the Interest Subaccount, the amounts required by the Section hereof entitled “Establishment of Accounts,” and to the credit of any other bond account or subaccount hereafter established for the payment of interest on Parity Lien Bonds issued in accordance with the Section hereof entitled “Additional Bonds”; SECOND, to the credit of the Principal Subaccount, the amounts required by the Section hereof entitled “Establishment of Accounts,” and to the credit of any other bond account or subaccount hereafter established for the payment of the principal of, and premium if any, on Parity Lien Bonds issued in accordance with the Section hereof entitled “Additional Bonds”; THIRD, to the credit of the Reserve Account, the amounts required by the Section hereof entitled “Establishment of Accounts,” and to the credit of any other account hereafter established as a reserve account for Parity Lien Bonds issued in accordance with the Section hereof entitled “Additional Bonds”; FOURTH, to the credit of any other fund or account hereafter established for the payment of the principal of, premium if any, and interest Page 212 of 471 12 4832-0593-0462.3 on Subordinate Lien Bonds, including any sinking fund, reserve fund or similar fund or account established therefor, the amounts required by the ordinance or other enactment authorizing issuance of the Subordinate Lien Bonds; and FIFTH, to the credit of any other fund or account as may be designated by the City, to be used for any lawful purpose, any moneys remaining in the Storm Water Drainage Fund after the payments and accumulations set forth in FIRST through FOURTH hereof. (c) Maintenance of Rates and Coverage. The City hereby covenants that it will establish, maintain, enforce and collect rates, fees and charges for services furnished by or the use of the Storm Water System to create Gross Revenue each Fiscal Year sufficient to pay Operation and Maintenance Expe nses and to create Net Revenue in an amount: (a) equal to not less than 115% of the amount necessary to pay when due the principal of and interest on the Bonds and any Parity Lien Bonds coming due during such Fiscal Year; and (b) to make up any deficiencies in any reserve account established for the payment of the principal of and interest on the Bonds or Parity Lien Bonds. In the event that the Gross Revenue at any time is not sufficient to make such payments, the City shall increase such rates, fees and charges to an extent which will ensure the payments and accumulations required by this Ordinance. (d) Bonds Do Not Constitute a Debt. All of the Bonds, together with the interest thereon and any premium due in connection therewith, shall be payable only out of: (i) the Bond Account; or (ii) if established, the Reserve Account. The Owners may not look to any general or other fund of the City for the payment of the principal of, premium if any, and interest on the Bonds, except the funds and accounts pledged thereto by this Ordinance, and the Bonds shall not constitute a debt or an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation; nor shall they be considered or held to be general obligations of the City. Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in Appendix A hereto with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Bonds are hereby approved and adopted as the covenants, statements, representations and agreements of the City. Although attached as appendices for the convenience of the reader, Appendix A is an integral part of this Ordinance and are incorporated herein as if set forth in full in the body of this Ordinance. Section 7. Execution of Bonds. The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk, all of whom are hereby authorized and directed to prepare Page 213 of 471 13 4832-0593-0462.3 and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimil e signature shall nevertheless be valid and sufficient for all purposes. When the Bonds have been duly executed, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by or titled to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated and delivered hereunder. Section 8. Registration of Bonds in Registration Books Maintained by Paying Agent. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name any Bond shall be registered on such registration book shall be deemed to be the absolute owner thereof for all purposes, whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. Section 9. Transfer and Exchange of Bonds. The Bonds may be transferred or exchanged at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled “Definitions” or at such other office of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate, upon payment by the transferee of a reasonable transfer fee established by the Paying Agent, together with any tax or governmental charge required to b e paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Notwithstanding any other provision hereof, the Paying Agent shall not be required to transfer any Bond (i) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date or (ii) between the Record Date for any Interest Payment Date and such Interest Payment Date. Section 10. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of the Paying Agent: (a) proof of ownership (which shall be shown by the registration books of the Paying Agent); (b) proof of loss, destruction or theft; (c) an indemnity to the City and the Paying Agent with respect to the Bond lost, destroyed or taken; and (d) payment of the cost of preparing and executing the new Bond. Page 214 of 471 14 4832-0593-0462.3 Section 11. Establishment of Accounts. (a) Reaffirmation of Storm Water Drainage Fund. There is hereby reaffirmed the Storm Water Drainage Fund. (b) Bond Account. There is hereby established the Bond Account of the Storm Water Drainage Fund, which shall be maintained by the City in accordance with the provisions of this Ordinance. Moneys in the Bond Account shall be used solely for the purpose of paying the principal of, premium if any, and interest on the Bonds. There shall be deposited with the Paying Agent not less than three Business Days prior to each Interest Payment Date and Principal Payment Date, respectively (i) an amount from the Interest Subaccount which is sufficient to pay the interest on the Bonds due on such Interest Payment Date ; and (ii) an amount from the Principal Subaccount which is sufficient to pay the pri ncipal of and premium, if any, due on the Bonds on such Principal Payment Date. (i) Interest Subaccount. The Interest Subaccount shall be used to pay the interest on Bonds. On or before the last day of each month, commencing in the month next succeeding the date of issuance of the Bonds, the City shall credit to the Interest Subaccount, from the Net Revenue and any interest income to be credited to the Interest Subaccount pursuant to the terms hereof, an amount equal to the Pro Rata Portion of the interest to come due on the Bonds on the next succeeding Interest Payment Date. (ii) Principal Subaccount. The Principal Subaccount shall be used to pay the principal of and premium, if any, on the Bonds. On or before the last day of each month, commencing in the month next succeeding the date of issuance of the Bonds, the City shall credit to the Principal Subaccount, from the Net Revenue and any interest income to be credited to the Principal Subaccount pursuant to the terms hereof, an amount equal to the Pro Rata Portion of the principal coming due on the Bonds on the next succeeding Principal Payment Date. (c) Project Account. There is hereby established the Project Account of the Storm Water Drainage Fund, which shall be maintained by the City in accordance with the provisions of this Ordinance. All moneys credited to the Project Account shall be applied solely to the payment of the Project Costs. Except to the extent otherwise required by the provisions of the Section hereof entitled “Investments”, interest income from the investment or reinvestment of moneys credited to the Project Account shall remain in and become part of the Project Account. Upon the determination of the City Manager that all Project Costs have been paid or are determinable, any balance remaining in the Project Account (less any amounts necessary to pay Project Costs not then due and owing) shall be credited to the Bond Account. Page 215 of 471 15 4832-0593-0462.3 (d) Reserve Account. There is hereby established the Reserve Account of the Storm Water Drainage Fund, which shall be maintained by the City in accordance with the provisions of this Ordinance; provided however, in the event that the Required Reserve Amount is zero and no reserve is required by the Underwriter, no Reserve Account shall be established or required to be maintained by the City. In the event that the Reserve Account is established, m oneys in the Reserve Account shall be used, if necessary, only to prevent a default in the payment of the principal of, premium if any, or interest on the Bonds, and the Reserve Account is hereby pledged to the payment of the Bonds. In the event the amounts credited to the Bond Account are insufficient to pay the principal of, premium if any, or interest on Bonds when due, the City shall transfer from the Reserve Account to the appropriate subaccount or subaccounts of the Bond Account an amount which, when combined with moneys in the subaccount or subaccounts, will be sufficient to make such payments when due. (i) Maintenance of Reserve Account. The Required Reserve Amount shall be funded and maintained in cash or Permitted Investments. The Reserve Account shall be maintained in the amount of the Required Reserve Amount until such time as the amount credited thereto, when combined with moneys in the Bond Account, will be sufficient to pay t he principal of, premium if any, and interest on all of the Bonds, at which time such moneys may be applied for such purpose. If at any time the amount of the Reserve Account is less than the Required Reserve Amount, then the City shall deposit to the Reserve Account from the Net Revenue, amounts sufficient to bring the amount credited to the Reserve Account to the Required Reserve Amount. Such deposits shall be made as soon as possible after such use, but in accordance with and subject to the limitations of the Section hereof entitled “Security for Payment of Bonds; Flow of Funds.” (ii) Valuation and Interest Income. Moneys credited to the Reserve Account which are invested in Permitted Investments shall be valued at fair market value and marked to market at least once per year. Additionally, the investment of moneys credited to the Reserve Account shall be subject to the covenants and provisions of the Section hereof entitled “Federal Income Tax Covenants.” Except to the extent otherwise required by such Section, so long as the amount of the Reserve Account is equal to the Required Reserve Amount, all interest income from the investment or reinvestment of moneys credited to the Reserve Account shall be credited to the Interest Subaccount and/or the Principal Subaccount, as may be determined by the City; provided that if the amount of the Reserve Account is less than the Required Reserve Amount, then such interest income shall be credited to the Reserve Account. The amount on deposit to the Reserve Account sh all never exceed the amount of the Required Reserve Amount. Page 216 of 471 16 4832-0593-0462.3 Section 12. Initial Credit of Bond Proceeds. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to, or as directed by, the Underwriter and the proceeds received by the City from the sale of the Bonds, together with legally available moneys of the City available for such purpose, shall be applied as a supplemental appropriation by the City for the payment of the costs of issuance of the Bonds and for deposit into the Project Account. Section 13. Investments. Moneys on deposit in the Bond Account, the Project Account and the Reserve Account, and any moneys held by the Paying Agent with respect to the Bonds shall be invested in Permitted Investments, provided that the investment of such moneys shall be subject to any applicable restrictions set forth in the Tax Letter of Instructions and in the “Tax Compliance Certificate” or similar certificate delivered by the City in connection with the issuance of the Bonds that describes the City’s expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project. Section 14. Various Findings, Determinations, Declarations and Covenants. The City Council, having been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Owners of the Bonds that: (a) it is in the best interest of the City and its residents that the Bonds be authorized, sold, issued and delivered at the time, in the manner and for the purposes provided in this Ordinance; (b) the issuance of the Bonds will not cause the City to exceed its debt limit under applicable State law; (c) the DTC Blanket Letter of Representations entered into with DTC will govern the book entry registration system for the Bonds; and (d) the issuance of the Bonds and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the Charter, the Colorado Constitution and laws of the State. Section 15. Additional Covenants and Agreements. The City hereby further irrevocably covenants and agrees with each and every Owner that so long as any of the Bonds remain outstanding: (a) Competent Management. The City shall employ competent management personnel for the Storm Water System and will continue to operate and manage the Storm Water System in an efficient and economical manner in accordance with all applicable laws, rules and regulations. (b) Maintenance of Records and Accounts. The City shall keep proper books of record and accounts showing complete and correct entries of all Page 217 of 471 17 4832-0593-0462.3 transactions relating to the funds and accounts referred to herein and in such manner that the Gross Revenue and the Net Revenue may at all times be readily and accurately determined. (c) Alienation of Property. The City will not sell or alienate any of the property constituting any part or all of the Storm Water System in any manner or to any extent as might reduce the security provided for the payment of the Bonds, but the City may sell any portion of such property which shall have been replaced by other similar property of at least equal value, or which shall cease to be necessary for the efficient operation of the Storm Water System; provided however, that the proceeds of any such sale of property shall be included as part of the Gross Revenue. (d) Payment for Use and Services. The City will promptly render bills for services furnished by or the use of the Storm Water System, shall use all legal means to assure prompt payment thereof, shall take such action as may be necessary to make delinquent rates, fees and charges of the Storm Water System a lien upon the real property served. (e) Audits. At least once a year in the time and manner provided by law, the City will cause an audit to be performed of the records relating to the revenues and expenditures of the Storm Water System. Such audit may be made part of and included within the general audit of the City, and made at the same time as the general audit. In addition, at least once a year in the time and manner provided by law, the City will cause a budget to be prepared and adopted. Copies of the budget and the audit will be filed and recorded in the places, time and manner provided by law. (f) Insurance. The City will carry such forms of insurance on insurable Storm Water System property as would ordinarily be carried by utilities having similar properties of equal value, such insurance being in such amounts as will protect the Storm Water System and its operation. In the event of any loss or damage to the Storm Water System, or in the event part or all of the Storm Water System is taken by the exercise of a power of eminent domain, the insurance proceeds or the condemnation award shall be used for restoring, replacing or repairing the property lost, damaged or taken, and the remainder thereof, if any, shall be considered as Gross Revenue; provided however, that if the City Council determines that the operation of the Storm Water System and the security for the Bonds will not be adversely affected thereby, the City Council may determine not to restore, replace or repair the property lost, damaged or taken and all of the insurance proceeds or condemnation award shall be considered as Gross Revenue. (g) Surety Bonds. Each City official or other person having custody of any funds derived from the operation of the Storm Water System, or responsible for the handling of such funds, shall be fully bonded at all times, which bond shall be conditioned upon the proper application of said funds. Page 218 of 471 18 4832-0593-0462.3 (h) Enterprise Status. The City has established, and covenants to continue to maintain, the Storm Water System as an “enterprise” within the meaning of Article X, Section 20 of the Colorado Constitution, and as a “water activity enterprise” within the meaning of Title 37, Article 45.1, C.R.S.; provided, however, after calendar year 2021 the City may disqualify the Storm Water System as an “enterprise” in any year in which said disqualification does not materially, adversely affect the enforceability of the covenants made pursuant to this Ordinance. In the event the Storm Water System is disqualified as an enterprise and the enforceability of the covenants made pursuant to this Ordinance are materially, adversely affected, the City covenants to immediately take all actions necessary to (i) qualify the Storm Water System as an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution ; and (ii) permit the enforcement of the covenants made herein. (i) Protection of Security. The City, its officers, agents and employees, shall not take any action in such manner or to such extent as might prejudice the security for the payment of the principal of and interest on the Bonds and any other securities payable from the Net Revenue according to the terms thereof. Section 16. Federal Income Tax Covenants. For purposes of ensuring that the interest on the Bonds is and remains excluded from gross income for federal inco me tax purposes, the City hereby covenants that: (a) Prohibited Actions. The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would cause any Bond to be an “arbitrage bond” within the meaning of Section 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes. (b) Affirmative Actions. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in gross income for f ederal income tax purposes under the Code or any other valid provision of law. In particular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary: (i) gross proceeds of the Bonds and the Project itself will not be used in a manner that will cause the Bonds to be considered “private activity bonds” within the meaning of the Code; (ii) the Bonds are not and will not become directly or indirectly “federally guaranteed”; and (iii) the City will timely file an Internal Revenue Service Form 8038-G with respect to the Bonds, which shall contain the information required to be filed pursuant to Section 149(e) of the Code. (c) Tax Letter of Instructions. The City will comply with the Tax Letter of Instructions delivered to it on the date of issuance of the Bonds, including but Page 219 of 471 19 4832-0593-0462.3 not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Bond proceeds, the use of the Project, the calculations, the deposits, the disbursements, the investments and the retention of records described in the Tax Letter of Instructions; provided that, in the event the Tax Letter of Instructions are superseded or amended by new Tax Letter of Instructions drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. Section 17. Additional Bonds. (a) No Superior Lien Bonds. No bonds, notes, interim securities or other obligations shall be issued payable from the Net Revenue and having a lien thereon which is superior to the lien of the Bonds. (b) Parity Lien Bonds. The City may issue Parity Lien Bonds if: (i) As of the date of issuance of the Parity Lien Bonds the City is in substantial compliance with all of the covenants of this Ordinance; (ii) As of the date of issuance of the Parity Lien Bonds the City is current in the accumulation of all amounts required to be then accumulated in the Bond Account and the Reserve Account, if any; and (iii) For any 12-month period during the 18-month period immediately preceding the date of issuance of such Parity Lien Bonds, the Net Revenue is sufficient to pay an amount representing not less than 125% of (or 1.25 times) the Combined Maximum Annual Principal and Interest Requirements for the outstanding Bonds, outstanding Parity Lien Bonds, if any, and the Parity Lien Bonds proposed to be issued. For purposes of such test, if there has been adopted a schedule of increases in rates, fees and charges during the preceding 18-month period, the Net Revenue may be increased for those months in which such increase was not in effect for the 12-month period in which such calculation is made by adding to the actual revenues for such period an estimated sum equal to 100% of the estimated increase in revenues which would have been realized during said period had such increase been in effect for the entire 12-month period (the requirement set forth in this subparagraph (iii) shall not apply to any Parity Lien Bonds issued for the purpose of refunding less than all of the outstanding Bonds). A written certificate by the City Manager or City Finance Director that the conditions set forth in paragraphs (i), (ii) and (iii) above have been met shall conclusively determine that such conditions have been met in accordance with the terms hereof. Page 220 of 471 20 4832-0593-0462.3 (c) Subordinate Lien Bonds. So long as no Event of Default shall have occurred and be continuing, nothing herein shall prevent the City from issuing Subordinate Lien Bonds. Section 18. Defeasance. Any Bond shall not be deemed to be outstanding hereunder if it shall have been paid and cancelled or if Defeasance Securities shall have been deposited in trust for the payment thereof (whether upon or prior to the maturity of such Bond, but if such Bond is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to give notice of redemption as required by this Ordinance, or such notice shall have been given in accordance with this Ordinance). In computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Defeasance Securities. If less than all the Bonds are to be defeased pursuant to this Section, the City, in its sole discretion, may select which of the Bonds shall be defeased. The sufficiency of the escrow shall be determined by a Certified Public Accountant. Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the Bonds or any portion thereof shall be paid by the Bond Insurer pursuant to the Bond Insurance Policy, the Bonds shall remain outstanding for all purposes, not be defeased or otherwise satisfied and not be considere d paid by the City, and all covenants, agreements and other obligations of the City to the Owners shall continue to exist and shall run to the benefit of the Bond Insurer, and the Bond Insurer shall be subrogated to the rights of such Owners. Section 19. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Bonds when due. (b) Breach or Nonperformance of Duties. Breach by the City of any material covenant set forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of thirty days after receipt by the City Attorney of written notice thereof from the Paying Agent or from the Owners of at least 10% of the aggregate amount of the Bond Obligation, provided that such thirty-day period shall be extended so long as the City has commenced and continues a good faith effort to remedy such breach or failure. (c) Bankruptcy or Receivership. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City’s assets or revenues is entered with the consent or acquiescence of the City or is entered without the consent or acquiescence of the City but is not vacated, discharged or stayed within thirty days after it is entered. Page 221 of 471 21 4832-0593-0462.3 Section 20. Remedies for Events of Default. (a) Remedies. Upon the occurrence and continuance of any Event of Default, the Owners of not less than 25% of the aggregate amount of the Bond Obligation, including, without limitation, a trustee or trustees therefor may proceed against the City to protect and to enforce the rights of the any Owners under this Ordinance by mandamus, injunction or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction: (i) for the payment of interest on any installment of principal of any Bond that was not paid when due at the interest rate borne by such Bond; (ii) for the specific performance of any covenant contained herein; (iii) to enjoin any act that may be unlawful or in violation of any right of any Owner of any Bond; (iv) for any other proper legal or equitable remedy; or (v) any combination of such remedies or as otherwise may be authorized by applicable law; provided, however, that acceleration of any amount not yet due on the Bonds according to their terms shall not be an available remedy. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of Bonds then outstanding. (b) Failure To Pursue Remedies Not a Release; Rights Cumulative. The failure of any Owner of any outstanding Bond to proceed in accordance with subsection (a) of this Section shall not relieve the City of any liability for failure to perform or carry out its duties under this Ordinance. Each right or privilege of any such Owner (or trustee therefor) is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege of such Owner. (c) Rights of the Bond Insurer. To the extent that this Ordinance confers upon or gives or grants to the Bond Insurer any right, remedy or claim under or by reason of this Ordinance, the Bond Insurer is hereby explicitly recognized as being a third-party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Upon the occurrence and continuance of an Event of Default, so long as it is not in default of its obligations under the Bond Insurance Policy, the Bond Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Owners under this Ordinance and pursuant to State law. Section 21. Amendment of Ordinance. (a) Amendments Permitted Without Notice to or Consent of Owners. The City may, without the consent of or notice to the Owners (but so long as it is not in default of its obligations under the Bond Insurance Policy, if any, only after prior written notice to the Bond Insurer), adopt one or more ordinances amending or supplementing this Ordinance (which ordinances shall thereafter become a part hereof) for any one or more or all of the following purposes: (i) to cure any ambiguity or to cure, correct or supplement any defect or inconsistent provision of this Ordinance; Page 222 of 471 22 4832-0593-0462.3 (ii) to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, properties or collateral; (iii) to institute or terminate a book entry registration system for the Bonds or to facilitate the designation of a substitute securities depository with respect to such a system; (iv) to maintain the then existing or to secure a higher rating of the Bonds by any nationally recognized securities rating agency; or (v) to make any other change that does not materially adversely affect the Owners of the Bonds. (b) Amendments Requiring Notice to and Consent of Owners. Except for amendments permitted by subsection (a) of this Section, this Ordinance may only be amended (i) by an ordinance of the City amending or supplementing this Ordinance (which, after the consents required therefor, shall become a part hereof); and (ii) with the written consent of the Owners of at least 66-2/3% of the Bond Obligation; provided that any amendment that makes any of the following changes with respect to any Bond shall not be effective without the written consent of the Owner of such Bond: (A) a change in the maturity of such Bond; (B) a reduction of the interest rate on such Bond; (C) a change in the terms of redemption of such Bond; (D) a delay in the payment of principal of or interest on such Bond; (E) a reduction of the Bond Obligation the consent of the Owners of which is required for an amendment to this Ordinance; or (F) the establishment of a priority or preference for the payment of any amount due with respect to any other Bond over such Bond. For purposes of this subsection (b), so long as the Bond Insurer is not in default of its obligations under the Bond Insurance Policy, the Bond Insurer shall be deemed to be an Owner of the Bonds, and no amendatory or supplemental ordinance may be adopted under this Section without its consent. (c) Procedure for Notifying and Obtaining Consent of Owners. Whenever the consent of an Owner or Owners of Bonds is required under subsection (b) of this Section, the City shall provide such notice by electronic means to DTC or its successors, or by mail to such Owner or Owners at their addresses as set forth in the registration books maintained by the Paying Agent and to the Underwriter, which notice shall briefly describe the proposed amendment and state that a copy of the amendment is on file in the office of the City for inspection. Any consent of a ny Owner of any Bond obtained with respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of sixty days after it is delivered to the City unless another time period is stated for such purpose in the notice mailed pursuant to this subsection. Section 22. Appointment and Duties of Paying Agent. The Paying Agent identified in the Section hereof titled “Definitions” is hereby appointed as paying agent, Page 223 of 471 23 4832-0593-0462.3 registrar and authenticating agent for the Bonds unless and until the City removes it as such and appoints a successor Paying Agent, in which event such successor shall automatically succeed to the duties of the Paying Agent hereunder and its predecessor shall immediately turn over all its records regarding the Bonds to such successor; provided however, that so long as the Bond Insurer is not in default of its obligations under the Bond Insurance Policy, if any, the City may not remove the Paying Agent or Bond Registrar without the consent of the Bond Insurer. The Paying Agent shall agree to perform all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Section 23. Bond Insurance. Upon the recommendation of the Underwriter based upon market conditions and the rating on the Bonds, one or more bond insurers may be requested to submit bids to issue the Bond Insurance Policy. In the event that the Sale Delegate determines, based upon information provided by the Underwriter, that the lowest acceptable premium bid for issuance of the Bond Insurance Policy is less than the interest cost savings to be realized by the City as a result of the issuance of the Bond Insurance Policy, the Sale Delegate shall accept the Commitment issued by the lowest acceptable bidder and the Bonds, in whole or for specific maturities, shall be issued insured by the Bond Insurance Policy issued by such lowest acceptable bidder, who shall be deemed to be the Bond Insurer hereunder. In the event the Sale Delegate determines, based upon information provided by the Underwriter that the lowest acceptable premium bid for the Bond Insurance Policy is more than the interest cost savings to be realized by the City as a result of the issuance of the Bond Insurance Policy, the Bonds shall be issued without bond insurance. If the Bonds, in whole or for specific maturities, are issued insured by the Bond Insurance Policy, the officers and employees of the City are hereby authorized and directed to take all actions necessary to cause the Bond Insurer selected to issue the Bond Insurance Policy in accordance with the Commitment, including without limitation, payment of the premium due in connection therewith and entering into any authorizing agreements. For purposes of this Section, the term “lowest acceptable premium bid” means the lowest bid submitted which is not conditioned upon the City’s compliance with conditions deemed unacceptable by the Sale Delegate, and the term “lowest acceptable bidder” means the bidder submitting the lowest acceptable premium bid. Section 24. Approval of Related Documents. The City Council hereby ratifies and approves the distribution and use in connection with the offering of the Bonds of the Preliminary Official Statement and an Official Statement relating to the Bonds; and for a period of one year following the adoption of this Ordinance, the Sale Delegate is authorized to execute the Sale Certificate and the Bond Purchase Agreement. The appropriate officers and officials of the City are hereby authorized and directed to execute an undertaking to facilitate compliance with Securities and Exchange Commission Rule 15c2-12 (17 C.F.R. § 240.15c2-12), the Paying Agent Agreement, a “Tax Compliance Certificate” or similar certificate describing the City’s expectations regarding the use and investment of proceeds of the Bonds and other moneys, an Internal Revenue Service Form 8038-G with respect to the Bonds, and all other documents and certificates necessary or desirable to effectuate the issuance or administration of the Bonds, the investment of proceeds of the Bonds and the transactions contemplated hereby. Page 224 of 471 24 4832-0593-0462.3 Section 25. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular payment, event or action, if any payment to be made hereunder or any event or action to occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day, such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as if it was made or occurred on the date on which it was originally scheduled to be made or occur. Section 26. Limitation of Actions. In accordance with Section 11-57-212, C.R.S., no legal or equitable action can be brought with respect to any legislat ive acts or proceedings in connection with the authorization of the Bonds more than thirty days after the authorization of such securities. Section 27. Ordinance is Contract with Owners of Bonds and Irrepealable. After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until all amounts due with respect to the Bonds shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the manner provided herein. Section 28. Headings. The headings to the various sections and subsections to this Ordinance have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 29. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose. Section 30. Repeal of Inconsistent Ordinances, Resolutions, Bylaws, Rules and Orders. All ordinances, resolutions, bylaws, rules and orders, or parts thereof, that are inconsistent with or in conflict with this Ordinance, are hereby repealed to the extent of such inconsistency or conflict. Section 31. Ratification of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance, the Enabling Laws or the Charter) by the City Council or by the officers and employees of the City directed toward the issuance of the Bonds for the purposes herein set forth are hereby ratified, approved and confirmed. Section 32. Effective Date. This Ordinance shall take effect thirty days after publication following final passage. Page 225 of 471 25 4832-0593-0462.3 Introduced, read in full, and passed on first reading on the 15th day of March, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of March, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of March, 2021 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of March, 2021. Stephanie Carlile Page 226 of 471 4832-0593-0462.3 APPENDIX A FORM OF BOND UNITED STATES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD, COLORADO Acting By and Through Its STORM WATER ENTERPRISE STORM WATER ENTERPRISE REVENUE BOND, SERIES 2021 No. R __ $__________ Interest Rate Maturity Date Original Dated Date CUSIP _____% ___ REGISTERED OWNER: Cede & Co. Tax Identification Number: 13-2555119 PRINCIPAL SUM: **DOLLARS** The City of Englewood, Colorado, a duly organized and validly existing home -rule municipality of the State of Colorado, for value received, hereby promises to pay to the order of the registered owner named above, or registered assigns, the principal sum stated above on the maturity date stated above, with interest on such principal sum from the original dated date stated above at the interest rate per annum stated above (calculated based on a 360-day year of twelve 30-day months), payable on _________ and _________ of each year, commencing _________. Capitalized terms used but not defined in this bond shall have the meaning assigned to them in the Ordinance of the City authorizing the issuance of the Bonds. The principal of and interest on this bond is payable to the registered owner hereof upon presentation and surrender of this bond at the principal operations office of UMB Bank, n.a., as paying agent, in Denver, Colorado, or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on this bond is payable by check or draft of the Paying Agent mailed on the Interest Payment Date to the registered owner hereof as of the [fifteenth day of the month immediately preceding] [first day of] the month (whether or not such day is a Business Day) in which the Interest Payment Date occurs; provided that, interest payable to the registered owner of this bond may be paid by any other means agreed to by such registered owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required under the Ordinance or increase the costs borne by the City under the Ordinance; provided further, that, so long as Cede & Co. is the registered owner of this bond, the principal of and interest on this bond shall be paid by wire transfer to Cede & Co. Any payment of principal of or interest on this bond that is due on a day that Page 227 of 471 A-2 4832-0593-0462.3 is not a Business Day shall be made on the next succeeding day that is a Business Day with the same effect as if made on the day on which it was originally scheduled to be made. All payments of principal of and interest on this bond shall be made in lawful money of the United States of America. This bond is part of an issue of revenue bonds of the City designated the City of Englewood, Colorado, Storm Water Revenue Bonds, Series 2021, issued in the principal amount of $_________ (the “Bonds”). The Bonds have been issued pursuant to, under the authority of, and in full conformity with, the Charter, the Constitution and the laws of the State, including, in particular, Part 2 of Article 57 of Title 11, Colorado Revised Statutes; and pursuant to an ordinance adopted by the Englewood City Council. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. The principal of, premium if any, and interest on this Bond are payable only out of: (a) a special account designated as the “Bond Account,” into which the City covenants and agrees to deposit, from the revenues derived from the operation of the water facilities comprising the Storm Water Enterprise after deduction of operations and maintenance costs (the “Net Revenue”), amounts sufficient to pay the principal of and interest on the Bonds when the same become due and payable; [and (b) if necessary, a special account designated as the “Reserve Account,”] all as more particularly set forth in the Bond Ordinance. The Bonds shall constitute an irrevocable and first lien upon the Net Revenue, but not necessarily an exclusive such lien. Subject to expressed conditions, obligations in addition to the Bonds of this issue may be issued and made payable from the Net Revenue having a lien thereon subordinate and junior to the lien of the Bonds of this issue or, subject to additional expressed conditions, having a lien on the Net Revenue on a parity with the lien of the Bonds of this issue, in accordance with the provisions of the Bond Ordinance. [The redemption provisions from Section 4 of the Ordinance and the Sale Certificate shall be set forth herein.] Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by electronic means to DTC or its successors, or by sending a copy of such notice by first class, postage prepaid mail, not less than thirty days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redem ption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with the Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which Page 228 of 471 A-3 4832-0593-0462.3 such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name this bond shall be registered on such registration books shall be deemed to be the absolute owner hereof for all purposes, whether or not payment on this bond shall be overdue, and n either the City nor the Paying Agent shall be affected by any notice or other information to the contrary. This bond may be transferred or exchanged at the principal office of the Paying Agent in Denver, Colorado, or at such other office of the Paying Agen t designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonds of other authorized denominations ($5,000 or any integral multiple thereof) of the same maturity and interest rate, upon payment by the transferee of a reasona ble transfer fee established by the Paying Agent, together with any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond du ly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Notwithstanding any other provision of the Ordinance, the Paying Agent shall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date; or (b) between the Record Date for any Interest Payment Date and such Interest Payment Date. The Ordinance may be amended or supplemented from time to time with or without the consent of the registered owners of the Bonds as provided in the Ordinance. It is hereby certified that all conditions, acts and things required by the Charter, the Constitution and laws of the State, including the Act, and the ordinances of the City, to exist, to happen and to be performed, precedent to and in the issuance of this bond, exist, have happened and have been performed, and that neither this bond nor the other bonds of the issue of which this bond is a part exceed any limitations prescribed by the Charter, the Constitution or laws of the State, including the Act, or the ordinances of the City. This bond shall not be entitled to any benefit under the Ordinance, or become valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon. Page 229 of 471 A-4 4832-0593-0462.3 IN WITNESS WHEREOF, the City Council of the City has caused this bond to be executed with the signature of its Mayor and attested by the signature of its City Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the date set forth below. [CITY SEAL] THE CITY OF ENGLEWOOD By Mayor Attest: By City Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the issue described in the within mentioned Ordinance. Dated: UMB BANK, N.A., as Paying Agent By Authorized Signatory [PROVISION REGARDING BOND INSURANCE, IF ANY] Page 230 of 471 A-5 4832-0593-0462.3 APPROVING LEGAL OPINION Set forth below is a true copy of the approving legal opinion of Kutak Rock LLP, delivered on the date on which the Bonds were originally issued: [The form of legal opinion of Bond Counsel shall be set forth here.] I, the undersigned City Clerk of the City of Englewood, Colorado, do hereby certify that the foregoing approving opinion of Kutak Rock LLP, Denver, Colorado, is a true and complete copy of a manually executed and dated copy thereof on file in the official records of the City. By (facsimile signature) City Clerk ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address of Transferee) (Tax Identification or Social Security No.) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. TRANSFER FEE MAY BE REQUIRED Page 231 of 471 Ordinance: Stormwater Enterprise Revenue Bond Issuance By: Maria D’Andrea, Director of Public Works Jackie Loh, Finance Director March 15, 2021 Page 232 of 471 Tax-Exempt Interest Rate Movement 2 AAA MMD Yields Remain Relatively Flat Since Late November 2020 Muni to Treasury Ratios Decline From Their Peak, Recorded in March 2020 10-Year and 30-Year Ratios Since January 2020 Long-End AAA MMD Yields Remain Flat Comparing 2, 10 and 30-Year AAA MMD since January 1, 2020 AAA MMD Summary Statistics2021 MMD Low Overlaps Current MMD, As 2021 Yields Have Remained Flat 10-Year Historical AAA MMD Range vs. Current AAA MMD 5-Year 10-Year 30-Year Current 0.20%0.69%1.34% 2021 Year-to-Date Weekly Change -3 bps -4 bps -4 bps YTD Change -2 bps -3 bps -6 bps High 0.27%0.79%1.47% Low 0.20%0.69%1.34% Average 0.24%0.74%1.41% Year Ending 2020 0.22%0.72%1.40% Since January 1, 2018 High 2.56%2.79%3.46% Low 0.16%0.58%1.27% Average 1.28%1.68%2.35% 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5%Jan-20Feb-20Mar-20Apr-20May-20Jun-20Jul-20Aug-20Sep-20Oct-20Nov-20Dec-20Jan-21Feb-21YieldDate 30-Year MMD 10-Year MMD 2-Year MMD 1.34% 0.69% 0.08% 50 75 100 125 150 Jun-20 Aug-20 Oct-20 Dec-20 Feb-21Percent Date 10-Year Muni to Treasury Ratio 30-Year Muni to Treasury Ratio 10-Year Muni to Treasury Ratio (5-Year) Average: 92.61% 30-Year Muni to Treasury Ratio (5-Year) Average: 99.39% 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29Yield Maturity 10-Year Historical MMD Range Current MMD 2021 MMD High 2021 MMD Low Source: TM3, US Treasury. As of 2/5/2021.Page 233 of 471 New Issue Supply and Demand 3 $0.0 $0.5 $1.0 $1.5 $2.0 $2.5 $3.0 11/23 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/19 1/25 2/1 2/8$ in Billions Week of Tax-Exempt Muni Bond Funds Record 13 Consecutive Weeks of Inflows Recent Weekly Municipal Bond Fund Flows Early 2021 Weekly Supply Remains Near Historically Average Levels Previous 12 Weeks of New Issue Supply and Forecast of Current Week •Supply Figures Begin to Return to the Historical Weekly Average, After 2020 Observed a Majority of Weeks Exceeding The Historical Average –The week of February 8 recorded approximately $9.2 billion of weekly municipal supply. Approximately $3.3 billion,or 35.9%,of the transactions were taxable. –The week of February 15 is forecasted to observe a new issue supply of approximately $5.9 billion.$1.93 billion,or 32.7%,of the anticipated transactions are taxable. –During the second half of 2020,the weekly average supply was $10.2 billion,compared to the historical weekly volume of approximately $7.5 billion. –2021 YTD has recorded a weekly average supply of only $7.4 billion. •Demand Remains Strong Largely Due to Record Inflows –The week of February 8 observed $2.6 billion of net inflows into tax-exempt municipal bond funds,which was the fourth highest weekly net inflow on record –38 of the past 40 weeks have recorded net inflows into tax-exempt muni bond funds,and the four week average remains at an impressive $2.3 billion of net inflows. –During the second half of 2020,tax-exempt muni bond funds experienced net inflows of $33.3 billion,compared to the second half of 2019,which experienced $39.2 billion of net inflows. Source: Lipper, Thomson Reuters, SIFMA, IHS Markit, Bloomberg. As of 2/12/2021. $0 $2 $4 $6 $8 $10 $12 $14 $16 $18 11/23 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/19 1/25 2/1 2/8 2/15$ in BillionsWeek of Non-Taxable Weekly Supply 2020 Weekly Average: $8.8 Billion 2019 Weekly Average: $6.5 Billion 2021 Weekly Average: $7.4 Billion Page 234 of 471 Plan of Finance •Total Funding Needs:$10 million •Term:25 years •Assumed Rating:S&P ‘A’ •Average Annual Debt Service:$540,580 •Total Debt Service:$13,784,775 •True Interest Cost (based on current rates):2.37% •Underwriter’s Discount:$4/bond •Estimated Cost of Issuance:$150,000 •Bond/Disclosure Counsel •Financial Advisor (Stifel) •Rating Agency •Paying Agent •Printer •Assumes the uses of a municipal bond insurance policy •Transaction will be sized to produce $10 million project fund deposit based on current market rates.Accordingly, the size of the transaction will fluctuate as rates increase/decrease. Sources and Uses Sources: Par Amount $8,445,000.00 Premium 1,827,393.45 Total $10,272,393.45 Uses: Project Fund $10,000,000.00 Cost of Issuance 153,282.57 Underwriter’s Discount 33,780.00 Bond Insurance 85,330.88 Total $10,272,393.45 Note:Preliminary and subject to change.Assumed rating of ‘A’with municipal bond insurance policy.Interest rate assumptions are based on current market conditions and similar credits.Actual actual results may differ,and Stifel,as the City’s Municipal Advisor,makes no commitment that the City’s underwriter will underwrite at these levels.Costs of issuance and underwriter's discount are estimates for discussion purposes.Page 235 of 471 Proposed Ordinance •Authorizes the issuance and sale of stormwater revenue bonds, Series 2021 •Delegates authority to the Director of Finance or the City Manager •Describes: •The nature of the obligation •The city’s duties to the bond holders •The city’s rights with respect to the obligation •The security for the obligation •Approves the form of financing-related documents •Preliminary Official Statement (POS) •Bond Purchase Agreement •Paying Agent Agreement •Tax Compliance Certificate •Sets forth the following parameters relating to the bonds: •Maximum Interest Rate •Maximum Final MaturityPage 236 of 471 Proposed Schedule Date Event February 23, 2021 Issue RFP for Underwriting Services March 3, 2021 Draft financial documents and POS distributed March 15, 2021 City Council Meeting –First Reading of Bond Ordinance March 16, 2021 City selects Underwriter March 31, 2021 Submit financial documents to Rating Agency April 2, 2021 Rating call with Standards & Poor April 5, 2021 City Council Meeting –Second Reading of Bond Ordinance April 9, 2021 Receive rating May 4,2021 Post Preliminary Official Statement May 9, 2021 Bond ordinance becomes effective May 12, 2021 Pricing May 19, 2021 Post Final Official Statement May 24, 201 City to sign closing documents May 25, 2021 Closing –City receives funds Note: schedule is subject to change Page 237 of 471 Recommendation •Staff recommends that the City Council approve a Bill for an Ordinance to allow issuance of Stormwater Enterprise Revenue Bonds.Page 238 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: March 15, 2021 SUBJECT: CB 08 - WH PUD Site Development Plan for Winslow Crane, 3001 South Galapago Street DESCRIPTION: CB 08 - WH PUD Site Development Plan for Winslow Crane, 3001 S. Galapago Street RECOMMENDATION: Staff recommends City Council approve an ordinance on the WH PUD Site Development Plan. PREVIOUS COUNCIL ACTION: On March 4, 2013 via Ordinance No. 4, Series of 2012/2013, the WH Planned Unit Development (PUD) was approved by City Council establishing specific zoning uses and site planning criteria for development of the property. A condition of approval was: "Development on any portion of the PUD for any residential use (and not public/institutional, commercial, or industrial uses) shall be subject to site plan review by the Planning and Zoning Commission and review and approval by City Council." A public hearing was held and public testimony received by City Council on February 16, 2021, regarding WH. Investments' proposed PUD Site Development Plan. SUMMARY: The Planned Unit Development approved in 2013 changed the zoning of the property from I-1 and R-2-B to PUD for the 6.12 acre site occupied by the Winslow Construction Company. The PUD permits low, medium, and high density multi-family dwellings as approved uses. WH Investments, LLC proposes to build a 203-unit, multi-family residential development on the parcel at the northwest corner of Galapago Street and Dartmouth Avenue within the confines of the approved PUD District Plan. The proposal excludes several adjacent properties along Galapago Street that are not a part of the PUD and are privately owned. The proposed project includes eight (8), three-story, walk-up apartment buildings with tuck-under private parking garages. In addition, the project proposes to construct three (3), three-story townhome buildings and a centrally located amenity building that will include property leasing space, mail and package rooms, gathering and amenity space, a roof deck and mechanical spaces. Adjacent to the amenity building, a private pool with outdoor patio and gathering spaces will be constructed as well as several other small outdoor amenity spaces. The proposed project will include a mix of studio, one-bedroom, and two-bedroom apartments. Page 239 of 471 The project would also provide a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. The Site Development Plan, as submitted for review, proposes 203 multi-family dwelling units in 12 buildings with 176,529 square feet of residential floor area on site. The applicant has submitted the attached Site Development Plan for review in compliance with the approved PUD District Plan. On December 8, 2020, the Planning and Zoning Commission approved, by motion, to recommend the WH PUD Site Development Plan to City Council for approval with the following conditions: 1. Administrative Approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood rail trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of right-of-way vacation requests for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley. 4. Removal of the existing monolithic rollover curb, gutter and a 3-foot +/- sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with City standards. The requirement includes matching grades from the new back of walk to the existing surface along the entirety of the Galapago Street frontage, including across the properties located outside of the project that have frontage on Galapago. (a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. 5. Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer. 6. Approval of drainage and water quality study. The applicant has provided a written response addressing Council's requests at the February 16, 2021 public hearing for revising the plan to include detached sidewalks and affordable housing. The applicant's response is attached. ANALYSIS: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control of multiple properties or multiple uses. With this application and according to the 2012/2013 Unified Development Code (UDC), Planned Unit Developments could be approved in two phases. A PUD District Plan and Site Development Plan could be approved at separate times but through the same review and public hearing process unless otherwise approved via the PUD District Plan. Neighborhood Meeting Summary: Pursuant to the PUD procedure, the applicant conducted a neighborhood meeting on June 18, 2020 in accordance with the Unified Development Code (UDC) provision requiring that the maximum time between the neighborhood meeting and a public hearing before the Planning and Zoning Commission shall not be more than one hundred Page 240 of 471 eighty (180) days. Notice of the neighborhood meeting was mailed to property owners and occupants of properties within 1,000 feet of the site. Meeting notes from the neighborhood meeting are attached. Permitted Uses: The approved PUD District Plan includes a table of uses listing permitted residential, public/institutional, commercial, medical, office, retail, and industrial uses. The District Plan also contains language stating that all allowed industrial uses shall cease and shall not be grandfathered nor considered legal, non-conforming uses upon the issuance of a Certificate of Occupancy for any residential or commercial use within the PUD, whether or not the property contained within the PUD boundaries has been platted. Architectural Character: The proposed site development plan includes building forms and materials that harmonize and respect neighboring buildings. Building materials exhibit a mix of materials including fiber cement panels and trim, lap siding, faux wood panels, metal awnings and railings and vinyl windows. Portions of the building roof form include flat roof parapets, combined with slopped portions of roof that create varied appearances in roof design. A rooftop deck area is also planned that will offer private outdoor space. Windows, awnings, façade projections and reveals alternate to provide architectural interest. The proposed building type along the Dartmouth Avenue frontage and closest to the single family residences along Galapago, not a part of this PUD, consists of buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. The buildings with more mass and more units are located along the western property line and along the northerly frontage of Galapago (north of Cornell Avenue) where the neighborhood becomes a more mixed use area. Building Height: The maximum building height in the PUD is approved at 75 feet. The tallest of the 12 buildings in the proposed Site Development Plan is 40 feet. Density: The approved density for this site is 45 dwelling units per acre. With 203 dwelling units proposed over 6.12 acres, the proposed density of this project is 33 dwelling units per acre, which complies with the PUD District Plan. Parking: The requirement for parking in the approved District Plan states: "Parking guidelines will be prepared based on future development use and will be submitted with a final site plan and will utilize Title 16 of the Englewood Unified Development Code, UDC, as a basis. Reduction of parking may be proposed for multi-unit dwellings." A June 2020 parking reduction study prepared for the site by Lantz Associates was submitted for review along with a Traffic Generation Analysis and Traffic Impact Study. The Reduction Study and Generation Analysis provided updates to the Traffic Impact Study of 2012 which was reviewed when the PUD District Plan was approved. According the Englewood's UDC, 345 parking spaces would be required for this proposed Site Development Plan. The Site Development Plan provides for 311 (92 garage spaces and 219 surface spaces), 9 of these are accessible spaces per Table 16-6-6.3 of the UDC. The difference represents a 10% reduction in the number of parking spaces. Additionally, there will be four loading zone spaces that will accommodate a 35-foot vehicle. Page 241 of 471 The Englewood Traffic Engineer has reviewed the plan and concurs with the two key elements: 1. The reduced parking ratio is appropriate, considering the proposed trail easement and the distance from the Englewood light rail station. 2. The project’s impact to the city transportation network would require minimal mitigation from the developer. Bicycle Parking: The UDC requires multi-family residential use bicycle parking at a rate of one bicycle space for every two dwelling units, which would require the project to provide 101.5 spaces. The proposed WH PUD Site Development Plan provides 102 bicycle parking spaces. Traffic: The plan proposes that the primary entry to the development be aligned with West Cornell Avenue with an additional access point from Galapago Street via an existing access point near Dartmouth Avenue. A third access point from Galapago will be located mid-block between Cornell and Bates Avenues. It is proposed that the alley west of Galapago be partially vacated and re-routed, adjacent to the outlying properties fronting Galapago. The portion of West Cornell Avenue right-of-way, west of South Galapago Street (connecting to the exiting alley) is proposed to be vacated. The property is presently used for industrial purposes. All streets in the area of the proposed development are local streets. Many of the streets to the east of the industrial site are signed to prohibit trucks form using the streets. Galapago, Fox, Bates and Elati Streets form the truck route in the area. As this area redevelops from its industrial character, the truck traffic will decrease. To the south of the site is Dartmouth Avenue, the major arterial street in the area that will convey most of the traffic to and from the site. The Trip Generation Analysis examined the impact of the proposed multi-family development at the northwest corner of Galapago and Dartmouth. Access to the development will be from four full access points along Galapago Street. The single family homes on Galapago near Dartmouth are to remain and are not a part of this development. The development is expected to generate 1,486 weekday trips, 93 AM peak hour trips and 114 PM peak hour trips. The analysis indicates that the development will have little or no impact and the roadways and the area can accommodate the additional traffic. This conclusion has been supported by the review and analysis of the Englewood Traffic Engineer. Landscaping: The PUD District Plan calls for a complete landscape plan to be submitted at the time of the Site Development Plan. The landscape plan can be found on pages 9, 10, and 11 of the plan set. The District Plan includes a minimum open space requirement equal to 25% of the site. The proposed plan contains 94,238 square feet of open space or 32.6% of the site. According to 16-6-7.E.4 Minimum Landscape Requirements: "landscaping standards shall meet all requirements of the Planned Unit Development." Irrigation for all required landscaping shall be by an automatic irrigation system. Lighting: Lighting specifications are located within the Site Development Plan set. All lighting should be installed as to not produce glare off site onto surrounding property. All light shall be directed and shielded in a downward fashion toward the ground. The applicant has submitted a photometric lighting plan and attention should be paid to lighting along the shared property lines with the single family residential home backyards as to not create undue glare and light pollution concerns for residents. Drainage: The Site Development Plan proposes two extended detention basins (one at each end) that will serve the water quality and detention storage. These basins will have Page 242 of 471 maintenance access but they will be primarily walled. A third pond will be located centrally on the site. All stormwater tributary to this pond will pass through a properly sized vortex separator prior to stormwater entering an underground storage facility. Underground storage will be via a proprietary system, appropriate to the location. The discharge of the detention facilities will be to existing storm lines in proximity to the ponds. The general historic drainage patterns on the site will be maintained. The Preliminary Drainage Report is approved and the Final Drainage Report will be required for the building permit process, which will incorporate final development details associated with the project. Utilities: The proposed Site Development Plan layout respects the existing sanitary sewer, waterline and dry utility easements. A new waterline loop will be constructed from Galapago Street through the site to connect to the existing waterline system. A sewer mainline will be extended north from the existing line on the site to provide service to each building. Utility easement finalization will occur on the minor subdivision plat but in conjunction with the approved Site Development Plan. Fire Department: The Site Development Plan for Fire Department access was approved on May 26, 2020 for the 26-foot lane width with three access points into the complex. All Fire Department emergency fire lanes meet the 26-foot requirement. Additionally, all fire lanes meet the 150-foot hose pull requirement as of May 26, 2020. The Site Development Plan is proposing a 26-foot wide drive lane from the north entrance, along the west property line and to the south entrance. New fire hydrants will be located along the road and along Galapago Street. All other drive lanes will be 24-feet wide and will not have fire hydrants located along the drive lane. City Department and Division Review: The WH PUD Site Development Plan and subsequent revisions were reviewed by the City’s Development Review Team (DRT) on February 27, May 27, July 21, and October 22, 2020. Issues identified by the DRT were addressed by the applicant and as of the October 22, 2020 DRT meeting all City departments have provided a favorable recommendation. Vacation of Right-of-Way(s): Right-of-Way vacations for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley are an important part of the Site Development Plan proposal. Each separate request for right-of-way vacation requires a public hearing before City Council. These vacation requests will be addressed in the subsequent public hearings for minor subdivision cases SUB2021-004 and SUB2021-005. Please note that all right-of-ways requested for vacation are entirely located on the applicant's property. Page 6 of 32 of the Site Development Plan depicts the circulation plans for the development. Vacated right-of-way will be replaced with a transportation access and public utility easement. The Englewood Traffic Engineer and Utility Engineer have reviewed and discussed the proposed plans for vacation and utility preservation/expansion on the property with the applicant team to accommodate the proposed development plans. Favorable recommendations have been received. Public Works Design Waiver Request: The city, through the DRT process, requested that this project provide right-of-way improvements in front of the single family homes along the west side of South Galapago Street, which are not part of this project. The requested improvements include removal of the existing monolithic rollover curb, gutter and 3-foot+/- sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with current Page 243 of 471 city standards. The requirement includes matching grades from the new back of walk to the existing surface. In June of 2020, the applicant filed a design waiver to the Public Works Department for the improvement requirement as described based on several reasons: • The project will provide a public trail easement for the future construction of the Englewood Rail Trail; • Overall improvement of the site and utility expansions are proposed; and • The land proposed by the city to be improved includes right-of-way that has been modified by the respective landowners to include fences, retaining walls, driveway accesses and landscaping. The goal of the sidewalk improvement is to obtain a continuous, widened, north-south sidewalk across the property from Bates to Dartmouth, either along Galapago or along the railroad tracks (rail trail). The waiver request was denied. However, the applicant has proposed to improve the sidewalk in front of the properties along the west side of Galapago, which are not a part of this PUD development, and grant an easement to the City for the future construction of the rail trail along the western side of the property. City staff will work closely with the applicant on this portion of the project and provide additional outreach to the homeowners and residents along this portion of street frontage informing them that these improvements will be forthcoming. Staff has received several inquiries from residents about improvements to the sidewalk along Galapago in relationship to this project. Planning and Zoning Commission: On December 8, 2020, the Planning and Zoning Commission held a public hearing regarding this proposal and approved, by motion, to recommend the WH PUD Site Development Plan to City Council for approval with the following conditions: 1. Administrative Approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood rail trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of right-of-way vacation requests for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley. 4. Removal of the existing monolithic rollover curb, gutter and a 3-foot +/- sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with City standards. The requirement includes matching grades from the new back of walk to the existing surface along the entirety of the Galapago Street frontage, including across the properties located outside of the project that have frontage on Galapago. (a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. 5. Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer. 6. Approval of drainage and water quality study. Sidewalk Analysis: At the Public Hearing for the proposed Winslow Crane apartment development in December 2020, members of the Planning and Zoning Commission requested Page 244 of 471 that staff review the proposed sidewalks on the development to ensure they are in compliance with city development standards. This direction was included in the Findings of Fact Condition #4(a) which stated: ‘Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets.” The WH PUD Site Development Plan proposed to install an attached sidewalk on the east side of the property and the applicant has agreed to continue the sidewalk improvements in front of the properties along the west side of Galapago which are not a part of the PUD property. If the applicant was required to install a detached sidewalk, that condition would place a strain on the ability to construct the proposed development without losing housing units, off-street parking, and the rail trail easement along the west side of the property, which would be essential for the future continuity of the Rail Trail project. While the current EMC requires all newly constructed sidewalks to be detached, there is language in Section 16-6-5. – Pedestrian and Bicycle Access and Connectivity, Subsection B. Applicability - whichstates: “this Section shall apply… to all new residential development containing four (4) or more dwelling units, except where development standards are modified though approval of a Planned Unit Development…” Prior to the submittal of the WH PUD Site Development Plan, the WH Planned Unit Development District Plan was reviewed and approved by City Council in early 2013. At that time, the general site plan included with the district plan did not include detached sidewalks as part of the overall design. The WH District Plan included the following General Note #7: “In the event of a conflict between the specific provisions of this PUD and Title 16, the specific provisions of the PUD shall control.” The Site Development Plan completed four Development Review Team (DRT) meetings: February 27, 2020, May 27, 2020, July 21, 2020, and on October 22, 2020. Detached sidewalks were not considered as a requirement by the DRT staff. Considering the language of the District Plan, the EMC provision that permits deviations from sidewalk standards through an approved PUD, and the development limitations which would adversely impact the overall project, staff recommends the construction of the proposed attached sidewalks for this project. Traffic Study: At the Planning and Zoning Commission Public Hearing held in December 2020, Commission members asked staff to ensure that all comments from the city's Traffic Engineer have been addressed in the Traffic Study, which was addressed in Finding of Fact number 5 which stated: 'Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer.' Staff received email confirmation from Maria D'Andrea, the Director of Public Works, on February 1, 2021 stating that the traffic study had been accepted and no further modifications would be required. FINANCIAL IMPLICATIONS: The $29 million WH Planned Unit Development project will provide financial benefits to the city including: • A one-time payment to the city of approximately $740,000 in Building Permit and Use Tax Fees. Page 245 of 471 • A one-time payment to the city of approximately $78,000 to the Park Fee-in-Lieu Fund. • Approximately $20,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The WH Planned Unit Development Site Development Plan would address the following Strategic Plan Outcomes: Neighborhoods The proposed WH Site Development Plan would complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments. The WH Site Development Plan completes the redevelopment of what was formally vacant or underutilized industrial property. Together, the three new developments will create a cohesive neighborhood along the light rail corridor that includes diverse housing choices ranging from for-sale single family homes to leased multi-family apartments. The Site Development Plan proposes building forms and materials that harmonize with the neighboring buildings. The building type utilized along the Dartmouth Avenue frontage and closest to the single family residences along Galapago that are not part of this PUD, consist of the buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. Transportation The project would provide a 10-foot trail easement for the future Englewood Rail Trail along the entirety of the western property line of the site. As the Englewood Rail Trail develops, it will provide a multi-modal connection between the three new developments and the Englewood light rail station. CONCLUSION: Staff recommends approval of ZON2020-001 with the following conditions: 1. Administrative approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood Rail Trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of the right-of-way vacation requests for a portion of W. Cornell Ave, S. Huron St., and a 16' public alley. 4. Removal and replacement of the existing sidewalk along Galapago St., including across properties located outside of the project which have frontage on Galapago. ATTACHMENTS: Council Bill #08 Applicant Response to Council Ordinance No. 4 Series of 2012/2013 WH PUD - Site Development Plan Right-of-Way Vacation: a portion of W. Cornell Avenue and a 16' Public Alley Right-of-Way Vacation: a portion of S. Huron Street Rail Trail Easement Graphic and Memorandum of Understanding DRAFT from January 2021 Lantz Associates Parking Reduction Study August 2020 Lantz Associates Trip Generation Analysis April 2020 Baseline Engineering Traffic Impact Study August 2012 Page 246 of 471 Site Development Plan Design Waiver Request June 2020 Material Board Neighborhood Meeting overview December 8, 2020 Planning and Zoning Commission Minutes December 8, 2020 Planning and Zoning Commission Findings of Facts Staff PowerPoint Presentation Applicant PowerPoint Presentation Page 247 of 471 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 08 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE APPROVING THE SITE PLAN OF THE W H PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 3001 SOUTH GALAPAGO STREET IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood approved the W H Planned Unit Development (PUD) District Plan by the passage of Ordinance No. 4, Series 2012/2013; WHEREAS, the W H Planned Unit Development (PUD) District approval required that before any residential development was to take place, a site plan for the residential development would need approval from Englewood P lanning and Zoning Commission and the Englewood City Council; WHEREAS, the W H parcel is a 6.12-acre site formerly occupied by Winslow Construction since 1954, and was zoned Industrial and R-2 since the first zoning was put in place in 1940; WHEREAS, the W H PUD District Plan changed the zoning from I-1 and R-2-B to PUD which permits low, medium, and high-density multi-family dwellings as approved uses; WHEREAS, the W H PUD District Plan further stipulated that all allowed industrial uses shall cease when a Certificate of Occupancy is issued for any residential use, and that any residential development must have the site plan reviewed and approved by the Englewood Planning and Zoning Commission and City Council; WHEREAS, the W H Investments submitted an application for the W H Site Plan of the W H PUD for the development of a 6.12-acre site located at 3001 South Galapago Street for the development of a multi-family residential development consisting of 203 units; WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on December 8, 2020; and WHEREAS, the Planning and Zoning Commission recommended approval of the W H Site Plan of the W H PUD for the development of a 6.12-acre parcel located at 3001 South Galapago consisting of 203 units for multi-family residential development; WHEREAS, the Englewood City Council held a public hearing on February 16, 2021 regarding the W H Site Plan of the W H PUD for the development of a 6.12 acre Page 248 of 471 2 parcel located at 3001 South Galapago consisting of 203 units for multi -family residential development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The W H Site Plan of the W H Planned Unit Development (PUD) located at 3001 South Galapago in the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby approved. Introduced, read in full, and passed on first reading on the 1st day of March, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of March, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of March, 2021 for thirty (30) days. Read by Title and passed on final reading on the 15 th day of March, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 18th day of March, 2021. Published by title on the City’s official website beginning on the 17 th day of March, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 249 of 471 Dartmouth MFP,LLC 3002 South Huron Street Englewood,CO 80110 Mr.Wade Burkholder,Planning Manager 1000 Englewood Parkway Englewood,CO 80110 RE:Applicant Response to City Council Questions/Requests from City CouncilHearing on February 16,2021 (ZON2020-001,SUB2021-004,and SUB2021-005) Members of the Englewood City Council, When the City approached the Winslow family in 2010 the objective was to establish an overlay zoning that allowed for the future redevelopment of the Vlflnslowand General Iron properties.At that time our shared vision was to establish a master plan that created a diverse mix of housing opportunities for North Englewood,including,for sale,for rent and affordable housing options.The goal was to attract and retain Englewood residents by creating housing options that met the demand of an evolving citizenry.Hence each phase of the master plan targeted a speci?c demographic,while acknowledging the challenges and physical limitations of the two properties.We believe that the completed phase(s) of the master plan have accomplished our original goal by bringing to market 136 for sale residences and 70 deed restricted affordable units.The ?nal phase of our plan anticipates an exceptional value and reasonably priced rental product,which targets the "missing middle”population.Throughout the design process the City's staff and experts have worked collaboratively with our team to meet the needs and expectations of the greater community and have collectively approved each phase,including the Winslow Crane Apartments.We’re proud of this project and I hope you willfind our responses to the Council questions acceptable. Affordability The Winslow Crane development team is focused on delivering a residential housing solution to provide for the unmet need within the Englewood community.As part of the master plan the area would provide for-rent and for-sale housing alternatives at pricing options considered both attainable and affordable with government-subsidized units.The Winslow Crane Apartments will provide a mix of affordable units ranging from studios to 2 bedroom units with projected monthly rent ranging from approximately $1,000 per month to over $2,000 per month. The proposed for-rent residential project willcater to residents in what has become an increasingly large “missing middle”—those residents that earn income beyond thresholds for subsidized housing, but insufficient income to comfortably afford homeownership or luxury rentals.A few notes regarding the need and attainability for this housing type: -The City approached Vwnslow ownership in 2010 with the desire to increase housing options within the City,which this project supports; -Across the Vwnslow and General Iron rentable properties,over 25%of the available units are subsidized deed-restricted affordable units; Page 250 of 471 -Based on a January 2021 homeownership analysis in the Denver market,the average cost to rent an apartment at the Winslow Crane project was 14%less expensive than home ownership (monthly costs including mortgage,taxes,insurance); -The “missing middle”housing gap is exacerbated by the down-payment requirements often exceeding $100k for an average home in the Denver metro area;and -The proposed three-story project provides a lower-cost alternative to new,larger mid-rise or high-rise apartment options recently developed in the Denver metro area. We strongly believe this project: -Supports a diverse housing stock in Englewood; -Provides rental opportunities for those who cannot afford or do not desire homeownership;and -Compliments the additional housing availability previously developed throughout the Winslow and General Iron properties. Sidewalk I TOD Rail Trail Please refer to Exhibit B for the previously provided memo outlining the design challenges and analysis of the TOD Trail and detached sidewalk. -The property cannot support both a TOD Trail and a detached sidewalk due to the design codes and the geometry of the site.The current design is supported by City Staff and Public Works. -The challenges of the site have been well known for many years and the PUD anticipated these challenges as noted in Exhibit B,attached.In addition,the PUD states in the General Notes,‘‘INTHE EVENT OF A CONFLICT BETWEENTHE SPECIFIC PROVISIONS OF THIS PUD AND TITLE 16 THE SPECIFIC PROVISIONS OF THIS PUD SHALL CONTROL.” -If compelled to provide for both the TOD Trail and detached sidewalk the project is unfeasible due to loss of units,parking,landscaping,and/or drive lanes. -lf compelled to provide for both,the site willremain heavy industrial and the ?nal residential opportunity will be lost for a generation. -Ifthe TOD Trail is eliminated and the design is pushed to the west,design challenges remain with underground infrastructure. -The current design allows for both a TOD Trail and a newly constructed 6-foot wide attached sidewalk,which creates two currently unavailable,safe circulation options for pedestrians. -We strongly believe this not only makes sense for the project,but the entire community. Additionally,the current plan satisfies other important City objectives and is noted in the following documents: o The Englewood Walk and Wheel Master Plan: Key bicycle recommendations:..RaiI trail along the LRT line between Oxford Ave,City Center LRT station,and Bates Ave to provide a low stress travel environment between major destinations in Englewood.This includes overpasses of Oxford Ave,US 285,and Dartmouth Ave.” o Englewood Light Rail Corridor Pan,Mobility Emphasis: 1.Rail Trail Bridge Congestions Bene?ts: “A multi-purpose rail trail featuring arterial road overpass bridge crossings will provide safe pedestrian and bicycle crossings,as well as improved vehicle mobility on roadways below.The separated bridge crossings willresult in a Page 251 of 471 reduction in the volume and frequency of at-grade pedestrian crossings at existing arterial intersection crosswalks,thereby providing more available green through time for automobile traffic on Hampden,Oxford and Dartmouth Avenues.” 2.Rail Trail Implementation: “Arecreation and station access loop primarily withinthe existing BNSF right of way adjacent to the RTD trackway.The location of the trail route would begin,on the north,at the General Iron Works site adjacent to Amherst Avenue and Elati Street intersection.It would then continue south along the existing LRT corridor and terminate at the Big Dry Creek Trail near Littleton.The trail would be completely separated from con?icts with automobile traffic through the construction of bridges over existing arterial roadways.Existing linkages to the South Platte Trail would be enhanced at Dartmouth and Layton Avenues.The mu/ti-use trail would accommodate both pedestrians and bicyclists exclusively. Excluding maintenance and emergency vehicles,no motorized vehicles would be permitted.The City willbe required to negotiate rail trail easements or rights-of- way acquisitions along the rail corridor and dedications or easements within future development proposals.” Infrastructure Improvements The Vl?nslowCrane Apartments will provide and/or construct the following infrastructure improvements which will be dedicated to the City of Englewood for the bene?t of the City: Replacement of the City owned four-inch water main with over two thousand feet of new eight inch water main including three connections to the existing Galapago Street mainline. Installation of over 1,000 feet of new sanitary sewer mainline.In addition,the new sanitary sewer main redirects all site ?ow to the 24-inch line on site.This was done to eliminate all flow from the site that was tributary to the alley sanitary mainline,which is tributary to an overburdened system to the east (east mainline).As such the east mainline will see a slight drop in ?ow with this development. Pave the existing gravel alley that is behind the single family home sites on the west side of Galapago Street. A widened public sidewalk and tree lawn separating the sidewalk along Galapago Street from residential buildings. Provide the land (approx.1/3 of an acre)for the rail trail corridor,plus an additional easement for maintenance and access,in addition to payment of a cash in lieu fee for City Parks. Although not dedicated to the City,the Winslow Crane Apartment will also provide water quality treatment and detention storage.This is currently non-existent on the 6.1-acre site.The addition of detention and release in accordance with City standard will reduce the flow rate leaving the site into the City system by over 70%.This will signi?cantly improve the capacity of the existing City system downstream of the project site.This storm infrastructure will be owned and maintained by the landowner. ProiectFinancial Benefits for City The Winslow Crane Apartments will provide numerous ?nancial bene?ts to the City as outlined below: Page 252 of 471 -The redevelopment of the site will generate an increase in property tax revenue for the City, county and school district of approx.$270,000 per year,which is approximately a 1,000% increase. -Collectively the project will pay the City over $1.5 million in development fees and use taxes. -The project will employ over 300 workers over the year and a half of construction,bringing new quality paying jobs to the City. -Private developer Will be paying for all required,planned,and designed infrastructure improvements. For all the aforementioned reasons,we believe we have created a fantastic product that will be an asset to the City and a lasting landmark to Nolth Englewood for many years.Together with the City staff and experts we have collectively created a project that ful?lls the needs of an Englewood demographic that is sorely underrepresented in the marketplace.We hope that you agree and will strongly consider approving the Winslow Crane Apartments. Thank you so much, /W /\ |ow Dartmouth MFP,LLC Manager EXHIBITS Exhibit A —Project Implications of Detached Sidewalk Exhibit B —Detached Sidewalk Memo Page 253 of 471 EXHIBIT A —Project Implications of Detached Sidewalk Add Detached Sidewalk,Remove Add Detached Sidewalk,Reduce Add Detached Sidewalk,Reduce As Designed Rail Trail Access Drive Parking Sidewalk Attached Detached Detached Detached Rail Trail Yes No Yes Yes Adequate Fire Yes Yes No Yes Access and Easement Width Necessary Parking Yes Yes No Page 254 of 471 EXHIBITB —Detached Sidewalk Memo Dartmouth MFP,LLC 3002 South Huron Street Englewood,CO 80110 Mr.Wade Burkholder Planning Manager 1000 Englewood Parkway Englewood,CO 80110 RE:Investigative Study into Detached Sidewalks adjacent to the proposed Vl?nslowCrane apartment project Mr.Burkholder, In response to the request by the City of Englewood Planning Commission for the VlnnslowCrane Apartments project to study the construction of a detached sidewalk along the west edge of Galapago Street,this letter outlines the constraints and potential impacts of that request. After a thorough review of the request,we have determined that not only is this condition not feasible from an engineering and design perspective,but it also diminishes the aesthetic of the project,future pedestrian experience along Galapago Street and the ability to provide multiple pedestrian pathways to Dartmouth.In our view,this is the best-case scenario.The worst-case scenario is that further pursuit of this condition has the potential to terminate an already strained project,which ultimately negatively impacts the Community by eliminating the potential redevelopment and leaving the site in its current industrial condition. The overarching problem lies in the site geometry and existing City right of way.The site narrows considerably to the north of Cornell Avenue and is constrained by utility easements,mandatory design requirements (both City and market driven),such as building massing,internal roadway widths, underground storm water detention,and sufficient parking requirements.Unfortunately,this is exacerbated by the proposed dedication of a ten-foot easement along the entirety of the western property line for a future transit-oriented pedestrian and bike rail trail (“TOD Trail”).While we support the construction of a future TOD trail and believe it will be a wonderful asset to the Community and City, it certainly added to the complexity of the site design. Further,we believe the PUD allows for the current design of an attached sidewalk and this was validated with Staff during our many discussions for the project and site design during each of our four DRT meetings and processes with the City.It is our belief that Staff understood the site challenges and were fully within their purview to approve the current design given the PUD language.The PUD states, “DIS TRICT PLAN:The terms,conditions.The adopted PUD District Plan and Documents may be changed and/or amended in whole or in part as follows:Minor modifications to the PUD District Plan:The City Manager or his/her designee may approve minor modi?cations in the location,sizing,and height of structures or facilities if required by engineering or other Page 255 of 471 circumstances not foreseen at the time the PUD District Plan was approved.”In addition the PUD also states,“SITE PLAN:Minor modi?cations to the PUD Site Plan:the City,through the Development Review Team,may authorize deviations from the PUD Site Plan when such deviations appear necessary in light of technical or engineering considerations.”The PUD Site Plan as previously approved by the City of Englewood on 5/9/2013 included an attached sidewalk.The Site Plans presented as part of four rounds of Design Review Team submittals all included attached sidewalks along Galapago. Below is a summary of the site constraints: EXISTING CITY RIGHT OF WAY: 1.North of Cornell Avenue the right of way behind the existing flowline,on the west side of the Galapago Street,is limited and approximately 6.5 feet.South of Cornell Street,the right of way on the west side of Galapago widens to approximately 12.4 feet behind the flowline, 2.The current plans show a 5.5-foot sidewalk with a 0.5-foot curb head.This was developed in concert with City of Englewood Staff early in the DRT process due to the limited right of way available for this project north of Cornell Avenue.The current design allows for a six-inch buffer behind the sidewalk to remain in the public right of way.This could be made into a monolithic sidewalk/curb and gutter to create a full 6-foot walk,or the walk can be constructed up to the property line. If as the Planning and Zoning Commission has requested the sidewalk needs to be detached from the existing curb head 6-feet,and a 6-foot sidewalk constructed,the following issues and problems will be created. NORTH OF CORNELL STREET: Following the City standards,the back of walk shall be 12-feet from the existing back of curb and on the project property.The closest point on the proposed buildings to the back of curb is 11.5 feet.As such the buildings in their current configuration and back of walk would be in conflict.In addition,the sidewalk abutting the building would preclude functional entrances with the required stairs and ramps that provide accessible entrances to the building at the sidewalk.Solutions:In order to resolve these issues one of the following would be required: 1)MOVE PROPOSED BUILDINGS 4,5 AND 6 APPROXIMATELY 5 to 6 FEET TO THE WEST.This would allow for the proper elevation above the street flowline to the building entrances and allow for access to the walk.However,moving the buildings to the west would: REDUCE THE INTERNALDRIVELANES BY 5 to 6 FEET.This does not comply with the ?re department requirements,utilityeasements or zoning for required drive lane widths (they are at the minimum width now of 24 feet and 26 feet depending on location.)Wehave had previous discussions with ?re about reducing drive lanes and this request was denied. OR ELIMINATEPARKING.The shift of Building 5 and 6 would eliminate approximately 34 parking spaces and 1 loading zone as the spaces are removed to make room for the newly located buildings.Not only would this create parking Page 256 of 471 issues,as the shape of the site narrows north of Cornell Avenue it disproportionately removes parking from the north side of the site.This creates a project parking issue and likely would push resident parking into Galapago Street and Bates Avenue, which we assume existing residents would not appreciate. OR ELIMINATETHE TOD RAILTRAIL.This would allow the entire north half of the project to move 5-6 feet to the west.This willrequire a complete site redesign including,revising grading,utility alignments,storm water design,easement alignments,and possible building footprint changes as well as a significant schedule delay.This also eliminates the neighborhood pedestrian/biker of any secondary option travel path around our project and to the eventual redevelopment of Englewood City Center.Even with the elimination of the TOD trail the ?nal condition will be a sidewalk immediately adjacent to the proposed building and a substantially less pleasurable pedestrian experience than the full width TOD trail and a newly created sidewalk appropriately separated from the building.Additionally,a sidewalk adjacent to the building creates the potential for resident and pedestrian conflicts. 2)ELIMINATEPROPOSED BUILDINGS4 5 AND OR 6.This solution is not an option as it creates a nonviable project. 3)REDUCE THE GALAPAGO STREET ROAD WIDTH BY 5 to 6 FEET.This option pushes the roadway ?owline to the east and,in our opinion,creates a non-viable section of public street roadway,or would necessitate the removal of on-street parking along the west side of Galapago Street.The existing roadway is approximately 34 feet from flowline to ?owline.We believe that a 6 reduction in the roadway width is unacceptable to the Community and City staff and that a reduction in the number of on-street parking spaces would be unacceptable to the neighborhood residents. SOUTH OF CORNELL STREET: The City of Englewood has required the project to extend the newly constructed sidewalk in front of the single-family detached homes on the west side of Galapago Street,which we do not own.These homeowners have landscaped and othenrvise enhanced their front yards up to the attached existing sidewalk.Much of this improvement is in the right of way and includes driveways,extensive landscaping,fencing retaining walls,and other improvements to their property.Constructing the detached walk would eliminate all of these improvements,replacing them with a sidewalk and traditional tree lawn in addition to a TBD design element to accommodate the change in grade from the home to the sidewalk.In some cases,the sidewalk would be within mere feet of existing front doors. Again,this creates an environment and experience that we believe is not acceptable to the homeowner and future pedestrian.Further,it detracts from the neighborhood aesthetic and creates the potential for resident and pedestrian conflicts. URBAN DESIGN CONSIDERATION: 1.We believe the separation of the attached sidewalk from the building as currently proposed with a landscape buffer between the sidewalk and the buildings is already a signi?cant improvement to the pedestrian experience for the frontage along Galapago Street.Further,at the east side of the street,the existing businesses are right on the sidewalk with no potential for a tree lawn of any sort,creating a visual imbalance to the roadway. Page 257 of 471 2.The TOD Trail offers an alternate path for both pedestrians and cyclists with a future overpass above Dartmouth Avenue,providing unobstructed views to the western horizon. 3.The attached sidewalk as currently proposed is buffered from vehicular traffic by the permitted on—street parking and residential neighborhood setting For all the noted conditions,we strongly believe that the current plan provides the greatest community bene?t by optimizing pedestrian circulation with both a TOD Trail as well as an improved,tree lined, sidewalk,providing a comfortable urban pedestrian experience,while minimizing the disruption to existing property owners.The current plan is also in compliance with the approved PUD which allows for minor modifications to the City's code based on engineering or technical considerations,both of which are influences on the Site Plan.it forced to pursue the detached sidewalk condition,without the elimination of the TOD Trail,the project becomes non-viable.While we do not believe that this was the intent of the Planning Commission comment(s),it is unfortunately the reality given the site constraints and building regulations.Acknowledging the City's strong desire for a future pedestrian bridge connection,and the overarching responsibility to be mindful of the safety and welfare of the community and future residents utilizing these improvements,we are convinced and have no doubt that the current design is the best and most appropriate for the Community. Thank you for your consideration. /\ Skgcerely, low \_/L/\Z L; Dartmouth MFP,LLC Manager Page 258 of 471 .HbI BY Al:I'HnIu'n' ORDINANCE NU‘12 COUNCIL BILL NO.as SHUES 01-‘1012/20:,INTRODUCED BY COUNCIL MEMBERWOODWARD AN ORDINANCE APPROVING nu:W H PLANNED UNIT DEVELOPMENT IPUD) LOCATEDA1 .1001SOUTHGALAPAGOSTREET INTHE CITYor ENGLEWOOD. COLORADO. WHEREAS,muprop:-nyli a 6.12 acresitt omlpird by wnuslaw cousmminn Company shut I95-1,xnd hu [man mned [-1 and 11-,m1 WHEREAS.w H lnveslmems xubminai an apphcuion farm:proposed Plannedunn Dcvzlapmelu In wablixh speu?:mmng and me pllnnmg r:n|I:ruI rm»dtrvclupmu-nlfor n nnnm unn Devalnpmml (PUD):and wmzmzas,WH PUD would nllnw sang:may Msidznuilma nmchnd mwn hm-nuan this silc as well as oonunumg uldu?nal uses;and wmuuzas.mePlnnnmg Ind Z4-Iningcm-nmusmnh:|d .Puhlu:Hunng m1N?VClIIbE|‘20. 2012.and WHEREAS.lhc Planmngand Znnmg Ccmmmxunmcc/mmcndndn deuinxof|I:I.'awhr.z(IDn In 1:10“:ampmpeny knmvn as 3001 South Galnpago Sueex :1 n1‘[mm LI and R443 In aPlrmn:d unnDtvtzlnpmml. Now.THEREFORE.BE IT ORDAINED BY THE CITY COUNCH.OF THE CITY or ENGLEWOOD.COLOR/mo,AS rounws: Sucu n I.Tn:w H Plan-mi Unit Drvelwprnzm(PUD)Iucnad ax sum sum:Gnlnpagn sum :1 :1 In umCuy uf Englewood.Cc-Iamio,attachedharm as ExlubhA,Is hc1:\>y approved‘ Soauvnz,The apvhcam,w H Flanmxl unuDcvclopmzm (rum wxsllcsIo tmaud II: npplicatian |u limit mg uss alluwad in LhisPUD I0 I11:following. um Allnwrd by mePUD Disu-IcIPlan gen enlxal Use: Gmup living many.largdxpncinl cm-p Iwmg facility.nmnu OM and MulIi~UmlDwu1Iin-.15ulluwedIII In:nu-3 me Dmriv. Lwuwnm dW=lhng mw,Medmm and H|g|:Deusxty Mum-umldwellings Mum-Fnnuly R=InIedAnmllary U55 suchas Lnsing DI'T:e,Prime Ruxuxiun Facilinas,cl: Page 259 of 471 uluum n hch Alhlnlic ?eld Cmnmnmny gnrduu ubmry Muxcum l‘.\r|<and om Spats Religious m¢uIn|iDm mmnmmmum.L'L'>wurv nws semi; l'vIa.x-nmxunIc.1\iwn1-’;my macc’/mp.”m7,“/-¢m....,.,....,.,m1..z,..."M./I-r»/¢.,,z,/r m mu.-:1guldzhnzs und.wnn-iurtlu,m mclud:nllunlmivc |nwa'sLrucmr:.Amcnnn umamwmxnlcmm.uwlanwl .~.m:|axnlmm.whmantenna)mud‘hvwcxslruuuu: Transit Ccnlvr Gruanhmvsn/nuusary.rl sing (xfplanu,?nwcm,m mu-<ery sunk Asscml?y mum‘nmlnlmmm.hall rental |'0r mrnlm Mlznhcrshuwnrg,:u1Imuun Inrlonr F.n|emImmenI/Amuszmenl An\useIncul oslxhlishrnL:nlu.~u (‘«n\dvImu::>Us: Phys.’u nmmcznlzr/sun 1mm and pcrfnnnnnxidtnncu?venue.mvl Imzlmlmp,mumnznlmwnmmcxll (ieucml uuldunr rbcnznnnn..5 a Cnndulnnnlus: cum uasl mug rm‘\?y Fmzlnuulim|i|u|mn,wixhurimmugnu scrvnze Fmancmlmsu||mm\.wu1xmIxd\'ivM.lu‘nug1Ixcrvmc Food and ummgc Survic:,h1:;]uding Hrcwpulz C alarm Mlcmhrzwery Rusllurlnl.bu.lzvum wnh or wullmuluuldom npA:ra|inns Restaurant,wuh anmmugb scrvwa Tm um and dclivrry only Mnducnland Suuenxi?n: m‘c Huspikul Lnbommry(mun.medial m npmcal) ()f?L:c,ly|1c I (gc:um:\) emu.type 2 (lim?ud) Dry r.lmnur,d.n7p<II1sIlr.mxly lrxxuucliannlsun/mt Pelsunal Car:Szrvice.lllcluding phmayaphysmdiu and pllmn lab,uphnlstcry,printer. lonksrruth.mm Repair shup (um i|u:lIul.ing nula) Reml Salas and Se-rviue(Sal:s),1nclua|lng: Anuquz star: An gallcry Page 260 of 471 Buy-bunk.Jazond-Ilan?.lIlriiLCarlslgtll?ml mm,mg: la.-y-luck.uwna-ll.-mu.l.hxx‘Ii,cul1.1lyJ|rlanIsl0lc5.Small Ccnvnliznc:sum omvcry/sn=cz.lly ml um lnlernal 5:15 lncatinn Llqumlme Ruuxl slles,genenl lzlglchxxldlse ‘rml:or busulgss sclluol Rzdin/mlevlsillnhmndczsllngslluim.recmdmy?lm .-mam Aulunlmlw eewwe slntiun lgllsoliue flwilily) cu wash.zluln detailing Padang Ilclllty.slnlclur:topmble vcluclcs),pnnclp?l m Parking area.surface (mull:lmhicles).principal us: Hale] Hotel,Exlznded Sm)’ lgllllwglgm llrmlmle Sales uld disu-lhulion lnduslnnl Sarvlce,li?“ Mlmlfaclunng (Inaludmg pmcnnllg,Eib?cllllin or us:-l-lblyl,llghl Manufnclunng (hlclllding pmctsslng.Tsbrimlmnor nssnvlbly).llmy Mm-mg and slang: Onldmr slorage Slorage yard for vchitlzs,eql-lpmml,malarial,and/Ln’supplics,including Cnnlraclur nfrlu and yud Warchuusing and/ur slongc,includingmim-slomgc rummzlclal slmge,?llcll Ind lrpnlr nflvpcrnhle V:hI¢:|cs and :quI'pm:nI All Cnmmzmlllland lndluuinl Um shall hw:a maximumlleiglll of one-llundlad feel U00’) And livemy and council llmtvy ncoepls Lhixmm-llllllall h:llx PUD Dilllntl Plan.The nllawad uses an hereby xncludadan Eh:PUD lmu-lcl Plan. _S_:c:|.ian3.The appllunnl,w ll Plnnnad UniID=vclopmr.n1(PUD)\II|:'11s m amend its appllcalion (D pmvldc umall allowed xndualrislum (um!nu|public/insllulliumland wmmmial use!)shall mas:and shall not ‘I:yalldfnlhared um mnsldcrad legpl,nun-wnf?mling um um ule lslualme on Czni?calc of Occupancy for ally rzsidmlhl m communal use willun marun‘ wh:|h=r or mu m:pmpmy conminzd within mg pun bnundzrlnshas hm.planed.And LII:City Cuu-lcllhereby actcpls lhls umranamenlH7lb:PUD DislriolPlan Trlisresll-lcuun ls llrreby lncllldadon [he PUD Disuicl Plan. Securm 4 nmlopmelu on my pnrllon of wepub for any lesldmtlal us:(and um publi nsl lltiunal,cumnwmilcl,or uldlmrial usas)shill be subject m sll:plan rtview by m: lvllmlllngand Znning Commlsslanand rcl/new and approval by clry Cuuwml lltmy sile plan ls m.lhlI\i(|=d fcrpublic/imllluLionn1,ccl:lmenvinlLlrindustrialms 'wlll hr pm.-m-ell rldminlstrnllvcly.5 Allowedby anUnl?od Dnvcloymenlcm '3 mq.mm»nl L9 lmay imlndlqi in 1112run Damn Pm Page 261 of 471 Iiilimliiued and considered on the 17"‘day of December,2012 and continued until the 22""day 0|‘.Ir'muzii'y,2013. Reiiilmduced,rend in full,and passed on first reading on the 22nd day o?anuary,2013. Puhlislied by Title as a Bill rurzm Ordinance in the Cily‘s of?cial newspaper on the 25"‘dziy mi‘ Liinixiry,2013. Ptiblished as a Bill for an Oi*din:mee ml the Cilyis i>lliei£1l website beginning on the 23'“1ir.yof .l.'1iiuui'y,2013 fort}iii1y(30)days. A Public Ileziring was held on the 4'“day of February,2013. Reiitl un siicnild i'uu(iiiigand amended on February 19'“,2013 |’uhlished us nineiided by title in the Ciiy’s official newspaper on the 22nd day oI'Febmaiy, 2013. Published as amended on second reading by title on the City‘s official website beginning on the 301"day oi'l~'ebi*uary,20 l3 for thirty (30)days Read hy title and passed as amended on ?nal reading on the 4"‘day oi'March,2013. i Published by title as amended in the City's official newspaper as Ordinance No._:Z_,Series of 2013,on the 8th day 0fM2ireli,2013. Published by title as amended on the RangP.Penn,Mayor AT'X‘F§7'/J C//LoucéshiaA.Ellis,City Clerk 1,Loucrishia A.Ellis,City Clerk of the City of Englewood,Colorado,hereby certify that the above and foregoing is a true copy of e amended Ordinance passed on final reading and published by title as Ordinance No.,Series of 2013. /--LoucrishiaA.Ellis Page 262 of 471 PROJECT SITE W BATES AVE W DARTMOUTH AVE S BROADWAY STREETS SANTA FE DRWH PLANNED UNIT DEVELOPMENT LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD SITE DEVELOPMENT PLAN VICINITY MAP SCALE 1" = 1000' BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS S00°02'12"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 34 BETWEEN THE FOUND MONUMENTS AS SHOWN HEREON. THIS BEARING IS AS PER THE LEGAL DESCRIPTIONS OF THE SUBJECT PROPERTY PARCELS.File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\1 - COVER SHEET.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 12:44 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANCOVER SHEETDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20201 N of1 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LEGAL DESCRIPTION: PARCEL 2A (SURVEYOR'S DESIGNATION): LOTS 1 TO 24, INCLUSIVE, AND THE RESERVED STRIP LYING SOUTH OF LOT 19, AND LOTS 46 THROUGH 49, INCLUSIVE, BLOCK 1, TAYLORS ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, TOGETHER WITH THAT PORTION OF VACATED HURON STREET LYING NORTH OF THE NORTH LINE OF DARTMOUTH AVENUE AND SOUTH THE NORTH LINE AND NORTH LINE EXTENDED OF CORNELL STREET AND ALL OF THAT PORTION OF VACATED CORNELL STREET LYING WEST OF THE WEST LINE OF THE ALLEY IN SAID BLOCK 1, AS VACATED BY ORDINANCE NO. 14, SERIES OF 1971, RECORDED MAY 25, 1971 IN BOOK 1928 AT PAGE 396, EXCEPTING FROM SAID LOTS 20, 21, 22, 23, 24 AND VACATED HURON STREET THAT PARCEL OF LAND CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY THE DEED RECORDED MAY 10, 1991 IN BOOK 6153 AT PAGE 567; AND EXCEPT THAT PORTION OF VACATED HURON STREET CONVEYED TO REGIONAL TRANSPORTATION DISTRICT BY THE DEED RECORDED JANUARY 26, 2004 UNDER RECEPTION NO. B4016217; PARCEL 2B (SURVEYOR'S DESIGNATION): TOGETHER WITH A PARCEL OF LAND LOCATED IN THE SE 1/4 OF NE 1/4 OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE 1/4 OF NE 1/4; THENCE NORTH ALONG THE EAST LINE OF SAID SE 1/4 OF NE 1/4, A DISTANCE OF 540.0 FEET, MORE OR LESS, TO A POINT 50.0 FEET SOUTHEASTERLY, AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE SOUTHWESTERLY PARALLEL WITH AND 50.0 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 573.0 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SE 1/4 OF NE 1/4; THENCE EAST ALONG THE SOUTH LINE OF SAID SE 1/4 OF NE 1/4, A DISTANCE OF 180.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE EAST 30 FEET AND THE SOUTH 30 FEET FOR HIGHWAYS PURPOSES, AND EXCEPT THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY THE DEED RECORDED MAY 10, 1991 IN BOOK 6153 AT PAGE 567; PARCEL 2C (SURVEYOR'S DESIGNATION): TOGETHER WITH A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4 WHICH IS 200.0 FEET EAST OF THE SOUTHWEST CORNER OF SAID NW 1/4 OF SW 1/4 OF NW 1/4; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4, A DISTANCE OF 540.0 FEET MORE OR LESS TO A POINT 50.0 FEET SOUTHEASTERLY, AT RIGHT ANGLES FROM, THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY. THENCE SOUTHWESTERLY ON A CURVE TO THE RIGHT, PARALLEL WITH AND 50.0 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM, THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 563.0 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4; THENCE EAST, ALONG THE SOUTH LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4, A DISTANCE OF 162.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THE SOUTH 30.0 FEET FOR HIGHWAY PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF ENGLEWOOD BY THE DEED RECORDED JUNE 19, 1989 IN BOOK 5712 AT PAGE 490. COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL 3A (SURVEYOR'S DESIGNATION): A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS BEARING SOUTH 89 DEGREES 48 MINUTES 51 SECONDS WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST 1318.86 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34 NORTH 89 DEGREES 42 MINUTES 38 SECONDS EAST 226.46 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A PARTIAL CENTRAL ANGLE OF 01 DEGREES 01 MINUTES 47 SECONDS AND A RADIUS OF 5779.65 FEET (IT IS SUBTENDED BY A CHORD THAT BEARS SOUTH 14 DEGREES 47 MINUTES 36 SECONDS WEST 103.87 FEET); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 103.87 FEET TO THE END OF SAID CURVE, SAID END OF CURVE ALSO BEING A POINT ON THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED, RECORDED MARCH 19, 1881 IN BOOK A33 AT PAGE 13, RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST 558.96 FEET TO A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89 DEGREES 39 MINUTES 32 SECONDS EAST 100.98 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK 2222 AT PAGE 485; THENCE DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE NORTH 00 DEGREES 02 MINUTES 12 SECONDS EAST 659.16 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 42 MINUTES 38 SECONDS WEST 74.65 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ENGLEWOOD BY INSTRUMENT RECORDED JUNE 19, 1989 IN BOOK 5712 AT PAGE 490. PARCEL 3B (SURVEYOR'S DESIGNATION): TOGETHER WITH A PORTION OF A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED IN QUIT CLAIM DEED RECORDED JANUARY 20, 1989 IN BOOK 5618 AT PAGE 65 AND CORRECTION THERETO RECORDED AUGUST 3, 1989 IN BOOK 5744 AT PAGE 191 OF THE RECORDS OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS BEARING SOUTH 89 DEGREES 48 MINUTES 51 SECONDS WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST 1318.86 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 34 NORTH 89 DEGREES 42 MINUTES 38 SECONDS EAST 301.11 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 5618 AT PAGE 65 AND CORRECTION THERETO RECORDED IN BOOK 5744 AT PAGE 191; THENCE SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL 638.56 FEET TO A POINT; THENCE NORTH 89 DEGREES 39 MINUTES 32 SECONDS EAST 4.37 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 26 SECONDS EAST 14.19 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 27 SECONDS WEST 628.60 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 42 MINUTES 38 SECONDS WEST 13.76 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL 4A (SURVEYOR'S DESIGNATION): A REMAINDER PARCEL OF LAND NO. 23R OF THE STATE DEPARTMENT OF' HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, PROJECT NO. FCU 085-2(51), IN LOTS 25 AND 26, BLOCK 1 TAYLOR'S ADDITION, A SUBDIVISION IN THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN ARAPAHOE COUNTY, COLORADO, SAID REMAINDER PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 26, BLOCK 1, TAYLOR'S ADDITION, FOR WHICH THE W 1/4 CORNER OF SECTION 34 BEARS S. 64° 47' 19" W. 228.97 FEET; 1. THENCE N. 00° 02' 12" E. ALONG SAID EAST LOT LINE, A DISTANCE OF 46.21 FEET; 2. THENCE N. 89° 23' 26" W. A DISTANCE OF 50.00 FEET, TO THE WEST LINE OF LOT 25 OF SAID BLOCK; 3. THENCE S. 0° 02' 12" W. ALONG SAID WEST LOT LINE, A DISTANCE OF 45.20 FEET; 4. THENCE S. 88° 13' 31" E. A DISTANCE OF 50.02 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON A POLARIS OBSERVATION OF THE EAST LINE OF THE NE 1/4 OF SECTION 33 PREPARED BY GINGERY ASSOC. AT J.N.: D-1633.001, DATED SEPT. 1980, PREPARED FOR THE CITY OF ENGLEWOOD.(N. 00 02' 12" E.) PARCEL 4B (SURVEYOR'S DESIGNATION): TOGETHER WITH A REMAINDER PARCEL OF LAND NO. 24R OF THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF' HIGHWAYS, STATE OF COLORADO, PROJECT NO. FCU 085-2(51)., MORE OR LESS, IN LOTS 27, 28, 29 AND 30 BLOCK 1, TAYLOR'S ADDITION, A SUBDIVISION IN THE SW 1/4 OF THE NW 1/4 SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN ARAPAHOE COUNTY, COLORADO, SAID REMAINDER PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 27, BLOCK 1, TAYLOR'S ADDITION, FROM WHICH THE W 1/4 CONER OF SECTION 34 BEARS S. 64° 47' 19" W. A DISTANCE OF 228.97 FEET; 1. THENCE N. 0° 02' 12" E. ALONG SAID WEST LOT LINE, A DISTANCE OF 46.21 FEET; 2. THENCE S. 89° 23' 26" E. A DISTANCE OF 48.29 FEET; 3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 39.50 FEET, A DISTANCE OF 62.05 FEET (THE CHORD OF THIS ARC BEARS S. 44° 23' 26" E. A DISTANCE OF 55.86 FEET); 4. THENCE S. 0° 36' 34" W. A DISTANCE OF 8.49 FEET; 5. THENCE N. 88° 13' 31" W. A DISTANCE OF 87.35 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON A POLARIS OBSERVATION OF THE EAST LINE OF THE NE 1/4 OF SECTION 33 PREPARED BY GINGERY ASSOC. AT J.N.: D-1633.001, DATED 1980, PREPARED FOR THE CITY OF ENGLEWOOD. (N. 00° 02' 12"). PARCEL 5: LOTS 42 AND 43, BLOCK 1, TAYLORS ADDITION, COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL 6: PARCEL 6: LOTS 44 AND 45, BLOCK 1, TAYLORS ADDITION, COUNTY OF ARAPAHOE, STATE OF COLORADO. CONTACTS: APPLICANT/DEVELOPER SAUNDERS DEVELOPMENT AND WH INVESTMENTS C/O WH INVESTMENTS 3002 S. HURON ST ENGLEWOOD, CO 80110 OWNER DARTMOUTH MFP, LLC C/O WH INVESTMENTS 3002 S. HURON ST ENGLEWOOD, CO 80110 CIVIL ENGINEER ROTH LANG ENGINEERING GROUP, LLC 7853 EAST ARAPAHOE COURT, SUITE 2500 CENTENNIAL, CO 80112 PH: 303-841-9365 CONTACT: KEVIN S. ROTH, P.E, LEED AP EMAIL: KROTH@ROTHLANG.COM ARCHITECT KTGY ARCHITECTURE AND PLANNING 820 16TH STREET, SUITE 500 DENVER, CO 80202 PH: 303-825-6400 CONTACT: JAMES RONCZY EMAIL: JRONCZY@KTGY.COM LANDSCAPE ARCHITECT RUSSELL-MILLS STUDIOS 141 SOUTH COLLEGE AVENUE, SUITE 104 FORT COLLINS, CO 80524 PH: 970-484-8855 CONTACT: NATHAN STARCK, RLA NSTARCK@RUSSELLMILLSSTUDIOS.COM SURVEYOR ESI LAND SURVEYING, LLC 3531 SOUTH LOGAN STREET, UNIT D-324 ENGLEWOOD, CO 80113 EMAIL: 303-340-0113 CONTACT: DON LAMBERT, PLS EMAIL: DON@ESILAND.COM PROPERTY OWNER DARTMOUTH MFP, LLC, ACOLORADO LIMITED LIABILITY COMPANY _________________________________________ BY: BRYANT WINSLOW, MANAGER STATE OF COLORADO } } S.S. COUNTY OF ARAPAHOE } THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS___ DAY OF _______________ A.D., 20___, BY_______________________ AS _______________________ (NAME) (TITLE) OF _____________________ AN AUTHORIZED SIGNATORY. (ENTITY) BY_______________________________ WITNESS MY HAND AND SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: __________________ __________________________________________ ADDRESS __________________________________________ CITY, STATE AND ZIP CODE APPROVED FOR THE CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION CHAIRPERSON DATE PLANNING AND ZONING COMNISSION SECRETARY DATE MAYOR OF ENGLEWOOD DATE ATTESTED THE FOREGOING APPROVALS WREE ACKNOWLEDGED BEFORE ME THIS ______DAY OF ____________________, 20___ BY ___________________________________, ___________________________________, ___________________________________, AND ___________________________________. ATTEST:CITY CLERK CLERK AND RECORDER THIS PLANNED UNIT DEVELOPMENT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY AT ________ O'CLOCK __M. ON THIS _________DAY OF ___________________ A.D., 20___ . BOOK ______, PAGE ______, MAP ______, RECEPTION NO.__________________, BY: COUNTY CLERK AND RECORDER BY: DEPUTY SHEET INDEX 1 COVER SHEET 2 PUD DISTRICT PLAN 3 PUD DISTRICT PLAN 4 SITE DEVELOPMENT PLAN - NORTH 5 SITE DEVELOPMENT PLAN - SOUTH 6 PARCEL & EASEMENT DISPOSITION PLAN 7 OVERALL GRADING & UTILTY PLAN - NORTH 8 OVERALL GRADING & UTILTY PLAN- SOUTH 9 LANDSCAPE PLAN 10 LANDSCAPE PLAN 11 LANDSCAPE DETAILS 12 SHADOW STUDIES 13 LAYOUT A ELEVATIONS 14 LAYOUT B ELEVATIONS 15 LAYOUT C ELEVATIONS 16 LAYOUT D ELEVATIONS 17 LAYOUT E ELEVATIONS 18 CLUBHOUSE ELEVATIONS 19 OVERALL SITE PHOTOMETRIC PLAN 20 SITE PHOTOMETRIC PLAN – SECTOR A 21 SITE PHOTOMETRIC PLAN – SECTOR B 22 LIGHT FIXTURE SPECIFICATIONS 23 LIGHT FIXTURE SPECIFICATIONS 24 LIGHT FIXTURE SPECIFICATIONS 25 ALTA 1 26 ALTA 2 27 ALTA 3 28 ATLA 4 29 ALTA 5 30 ALTA 6 31 ALTA 7 32 ALTA 8 SITE DATA:Page 263 of 471 WH PLANNED UNIT DEVELOPMENT LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2-3 - PUD DISTRICT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:15 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPUD DISTRICT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20202 of2 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER:Page 264 of 471 WH PLANNED UNIT DEVELOPMENT LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2-3 - PUD DISTRICT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:15 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPUD DISTRICT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20203 of3 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER:Page 265 of 471 4 7 56 R=3880.71L=170.27Δ=002°30'50"N00° 04' 28"W 12.19' R=5779.65 L=101.70 Δ=001°00'29" N89° 42' 45"E 88.62' S00° 01' 27"E 628.60' S45° 11' 26"W 14.19' S89° 39' 19"W 3.21' S00° 01' 10"E 249.53' N18° 2 3 ' 1 4 " E 9 8 8 . 4 1 ' 5' SETBACK 15' UE A - PARKING STALL DETAIL 1" = 10' 8' 17' 8'8' 9' STANDARD STALL NOTE: IF OVERHANG NOT AVAILABLE ALL HEAD TO HEAD PARKING STALLS TO BE 19' DEEP SEE PLAN FOR LOCATIONS 8' 2' OVERHANG (MIN) W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2 - SITE DEVELOPMENT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:15 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANSITE DEVELOPMENT PLAN - NORTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20204NKnow what'sCallR CALL 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. below.before you dig. of4 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO 2' SETBACK 10' TRAIL ESMT 5' SETBACK 25.5' UE 25' UE 25' UE 25' UE NOTES: 1. COE STANDS FOR CITY OF ENGLEWOOD 2. ALL SIDEWALKS ARE CONCRETE. 3. ALL DRIVING SURFACES ARE ASPHALT. 4. ALL EXISTING EASEMENTS ARE PROPOSED TO BE RELINQUISHED AND THE NEW EASEMENTS AS INDICATED TO BE DEDICATED. 5. ALL INFRASTRUCTURE TO BE REMOVED HAS BEEN TURNED OFF IN THE SITE PLAN EXHIBITS. SEE ALTA SHEETS 24 -31 FOR EXISTING CONDITIONS. 6. ALL PUD SETBACKS FOR THE PROJECT ARE 2'-0'' FROM THE PROPERTY BOUNDARY LINE WITH THE EXCEPTION OF: THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST BATES AVENUE TO WEST CORNELL AVE IS 5'-0''. THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST CORNELL AVENUE TO WEST DARTMOUTH AVENUE IS 10'-0''. THE WESTERN SITE BOUNDARY IS 5'-0''. EXISTING 30' COE SEWER ESMT BOOK 3562 PAGE 533 5' SWLK 7' SWLK 5.5' SWLK 5' SWLK LINETYPE LEGEND PROPOSED EXISTING CENTERLINE OF ROAD HANDRAIL PROPERTY BOUNDARY RETAINING WALL RIGHT-OF-WAY LINE ADA ROUTE SYMBOLS LEGEND BUILDING NUMBER CROSSWALK DOOR STREET SIGN HATCHING LEGEND ADA RAMP CONCRETE PAVING ROOF / OVERHANG SIDEWALK CHASE TRUNCATED DOMES SNOW STORAGE # 7' SWLK 5.5' SWLK KEYMAP 1"=300' N MATCHLINE -5SEE SHEET24' DRIVE LANE 5' SWLK 26' FIRE LANE 24' DRIVE LANE 26' FIRE LANE 26' FIRE LANE 24' DRIVE LANE 7' SWLK 31.2' FIRE LANE 26' FIRE LANE 26' FIRE LANE 26' FIRE LANE S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW )W BATES AVE(60' ROW )24' DRIVE LANE 7' SWLK TRASH ENCLOSURE TRASH ENCLOSUREBNSF R A I L W A Y SECTION LINE 42.5' UE (VARIABLE WIDTH ESMT) 27.5' UE 7' SWLK 28.6' 11' 5.5' BLDG-PL 5.5'5.5' 52.7' 12.2' 26' CURB CUT 26' CURB CUT 26' FIRE LANE SITE TRIANGLE (TYP)SITE TRIANGLE (TYP) R20' R20'R20' CROSSPAN (TYP) CROSSPAN (TYP) R20' 25' UE 5' SWLK 21 DWELLING UNITS 31 DWELLING UNITS 21 DWELLING UNITS 31 DWELLING UNITS LOADING STALL LOADING STALL PROPERTY LINE PROPERTY LINE PROPERTY LINE ELECTRIC CAR CHARGING STATION ZONING: I-1 USE: RAIL LINES ZONING: PUD USE: RESIDENTIAL ZONING: I-1 USE: LIGHT INDUSTRIAL/COMMERCIAL 17' RTD ROW LINE CROSSPAN MAIL KIOSK SIDEWALK CHASE (TYP) HORIZONTAL SCALE: 1" = 3030 30' 0 PR ADA ROUTE (TYP) BIKE RACK (TYP)Page 266 of 471 3 1 8 9 10 11 12 2 N18° 2 3 ' 1 4 " E 9 8 8 . 4 1 ' S00° 01' 10"E 249.53'S89° 37' 08"W 143.02'S44° 49' 08"W 8.87' S00° 01' 36"W 12.51'S89° 23' 21"E 98.29'R=39.50 L=62.05 Δ=090°00'08" N89° 36' 38"E 4.23' S01° 28' 17"W 11.90'N88° 13' 28"W 455.84'W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYNKnow what'sCallR CALL 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. below.before you dig. of5 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO HORIZONTAL SCALE: 1" = 3030 30' 0 2' SETBACK 10' TRAIL ESMT 2' SETBACK 2' SETBACK 10' SETBACK 5' SWLK 7' SWLK 7' SWLK TRASH ENCLOSURE 5' SWLK WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2 - SITE DEVELOPMENT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:16 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANSITE DEVELOPMENT PLAN - SOUTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20205 TRASH ENCLOSURE ABOVE GROUND DETENTION POND KEYMAP 1"=300' N POOL MATCHLINE -4SEE SHEET24' DRIVE LANE 26' FIRE LANE 28.5' FIRELANE 26' FIRE LANE 24' DRIVE LANE 24' DRIVE LANE 19' 19' 24' DRIVE LANE 24' DRIVE LANE EX 16' ALLEY 5' SWLK 39.6' FL-FL 5' SWLK 5' SWLK RETAINING WALL W/ GUARDRAIL (TYP) S GALAPAGO ST (ROW VARIES)W DARTMOUTH AVE5.5' SWLK RETAINING WALL W/ GUARDRAIL SECTION LINE BNSF R A I L W A Y EX 16' UE 50.4' UE EX 12.5' ROW 12.2' 12.2' 26.9' 26' 16.5' 23.6' 12.1' 59.3' 11.1' LINETYPE LEGEND PROPOSED EXISTING CENTERLINE OF ROAD HANDRAIL PROPERTY BOUNDARY RETAINING WALL RIGHT-OF-WAY LINE ADA ROUTE SYMBOLS LEGEND BUILDING NUMBER CROSSWALK DOOR STREET SIGN HATCHING LEGEND ADA RAMP CONCRETE PAVING ROOF / OVERHANG SIDEWALK CHASE TRUNCATED DOMES SNOW STORAGE # 24' DRIVEWAY CURB CUT SIGHT DISTANCE TRIANGLE (TYP) SIGHT DISTANCE TRIANGLE (TYP) RETAINING WALL 49.5' UE 5' SETBACK ALLEY TO BE REPAVED WITH THIS PROJECTTREE TO BE REMOVED VARIABLE WIDTH UE 25' UE CLUBHOUSE 21 DWELLING UNITS 21 DWELLING UNITS 21 DWELLING UNITS 30 DWELLING UNITS LOADING STALL LOADING STALL 2' VALLEY PAN PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE ELECTRIC CAR CHARGING STATION ZONING: PUD USE: R-2-B ZONING: M-U-R-3A USE: COMMERCIAL ZONING: R-2-B USE: RESIDENTIAL ZONING: I-1 USE: RAIL LINES DARTMOUTH RIW USE TRANSPORTATION/ CORRIDOR 24' ACCESS ESMT RTD ROW LINE 2 DWELLING UNITS 2 DWELLING UNITS 2 DWELLING UNITS RIPRAP POND OVERFLOW EX TRAIL CONCRETE LANDING (TYP) LIGHTPOLE (TYP)ADA RAMP (TYP) POND MAINTENANCE ACCESS PATH NOTES: 1. COE STANDS FOR CITY OF ENGLEWOOD 2. ALL SIDEWALKS ARE CONCRETE. 3. ALL DRIVING SURFACES ARE ASPHALT. 4. ALL EXISTING EASEMENTS ARE PROPOSED TO BE RELINQUISHED AND THE NEW EASEMENTS AS INDICATED TO BE DEDICATED. 5. ALL INFRASTRUCTURE TO BE REMOVED HAS BEEN TURNED OFF IN THE SITE PLAN EXHIBITS. SEE ALTA SHEETS 24 -31 FOR EXISTING CONDITIONS. 6. ALL PUD SETBACKS FOR THE PROJECT ARE 2'-0'' FROM THE PROPERTY BOUNDARY LINE WITH THE EXCEPTION OF: THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST BATES AVENUE TO WEST CORNELL AVE IS 5'-0''. THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST CORNELL AVENUE TO WEST DARTMOUTH AVENUE IS 10'-0''. THE WESTERN SITE BOUNDARY IS 5'-0''. 2' SETBACK 10' SETBACK PROJECT SIGN MATCH FLOWLINE. CONNECT TO EX C&G. PR ADA ROUTE (TYP) BIKE RACK (TYP) PR FENCE EX 40' CURB CUT LIMITS OF REDEVELOPMENT PR SWALE (TYP) 24' ACCESS ESMT Page 267 of 471 4 7 5 3 1 8 9 10 11 12 6 2 S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW)BNSF R A I L W A Y (WIDT H V A R I E S )W BATES AVE(60' ROW)VARIABLE WIDTH PUBLIC ROW 16' PUBLIC ALLEY (TO BE VACATED)NHORIZONTAL SCALE: 1" = 4040 40' 0 LEGEND: CDOT PROPERTY PUBLIC ROW TO REMAIN PUBLIC ROW TO BE VACATED UTILITY EASEMENT 10' TRAIL EASEMENT 24' ACCESS EASEMENT EXISTING UTILITY EASEMENT TO REMAIN EXISTING EASEMENT TO BE VACATED BUILDING NUMBERS ## WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20206 of6 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO NOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE. CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLE WORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLAT PROCESS WILL CREATE THE FINAL LIMITS.Page 268 of 471 UP UP DN UNIT 0A.0 1 /A5-010 UNIT 1B.1 2 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.0 1 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-1204 7 56 F F 0.664' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 8" PVC 8" PVC8" PVC 6" PVC6" PVC6" PVC8" PVC 8" PVC 8 " PVC 8" PVC 8" PVC 8" PVC8" PVC8" PVC4' DIA MH8" PVCFH 6" DIP 8 " PVC 8" PVC 8" PVC8" PVC8" PVC 8" PVC8" PVC8" PVC 8" PVC 8" PVC 8" PVC 8" PVC 6" FIRE SVC 2" WAT SVC 6" FIRE SVC FH6" DIP8" GV 8" GV FDC FDC FDC 2" WAT SVC 2" WAT SVC 6" FIRE SVC 6" FIRE SVC 2" WAT SVC FDC ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) POND A STORMTECH UNDERGROUND DETENTION CHAMBER (SEE CONSTRUCTION PLANS) ROOF DRAIN (SEE SHEET C9.70) INLET TYPE 13 SINGLE COMBO 5' TYPE R INLET 6' DIA WQ MH BARRACUDA STRCT 4' DIA MH 5' TYPE R INLET (PUBLIC)15" RCP EX 4' DIA MH EX 18" RCP CONNECT TO EX 8" WAT 4' DIA MH 15" RCP 12" PVC TYPE C INLET 12" PVC4' DIA MH 12" PVC 4' DIA MH 6' DIA MH BAYSAVER BARRACUDA 5' TYPE R INLET INLET TYPE 13 SINGLE COMBO 15" RCP 4' DIA MH 6' DIA MH BAYSAVER BARRACUDA 18" RCP 5' TYPE R INLET 15" RCP5' TYPE R INLET 12" PVC 12" INLET LS 4' DIA MH 42.54' UE 27.61' UE 15' UE 8" GV 25' UE 25' UE 15' UE 25' UE 15' UE 25' UE 8" GV 8" GV R=3880.71L=170.27Δ=002°30'50" R=5779.65L=101.70Δ=001°00'29" N00° 04' 28"W 12.19'N89° 42' 45"E 88.62'EX 30' UE S GALAPAGO STW BATES AVE5302 53025303 53 0 2 5303 5302 5302530253 0 2 530353035302 5303 5303 5 3 0 2 53025303530453045304 5 304 5304 53025302 530 2 5302 5304 5303 5304 5303 POND B STORMTECH UNDERGROUND DETENTION CHAMBER (SEE CONSTRUCTION PLANS) CHARGE STATION 12" INLET LS 8" PVC 12" INLET LS 8" PVC 12" INLET LS 8" PVC 8" PVC 8" PVC 8" PVC 12" INLET LS 12" INLET LS 8" PVC8" PVC 8" PVC 8" PVC 8" PVC 12" INLET LS 12" INLET LS 15" RCP 8" PVC 4' DIA MH 15" RC P SINGLE No. 16 VALLEY INLET 8" PVC 8" PVC 8" PVC 5' TYPE R INLET 15" RCP 8'' PVC 18" RCP 15" RCP 6" PVC 8" PVC 8" PVC 8" PVC 8" P V C 12" INLET LS 18" RCP8'' PVC8'' PVC8'' PVC15" RCP 8" PVC TYPE C INLET 8" P V C 5' TYPE R INLET 12" INLET LS 8'' PVC 8'' PVC 8'' PVC 8'' PVC 8'' PVC 12'' PVC 2'' PVC FORCE MAIN (TYP) 53035302 5302 5301 5302 5302 5303530353025303 5302 5303 5303 5303 5302 5303 5302 5302 5303 53 0 3 530 3 6" PVC UNDERDRAIN 4'' PVC UNDERDRAIN 12" INLET LS 8'' PVC 12" INLET LS 8'' PVC 12" INLET LS 12'' PVC 12" PVCSINGLE No. 16 VALLEY INLET 8'' PVC 8'' PVC 2'' PVC FORCE MAIN 53025 3 0 2 5302 W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYHORIZONTAL SCALE: 1" = 3030 30' 0MATCHLINE -8SEE SHEETNKEYMAP 1"=300' N LINETYPE LEGEND PROPOSED EXISTING FIRE SERVICE GAS LINE OVERHEAD POWER SANITARY SEWER STORM SEWER WATER LINE SYMBOLS LEGEND CLEANOUT CURB STOP/ CORP STOP ELECTRIC METER FIRE DEPARTMENT CONNECTION FIRE HYDRANT GAS METER GATE VALVE LIGHT POLE ROOF DRAIN SANITARY MANHOLE STORM INLET STORM MANHOLE TRANSFORMER F F F F F F F EM EM GM GM RD T WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6-7 - OVERALL GRADING & UTILTY PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:17 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANOVERALL GRADING & UTILTY PLAN - NORTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20207 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: BENCHMARK: THE BENCHMARK USED FOR THIS SURVEY IS CITY OF DENVER BENCHMARK 46. A CCD BRASS CAP AT THE NORTHEAST CORNER OF SOUTH BROADWAY AND EAST YALE AVENUE. ELEV=5296.86 NAVD 88 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO of7 32 Page 269 of 471 W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYEM UPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. ROOMUNIT 0A.0UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 0A.0 (TYPE A)2 /A5-0108.11% DN6.90% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUPFDCUNIT 2B.01 /A5-220UNIT 1C.01 /A5-130UNIT 2C.01 /A5-230STAIR 1STAIR 2UNIT 1B.2 (TYPE A)1 /A5-121WATER ENTRYCOMM.6.25% DN8.33% DN8.33% DNUNIT 2B.0 (TYPE A)2 /A5-220C CUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP UP 12344321FILING 3 1 8 9 10 11 12 2 F FFFFFFFFFFFFFF°115458" CO 4' DIA MH EX 4' DIA MH 8" CO 4' DIA MH 4' DIA MH 4' DIA MH DEEP MH W/ PLATFORM 4' DIA MH DEEP MH W/ PLATFORM EX 4' DIA MH 4' DIA MH 6" CO 8" CO EX 4' DIA MH 6" PVC8" PVC8" PVC8" PVC 6" PVC 6" PVC 6" PVC 8" PVC 6" PVC8" PVC6" PVC8" PVC8" PVC8" PVC 8" PVC8" PVC8" PVC 8" PVC EX 24"EX 24"EX 24"EX 24" 8" PVC 8" PVC 8" PVC 8" PVC 6" DIP FH 8" PVC8" PVC 8" PVC 8" PVC 8" PVC 2" WAT SVC 6" FIRE SVC6" FIRE SVC 2" WAT SVC 6" DIP FH 2" WAT SVC 6" FIRE SVC 8" PVC8" PVC1 1/4" WAT SVC 1 1/4" WAT SVC 1 1/4" WAT SVC 6" FIRE SVC2" WAT SVC FDC 6" GV 6" GV 6" GV6" GV FH 6" DIP 2" WAT SVC 6" FIRE SVC FH 6" DIPROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) FDC INLET TYPE 13 15" RCP5' DIA MH 18" RCP 5' DIA MH 18" RCP INLET TYPE 13 15" RCP 4' DIA MH12" PVC18" RCP 5' TYPE R INLET 4' DIA MH 18" RCP 6' DIA MH 36" RCP 36" RCP 5' TYPE R INLET 36" RCP6' DIA MH 36" RC P 4' DIA MH (PUBLIC) 15" RCP POND OUTLET (SEE SHEET C11.10 FOR DETAIL)15" RCP15" RCP 4' DIA MH (PUBLIC) EX TYPE CEX 18" RCP24" RCP 5' TYPE R INLET 24" RCPDOUBLE No. 16 VALLEY INLET 18" RCP 5' DIA MH 18" RCP INLET TYPE 13 SINGLE COMBO 8'' X 12'' TEE WITH 8'' CO 4' DIA MH 6' DIA MH 4' DIA MH EX 15" RCP EX 4' DIA MH EX 1 5 " R C P 4' DIA MH EX 15" RCPEX 4' DIA MH 5' TYPE R INLET EX 15" RCP EX 4' DIA MH EX GAS LINE FDC 42.54' UE GAS LINE EX GAS LINE 27.61' UE 25' UE 10 TRAIL ESMT 25' UE 12" INLET LS 12" INLET LS 8" GV 8" GV 8" GV 36.5' UE S00° 01' 10"E 249.53'S89° 37' 08"W 143.02'N00° 01' 36"E 167.23' S44° 49' 08"W 8.87' S00° 01' 36"W 12.51' N89° 36' 38"E 4.23' S01° 28' 17"W 11.90'S89° 23' 21"E 98.29'R=39.50L=62.05Δ=090°00'0 8 " S00° 35' 00"W 8.48'N88° 13' 28"W 455.84'N18° 2 3 ' 1 4 " E 9 8 8 . 4 1 ' EX 4' DIA MH EX GAS LINE 49.4' UE50.1' UE S89° 39' 19"W 3.21' S45° 11' 26"W 14.19'W CORNELL AVES GALAPAGO ST W DARTMOUTH AVE53 0 2 53015301 5299 529852975 2 9 6 52 9 5 52945300 5300 5299 5300 5302 5302 5 3 0 3 530353 0 0 5299 530253025301 53005 3 0 0 5302 5301529952975296529552955296 529052945292528852955295529752995299529852975300 53035302 5302 5302 5302 5302 52965295POND C (SEE CONSTRUCTION PLANS) CHARGE STATION CHARGE STATION SINGLE No. 16 VALLEY INLET 5302 15" RCP 5303 5302 5303 5 3 0 3 5303 5304 5 3 0 2 5302 5302 5303 5302530253035302 5301 5 3 0 2 5302 5302 530 2 530153005303 5302 5301 53035302 530253015300 53005301 5301 53005300530253015300 5299 5300 5 3 0 1 52985300 5296529552945293529252915290528952895289 5288 5301 5301 530153015301 5301 53 0 3 5302 5301 530 1 53025301530053008'' PVC 8'' PVC8'' PVC 12'' PVCINLET TYPE 13 8'' PVC8'' PVC8'' PVC8" PVC 8" PVC 12" INLET LS 8" PVC 6" PVC 12" INLET LS 12" INLET LS 12'' PVCEX 8" PVC 8'' PVC 8'' PVC 8'' PVC 8'' PVC8'' PVC15" RCP 5' DIA MH 24" RCP 15" RCP 18" RCP8" PVC8'' PVC8'' PVC8'' PVC 8'' PVC HORIZONTAL SCALE: 1" = 3030 30' 0NKEYMAP 1"=300' N MATCHLINE -7SEE SHEETLINETYPE LEGEND PROPOSED EXISTING FIRE SERVICE GAS LINE OVERHEAD POWER SANITARY SEWER STORM SEWER WATER LINE SYMBOLS LEGEND CLEANOUT CURB STOP/ CORP STOP ELECTRIC METER FIRE DEPARTMENT CONNECTION FIRE HYDRANT GAS METER GATE VALVE LIGHT POLE ROOF DRAIN SANITARY MANHOLE STORM INLET STORM MANHOLE TRANSFORMER F F F F F F F EM EM GM GM RD T WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6-7 - OVERALL GRADING & UTILTY PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:18 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANOVERALL GRADING & UTILTY PLAN- SOUTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20208 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: BENCHMARK: THE BENCHMARK USED FOR THIS SURVEY IS CITY OF DENVER BENCHMARK 46. A CCD BRASS CAP AT THE NORTHEAST CORNER OF SOUTH BROADWAY AND EAST YALE AVENUE. ELEV=5296.86 NAVD 88 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO of8 32 Page 270 of 471 FFFFFFFFF TTTTUPUPDNUPUPUPUPDNGALAPAGO STREETRAIL LINES &SANTA FE DRIVE1 JSC15 SAJ15 SAJ1 UAL1 ACM10 HEM10 HRC15 SAJDIRECTIONALSIGN(8) BIKE PARKING STALLS(8) BIKE PARKING STALLS(8) BIKE PARKING STALLS(8) BIKE PARKINGSTALLS(8) BIKE PARKINGSTALLSFUTURE TRAILEASEMENT3 PAS2 PAS1 MAD1 ZGV1 ACM1 ARM1 QUB1 GTS2 GTS1 GTS2 GDE2 GDE4 JSSTYPE 1SECURITY FENCESHT. 10BTYP. OF 4TRASH ENCLOSURESHT. 10ATYP. OF 4TRASH ENCLOSURESHT. 10ABIKE RACKSSHT. 10CPLANTINGDECIDUOUS TREESHT.10DPLANTINGEVERGREEN TREESHT.10E3 ARMBUILDING 7BUILDING 4BUILDING 5BUILDING 6MATCHLINE SEE SHEET 9 MATCHLINE SEE SHEET 8Total Site Area 288,842 sfRequired RLA = 72,210Provided RLA = 62,975 s.f.Non-Living material = 21,663 s.f.Street Frontage 914 l.f.Total Required Trees (TRT) = 116Total Required Shrubs (TRS) = 722TRT Between Principal Structure and Curb = 58TRS Between Principal Structure and Curb = 217IRRIGATED SOD(3 TYPE BLUEGRASS HYBRID BLEND W/20% TEXAS BLUEGRASS)9,315 S.F.GRAVEL MULCHCOLOR: WHITE COBBLESTONESIZE RANGE: 2-4"35,990 S.F.STEEL EDGER (6" ht. / 7gauge min.)NATIVE SEED15, 225 S.F.ARTIFICIAL TURFGRASSSYNLAWN BLUEGRASS OR EQUAL665 S.F.C.I.P. CONCRETE SCREEN WALLBOARDFORM FINISHSECURITY FENCETYPE 1: 8 FT. HEIGHTTYPE 2: 5 FT. HEIGHTPROPERTY LINE8 FT. FIXED BENCH ON CONCRETE PADTRASH & RECYCLING RECEPTACLEPET TRASH BAG DISPENSERC.I.P. CONCRETE MONUMENT SIGNBY OTHERSDECOMPOSED GRANITE PAVING4" DEPTH1,780 S.F.INTEGRAL COLORED CONCRETEPAVING3,125 S.F.BIKE RACKTABLE AND UMBRELLADIRECTIONAL SIGNAGE, BY OTHERSPLANTING POTLANDSCAPE LEGENDMATERIALS LEGENDLANDSCAPE DATACRANE RELICSEVERGREEN SHRUB LISTQTY = 24836 JHW JUNIPERUS HOR.WILTON CARPET 5 GAL. 4-6"6-10' 'WILTONI'JUNIPER70 JHB JUNIPERUS HOR.BUFFALO JUNIPER5 GAL 1-2'5-6''BUFFALO'43 JCC JUNIPERUS SABINA CALGARY CARPET5 GAL 1.5-2' 3-4''CALGARY CARPET' JUNIPER81 LVL LIGUSTRUM VUL.LODENSE PRIVET5 GAL. 2-3'3-4''LODENSE'18 PMM PINUS MUGO'MOPS' MOPS MUGO PINE5 GAL. 2.5-3' 2.5-3'ORNAMENTAL TREESQTY = 18 TOTAL4 ARM ACER GRANDIDENTATUM ROCKY MOUNTAIN 2.5" CAL. 20-25' 12-15''ROCKY MOUNTAIN GLOW' BIGTOOTH GLOW MAPLE5 MAD MALUS 'ADIRONDACK' ADIRONDACK CRABAPPLE 2.5" CAL. 12'6'5 PCC PRUNUS CERASIFERA CRIMSON POINT PLUM 2.5" CAL. 20-30' 8-10''CIPRIOZAM'4 PYC PYRUS CALLERYANA CHANTICLEER PEAR 2.5" CAL. 40'15''CHANTICLEER'QTYSYMBOTANIC NAMECOMMON NAMESIZEHEIGHTWIDTHDECIDUOUS TREESQTY = 39 TOTAL5 ACF ACER FREEMANIIAUTUMN BLAZE MAPLE 3" CAL. / B&B 40-50' 20-30'2 ACM ACER MIYABEISTATE STREET MAPLE 3" CAL 40-50' 20-30''MORTONS'4 GTS GLEDITSIA TRIACANTHOS SKYLINE HONEYLOCUST 3" CAL./B&B 40-50' 35-45'INERMIS 'SKYCOLE'7 GDE GYMNOCLADUS DIOICA ESPRESSO KENTUCKY 3" CAL./B&B 50-60' 30-35''ESPRESSO'COFFEETREE4 PLO PLATANUS OCCIDENTALIS AMERICAN SYCAMORE 3" CAL./B&B 50-60' 30-35'4 QUB QUERCUS BUCKLEYI TEXAS RED OAK3" CAL./B&B 40-50'' 25-30'6 QUR QUERCUS MACROCARPA CHINKAPIN OAK3" CAL./B&B 40-50' 40-50'5 ULA ULMUS 'ACCOLADE' ACCOLADE ELM3" CAL./B&B 50-60' 30-35'2 ZVG ZELKOVA SERRATA VILLAGE GREEN ZELKOVA 3" CAL / B&B XX-XX' XX-XX''VILLAGE GREEN'EVERGREEN TREESQTY = 20 TOTAL3 JSC JUNIPERUS SCOPULORUM COLORGREEN JUNIPER 6' HT. 16-20' 8-12''COLOGREEN'7 JSS JUNIPERUS SCOPULORUM SKYROCKET JUNIPER 6' HT. 15-20' 3-4''SKYROCKET'3 PPF PICEA PUNGENS COLUMNAR SPRUCE 6' HT. 40'10' 'FASTIGIATA'7 PAS PINUS NIGRAARNOLD'S SENTINEL 6' HT. 25'7''ARNOLD'S SENTINEL' COLUMNAR AUSTRIAN PINEQTY = 745DECIDUOUS SHRUBS9 ARC ARCTOSTAPHYLUS MOCK BEARBERRY 5 GAL. 1-2'3-4'X COLORADENSISMANZANITA25 ABR ARONIA ARBUTIFOLIA RED BRILLIANT 5 GAL. 6-10' 4-6''BRILLIANTISSIMA'CHOKEBERRY9 BMM BUDDLEIA 'MISS MOLLY' MISS MOLLY BUTTERFLY 5 GAL. 5'5'BUSH28 CAI CARYOPTERIS X INCANA BLUE MIST SPIREA5 GAL. 3-4'2-3'14 CPB CERASUS PUMILA BESSEYI SANDCHERRY5 GAL. 5-6'5-682 CSF CORNUS STOLONIFERA ARCTIC FIRE DOGWOOD 5 GAL. 3-4'3-4''FARROW'59 CYP CYTISUS PURGANS SPANISH GOLD BROOM 5 GAL. 3-4'5-6'49 EAC EUONYMUS ALTA DWARF BURNING BUSH 5 GAL. 5-6'5-6''COMPACTUS'14 FON FORESTIERA NEOMEXICANA NEW MEXICO PRIVET 5 GAL. 12-18' 8-12'30 MAR MAHONIA REPENSCREEPING OREGON 5 GAL 1-2'2-3'GRAPE HOLLY27 PEA PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE5 GAL. 4-5'4-5'16 PHM PHYSOCARPUS MONO. MOUNTAIN NINEBARK 5 GAL. 3-4'3-4'113 PPB PRUNUS BESSEYIPAWNEE BUTTES WESTERN 5 GAL. 1-2'5-6''PAWNEE BUTTES'SAND CHERRY13 PRG PRUNUS GLANDULOSA PINK FLOWERING ALMOND 5 GAL. 4-6'4-6'52 RGL RHUS AROMATICA GRO-LOW SUMAC5 GAL. 2-3'6-8''GROW-LOW'30 RHT RHUS TRILOBATAAUTUMN AMBER SUMAC 5 GAL. 10-14" 6-8'33 RIA RIBES ALPINUMALPINE CURRANT5 GAL. 3-5'3-5'107 SPG SPIREA X BUMALDA GOLDFLAME SPIREA 5 GAL. 3-4'4-5''GOLDFLAME'19 SMK SYRINGA PUBESCENS MISS KIM LILAC5 GAL. 4-6'5-7''MISS KIM'30 VMM VIBURNUM BUREJAETICUM MINI MAN DWARF 5 GAL. 4-6'4-6'VIBURNUMORNAMENTAL GRASSESQTY = 711154 BBA BOUTELOUA GRACILIS BLOND AMBITION1 GAL. 20-24" 20-24"'BLOND AMBITION'BLUE GRAMA157 CAB CALAMAGROSTIS KOREAN FEATHER1 GAL. 3-4'3'BRACHYTRICHAREED GRASS30 HES HELICTOTRICHON BLUE OAT GRASS1 GAL. 20-24" 2-4'SEMPERVIRENS14 MSG MISCANTHUS SINENIS MAIDEN GRASS1 GAL. 5-6'5-6''GRACILLIMUS'77 MSD MISCANTHUS SINENIS DWARF VARIEGATED 1 GAL. 2-3'3-4''DIXIELAND'MAIDEN GRASS30 MUR MUHLENBERGIA UNDAUNTED1 GAL. 15-18" 18-24"REVERCHONIIMUHLY GRASS123 PAH PENNISETUM ALOP. DWARF FOUNTAIN 1 GAL. 2-3'2-3''HAMELN'GRASS40 SCS SCHIZACHYRIUMLITTLE BLUESTEM1 GAL. 2-3'2'SCOPARIUM99 SPH SPOROBOLUS PRAIRIE DROP SEED 1 GAL. 1.5-2' 18-24"HETEROLEPISPERENNIALSQTY = 2376 AMO ACHILLEA X 'MOONSHINE'MOONSHINE YARROW 1 GAL. 18"-24" 12" 6 APO ACHILLEA X 'POMEGRANATE' TUTTI FRUTTI YARROW 1 GAL. 18"-24" 18-24"8 ACS ARABIS CAUCASICA 'SNOWCAP' WHITE ALPINE ROCKCRESS 1 GAL.5 DME DELASPERMA 'KELAIDIS'MESA VERDE ICEPLANT 1 GAL.18 HEM HEMEROCALLISJOLYENE NICHOLE DAYLILY 1 GAL. 13-14" 18-24"'JOLYENE NICHOLE'9 HRC HEMEROCALIS 'ROCKET CITY' ROCKET CITY DAYLILY 1 GAL. 24-36" 24-30"9 HHY HEMEROCALLIS X 'HYPERION' HYPERION DAYLILY 1 GAL. 18"24-30"6 ISI IRIS SIBERICASIBERIAN IRIS1 GAL.32 LXI LAVANDULA X INTERMEDIA PHENOMENAL LAVENDER 1 GAL. 24-36" 24-30"PHENOMENAL12 LXS LEUCHANTHEMUM X SHASTA DAISY1 GAL. 2-3'2'SUPERBUM32 RHI RUDBECKIA HIRTABLACK-EYED SUSAN 1 GAL. 24-36" 12-24"16 SOF SALVIA OFFICINALISPURPLE SAGE1 GAL. 12-24" 12-18"'PURPURASCENS'30 SAJ SEDUM 'AUTUMN JOY'AUTUMN JOY STONECROP 1 GAL. 18-24" 18-24"32 VIN VINCA MINOR 'BOWLES'BOWLES BLUE VINCA 1 GAL. 6"-8" 12"-24"LANDSCAPE SCHEDULEGENERAL LANDSCAPE NOTES:1. ALL LANDSCAPING AND PLANTS TO BE LOCATED NOT TO INTERFERE WITH EXISTING OR PROPOSED UTILITIES CONTRACTOR SHALL VERIFY LOCATION OF ALLUNDERGROUND UTILITIES, LINES AND STRUCTURES PRIOR TO EXCAVATION OR TRENCHING. DAMAGE TO THESE UTILITIES SHALL BE REPAIRED BY THECONTRACTOR AT NO COST TO THE OWNER OR LANDSCAPE ARCHITECT.2. ALL PLANT MATERIALS SHALL BE IN ACCORDANCE WITH AAN (AMERICAN ASSOCIATION OF NURSERYMEN) SPECIFICATIONS FOR NUMBER ONE GRADE.3. PLANT QUANTITIES SHOWN FOR INFORMATION PURPOSES ONLY, CONTRACTOR TO VERIFY ALL QUANTITIES.4. ALL TREE AND SHRUB LOCATIONS SHALL BE STAKED BY CONTRACTOR AND APPROVED BY LANDSCAPE ARCHITECT.5. PLANT SUBSTITUTIONS WILL NOT BE PERMITTED WITHOUT APPROVAL FROM LANDSCAPE ARCHITECT.6. PLANTS SHALL BE INSTALLED IMMEDIATELY UPON DELIVERY TO SITE, IF THIS IS NOT POSSIBLE, PLANTS SHALL BE HEELED IN AND WATERED TO PREVENTDEHYDRATION.7.SOIL AMENDMENT:SOD AREAS - 4 C.Y. PER 1,000 S.F. OF COMPOST TILLED INTO 4" OF EXISTING SOIL. APPLY DIAMONIUM PHOSPHATE (18-46-0) AT ONE HUNDRED (100) POUNDSNITROGEN PER ACRE.SHRUB AND PLANTING BEDS - 4" OF COMPOST TILLED INTO 6" OF EXISTING SOIL.ACCEPTABLE PRODUCT: CLASS I COMPOST. COMPOSTED MATERIAL SHALL CONSIST OF AGED ORGANIC MATTER, FREE OF WEED OR OTHER NOXIOUS PLANTSEEDS, LUMPS, STONES, OR OTHER FOREIGN CONTAMINANTS HARMFUL TO PLANT LIFE, AND HAVING THE FOLLOWING CHARACTERISTICS BASED ON ANUTRIENT TEST PERFORMED NO LONGER THAN 3 MONTHS PRIOR TO ITS INCORPORATION INTO THE PROJECT:A. ORGANIC MATTER: 25% MINIMUM.B. SALT CONTENT: 5.0 MMHOS/CM MAXIMUMC. PH: 7.5 MAXIMUM.D. CARBON TO NITROGEN RATIO OF 10:1 TO 20:18. SOD TO BE REPLACED OVER ALL TRENCHED IRRIGATION LINES.9. INSTALL 4" OF ORGANIC WOOD MULCH IN EXISTING PLANTING BEDS AND TREE PLANTING PITS THAT HAVE BEEN DISTURBED OR ENLARGED. MULCH TO MATCHEXISTING.10. ALL DAMAGED OR DEAD PLANT MATERIAL TO BE REPLACED. CONTRACTOR TO PROVIDE WATER THROUGHOUT CONSTRUCTION PERIOD.830SHEET NUMBER:ISSUE DATE: DATE REVISIONS BY PREPARED FOR:DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADOWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN LANDSCAPE PLAN DARTMOUTH MFP, LLC3002 SOUTH HURON STREET ENGLEWOOD, CO 80110NMSNMS18120109/25/20 82245 CURTIS STREET,SUITE100 DENVER, COLORADO 80238 TEL: 303.709.07040 15'30'30'60'N O R T HScale:LANDSCAPE PLAN1" = 30'-0"A99 of 32Page 271 of 471 TT FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF F F F F F F F F F F F F F F FFFFFFFFFT T T TTEMGMGMGMEMEMUPUPDNDNUPUPUPUPUPCCWCRAIL LINES & SANTA FE DRIVEGALAPAGO STREET2 PPF1 QUR2 MAD1 QUR1 PLO32 VIN1 QUB1 ZGV2 UAL8 HEM8 HRC1 UAL2 POL2 GDE1 GDE3 ACF2 ACF1 UAL4 AMO5 DMEMONUMENT SIGNDIRECTIONALSIGN(8) BIKE PARKINGSTALLS(8) BIKE PARKINGSTALLS(4) BIKE PARKINGSTALLS(8) BIKE PARKING STALLS(4) BIKE PARKINGSTALLS(4) BIKE PARKINGSTALLSDOGPARKDIRECTIONALSIGNDETENTIONPONDFUTURE TRAILEASEMENT1 PYC1 PYC1 PCC1 PCC1 MAD1 PYC5 HEM5 HRC1 PAS2 QUR2 QUB1 GTS1 MAD1 PAS3 JSS1 POL2 QURBIKE RACKSSHT.10CTYP. OF 4TRASH ENCLOSURESHT.10ATYPE 1FENCESECURITYSHT.10BTYP. OF 4TRASH ENCLOSURESHT.10APLANTINGDECIDUOUS TREESHT.10DPLANTINGEVERGREEN TREESHT.10ETYPE 2FENCESECURITYSHT.10BTYPE 2FENCESECURITYSHT.10BBUILDING 8BUILDING 9BUILDING 12BUILDING 11BUILDING 10 BUILDING 2CLUBHOUSEBUILDING 3MATCHLINE SEE SHEET 9MATCHLINE SEE SHEET 8 STEEL EDGER (6" ht. / 7gauge min.)C.I.P. CONCRETE SCREEN WALLBOARDFORM FINISHSECURITY FENCETYPE 1: 8 FT. HEIGHTTYPE 2: 5 FT. HEIGHTPROPERTY LINE8 FT. FIXED BENCH ON CONCRETE PADTRASH & RECYCLING RECEPTACLEPET TRASH BAG DISPENSERC.I.P. CONCRETE MONUMENT SIGNBY OTHERSBIKE RACKTABLE AND UMBRELLADIRECTIONAL SIGNAGE, BY OTHERSPLANTING POTLANDSCAPE LEGENDCRANE RELICSEVERGREEN SHRUB LISTQTY = 24836 JHW JUNIPERUS HOR.WILTON CARPET 5 GAL. 4-6"6-10' 'WILTONI'JUNIPER70 JHB JUNIPERUS HOR.BUFFALO JUNIPER5 GAL 1-2'5-6''BUFFALO'43 JCC JUNIPERUS SABINA CALGARY CARPET5 GAL 1.5-2' 3-4''CALGARY CARPET' JUNIPER81 LVL LIGUSTRUM VUL.LODENSE PRIVET5 GAL. 2-3'3-4''LODENSE'18 PMM PINUS MUGO'MOPS' MOPS MUGO PINE5 GAL. 2.5-3' 2.5-3'ORNAMENTAL TREESQTY = 18 TOTAL4 ARM ACER GRANDIDENTATUM ROCKY MOUNTAIN 2.5" CAL. 20-25' 12-15''ROCKY MOUNTAIN GLOW' BIGTOOTH GLOW MAPLE5 MAD MALUS 'ADIRONDACK' ADIRONDACK CRABAPPLE 2.5" CAL. 12'6'5 PCC PRUNUS CERASIFERA CRIMSON POINT PLUM 2.5" CAL. 20-30' 8-10''CIPRIOZAM'4 PYC PYRUS CALLERYANA CHANTICLEER PEAR 2.5" CAL. 40'15''CHANTICLEER'QTYSYMBOTANIC NAMECOMMON NAMESIZEHEIGHTWIDTHDECIDUOUS TREESQTY = 39 TOTAL5 ACF ACER FREEMANIIAUTUMN BLAZE MAPLE 3" CAL. / B&B 40-50' 20-30'2 ACM ACER MIYABEISTATE STREET MAPLE 3" CAL 40-50' 20-30''MORTONS'4 GTS GLEDITSIA TRIACANTHOS SKYLINE HONEYLOCUST 3" CAL./B&B 40-50' 35-45'INERMIS 'SKYCOLE'7 GDE GYMNOCLADUS DIOICA ESPRESSO KENTUCKY 3" CAL./B&B 50-60' 30-35''ESPRESSO'COFFEETREE4 PLO PLATANUS OCCIDENTALIS AMERICAN SYCAMORE 3" CAL./B&B 50-60' 30-35'4 QUB QUERCUS BUCKLEYI TEXAS RED OAK3" CAL./B&B 40-50'' 25-30'6 QUR QUERCUS MACROCARPA CHINKAPIN OAK3" CAL./B&B 40-50' 40-50'5 ULA ULMUS 'ACCOLADE' ACCOLADE ELM3" CAL./B&B 50-60' 30-35'2 ZVG ZELKOVA SERRATA VILLAGE GREEN ZELKOVA 3" CAL / B&B XX-XX' XX-XX''VILLAGE GREEN'EVERGREEN TREESQTY = 20 TOTAL3 JSC JUNIPERUS SCOPULORUM COLORGREEN JUNIPER 6' HT. 16-20' 8-12''COLOGREEN'7 JSS JUNIPERUS SCOPULORUM SKYROCKET JUNIPER 6' HT. 15-20' 3-4''SKYROCKET'3 PPF PICEA PUNGENS COLUMNAR SPRUCE 6' HT. 40'10' 'FASTIGIATA'7 PAS PINUS NIGRAARNOLD'S SENTINEL 6' HT. 25'7''ARNOLD'S SENTINEL' COLUMNAR AUSTRIAN PINEQTY = 745DECIDUOUS SHRUBS9 ARC ARCTOSTAPHYLUS MOCK BEARBERRY 5 GAL. 1-2'3-4'X COLORADENSISMANZANITA25 ABR ARONIA ARBUTIFOLIA RED BRILLIANT 5 GAL. 6-10' 4-6''BRILLIANTISSIMA'CHOKEBERRY9 BMM BUDDLEIA 'MISS MOLLY' MISS MOLLY BUTTERFLY 5 GAL. 5'5'BUSH28 CAI CARYOPTERIS X INCANA BLUE MIST SPIREA5 GAL. 3-4'2-3'14 CPB CERASUS PUMILA BESSEYI SANDCHERRY5 GAL. 5-6'5-682 CSF CORNUS STOLONIFERA ARCTIC FIRE DOGWOOD 5 GAL. 3-4'3-4''FARROW'59 CYP CYTISUS PURGANS SPANISH GOLD BROOM 5 GAL. 3-4'5-6'49 EAC EUONYMUS ALTA DWARF BURNING BUSH 5 GAL. 5-6'5-6''COMPACTUS'14 FON FORESTIERA NEOMEXICANA NEW MEXICO PRIVET 5 GAL. 12-18' 8-12'30 MAR MAHONIA REPENSCREEPING OREGON 5 GAL 1-2'2-3'GRAPE HOLLY27 PEA PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE5 GAL. 4-5'4-5'16 PHM PHYSOCARPUS MONO. MOUNTAIN NINEBARK 5 GAL. 3-4'3-4'113 PPB PRUNUS BESSEYIPAWNEE BUTTES WESTERN 5 GAL. 1-2'5-6''PAWNEE BUTTES'SAND CHERRY13 PRG PRUNUS GLANDULOSA PINK FLOWERING ALMOND 5 GAL. 4-6'4-6'52 RGL RHUS AROMATICA GRO-LOW SUMAC5 GAL. 2-3'6-8''GROW-LOW'30 RHT RHUS TRILOBATAAUTUMN AMBER SUMAC 5 GAL. 10-14" 6-8'33 RIA RIBES ALPINUMALPINE CURRANT5 GAL. 3-5'3-5'107 SPG SPIREA X BUMALDA GOLDFLAME SPIREA 5 GAL. 3-4'4-5''GOLDFLAME'19 SMK SYRINGA PUBESCENS MISS KIM LILAC5 GAL. 4-6'5-7''MISS KIM'30 VMM VIBURNUM BUREJAETICUM MINI MAN DWARF 5 GAL. 4-6'4-6'VIBURNUMORNAMENTAL GRASSESQTY = 711154 BBA BOUTELOUA GRACILIS BLOND AMBITION1 GAL. 20-24" 20-24"'BLOND AMBITION'BLUE GRAMA157 CAB CALAMAGROSTIS KOREAN FEATHER1 GAL. 3-4'3'BRACHYTRICHAREED GRASS30 HES HELICTOTRICHON BLUE OAT GRASS1 GAL. 20-24" 2-4'SEMPERVIRENS14 MSG MISCANTHUS SINENIS MAIDEN GRASS1 GAL. 5-6'5-6''GRACILLIMUS'77 MSD MISCANTHUS SINENIS DWARF VARIEGATED 1 GAL. 2-3'3-4''DIXIELAND'MAIDEN GRASS30 MUR MUHLENBERGIA UNDAUNTED1 GAL. 15-18" 18-24"REVERCHONIIMUHLY GRASS123 PAH PENNISETUM ALOP. DWARF FOUNTAIN 1 GAL. 2-3'2-3''HAMELN'GRASS40 SCS SCHIZACHYRIUMLITTLE BLUESTEM1 GAL. 2-3'2'SCOPARIUM99 SPH SPOROBOLUS PRAIRIE DROP SEED 1 GAL. 1.5-2' 18-24"HETEROLEPISPERENNIALSQTY = 2376 AMO ACHILLEA X 'MOONSHINE'MOONSHINE YARROW 1 GAL. 18"-24" 12" 6 APO ACHILLEA X 'POMEGRANATE' TUTTI FRUTTI YARROW 1 GAL. 18"-24" 18-24"8 ACS ARABIS CAUCASICA 'SNOWCAP' WHITE ALPINE ROCKCRESS 1 GAL.5 DME DELASPERMA 'KELAIDIS'MESA VERDE ICEPLANT 1 GAL.18 HEM HEMEROCALLISJOLYENE NICHOLE DAYLILY 1 GAL. 13-14" 18-24"'JOLYENE NICHOLE'9 HRC HEMEROCALIS 'ROCKET CITY' ROCKET CITY DAYLILY 1 GAL. 24-36" 24-30"9 HHY HEMEROCALLIS X 'HYPERION' HYPERION DAYLILY 1 GAL. 18"24-30"6 ISI IRIS SIBERICASIBERIAN IRIS1 GAL.32 LXI LAVANDULA X INTERMEDIA PHENOMENAL LAVENDER 1 GAL. 24-36" 24-30"PHENOMENAL12 LXS LEUCHANTHEMUM X SHASTA DAISY1 GAL. 2-3'2'SUPERBUM32 RHI RUDBECKIA HIRTABLACK-EYED SUSAN 1 GAL. 24-36" 12-24"16 SOF SALVIA OFFICINALISPURPLE SAGE1 GAL. 12-24" 12-18"'PURPURASCENS'30 SAJ SEDUM 'AUTUMN JOY'AUTUMN JOY STONECROP 1 GAL. 18-24" 18-24"32 VIN VINCA MINOR 'BOWLES'BOWLES BLUE VINCA 1 GAL. 6"-8" 12"-24"LANDSCAPE SCHEDULETotal Site Area 288,842 sfRequired RLA = 72,210Provided RLA = 62,975 s.f.Non-Living material = 21,663 s.f.Street Frontage 914 l.f.Total Required Trees (TRT) = 116Total Required Shrubs (TRS) = 722TRT Between Principal Structure and Curb = 58TRS Between Principal Structure and Curb = 217IRRIGATED SOD(3 TYPE BLUEGRASS HYBRID BLEND W/20% TEXAS BLUEGRASS)9,315 S.F.GRAVEL MULCHCOLOR: WHITE COBBLESTONESIZE RANGE: 2-4"35,990 S.F.NATIVE SEED15, 225 S.F.ARTIFICIAL TURFGRASSSYNLAWN BLUEGRASS OR EQUAL665 S.F.DECOMPOSED GRANITE PAVING4" DEPTH1,780 S.F.INTEGRAL COLORED CONCRETEPAVING3,125 S.F.MATERIALS LEGENDLANDSCAPE DATA0 15'30'30'60'N O R T H930SHEET NUMBER:ISSUE DATE: DATE REVISIONS BY PREPARED FOR:DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADOWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN LANDSCAPE PLAN DARTMOUTH MFP, LLC3002 SOUTH HURON STREET ENGLEWOOD, CO 80110NMSNMS18120109/25/20 92245 CURTIS STREET,SUITE100 DENVER, COLORADO 80238 TEL: 303.709.0704Scale:LANDSCAPE PLAN1" = 30'-0"A1010 of 32Page 272 of 471 2X ROOTBALL DIA.SCARIFY ALL SIDESROOT CROWN 2" ABOVE GRADEMULCHPLANT PIT BACKFILL MATERIALSUBGRADECOMPLETELY REMOVE WIRE AND TWINE FROM ROOTBALL.REMOVE BURLAP FROM TOP 2/3 OF ROOTBALLFINISH GRADE4" MAX FROMPLANTING PITTREE WRAPWEBBING AT HALF TREE HEIGHT(2) 6'-0" WOOD POSTSScale:DECIDUOUS TREE PLANTINGNTS112 X ROOTBALL DIA.SCARIFY ALL SIDES1/2 O.C. SPACINGMIN. TO WALLS, CONC HEADEROR TREE TRUNKS OFLC PLANT PITPLANT PIT BACKFILL MATERIAL - 12 COMPOST/EX.SOIL MIXEDMULCHSUBGRADEScale:SHRUB PLANTINGNTSWEBBING AT 12 HEIGHT OF TREE2X ROOTBALL DIA.SCARIFY ALL SIDESROOT CROWN 2" ABOVE GRADEMULCHPLANT PIT BACKFILL MATERIALSUBGRADEFINISH GRADE4" MAX FROMPLANTING PITCOMPLETELY REMOVE WIRE AND TWINE FROM ROOTBALL.REMOVE BURLAP FROM TOP 2/3 OF ROOTBALL(2) 6'-0" WOOD POSTSScale:EVERGREEN TREE PLANTINGNTSEQ.EQ.8" MIN.LIGHTLY SCARIFY SIDES OF ROOTBALLPLANT PIT BACKFILL 12 COMPOST/EX. SOIL MIXED PLANT PITWIDTH TO BE 1.5X ROOTBALL WIDTHSUBGRADEMULCHPLANTS SHALL BE EQUAL DISTANCE APART (SEE PLANTSCHEDULE FOR WIDTH)Scale:PERENNIAL / GRASS PLANTINGNTSSOD RE: LANDSCAPE PLANNEW TOPSOILRE: LANDSCAPE NOTESTILLED SOILSUBGRADE6"6"Scale:SOD PLANTINGNTSScale:TYPICAL STEEL EDGING1" = 1'-0"LANDSCAPE FABRIC MIRAFI 140N OR EQUAL.TURN DOWN ON ALL EDGES TYP.3" DEPTH OF MINERAL MULCHFINISH SURFACE OF MULCH TYP.FINISH SURFACE SUBGRADE TYP.18" x 6" COLD ROLLED STEEL EDGING, OVERLAP JOINTS 24" TYP.LINE STAKES (2) AT OVERLAP TYP.SLOPE Scale:BIKE RACK1" = 1'-0"ALTERNATE EACH SIZENOTE:1. POWDERCOAT COLOR: TO BE SELECTED2. SURFACE MOUNT TO CONCRETE PAVING WITH SUPPLIED VANDALRESISTANT SCREWSScale:TRASH ENCLOSURE1/4" = 1'-0"FRONT ELEVATIONSIDE ELEVATIONARCHITECTURAL CMU BLOCKSIZE: 8 x 8 x 16FINISH: GROUND FACECOLOR: TO MATCH ARCHITECTURAL PANEL FINISHSTEEL PANEL GATE W/ HIGH PERFORMANCE PAINT FINISHCONCRETE PAVING, SLOPE TO GATE OPENING6'17'-4"12'6'6' 6'12'2'-8"2'-8"2'-8"2'-8"Scale:SECURITY FENCING1" = 1'-0"FENCING TYPE 1LOCATION: WEST AND SOUTH PROPERTY LINECOMPANY: AMERI STAR FENCINGMODEL: WIRE WORKS PLUSSTYLE: ARCHITECTURAL WELDED WIRE FENCECOLOR: BLACK POWDERCOATHEIGHT: 6'-0"CONTACT: 1.888.333.3422WWW. AMERISTARFENCE.COMINSTALL PER MANUFACTURER RECOMMENDATIONS AND SPECIFICATIONSFENCING TYPE 2LOCATION: CLUBHOUSE SWIMMING POOLCOMPANY: AMERI STAR FENCINGMODEL:ECHELON II, POOL PET & PLAYSTYLE: GENISISCOLOR: BLACK POWDERCOATHEIGHT: 5'-0"CONTACT: 1.888.333.3422WWW. AMERISTARFENCE.COMINSTALL PER MANUFACTURER RECOMMENDATIONS AND SPECIFICATIONSADGHEFICB10 30SHEET NUMBER:ISSUE DATE: DATE REVISIONS BY PREPARED FOR:DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADOWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN LANDSCAPE DETAILS DARTMOUTH MFP, LLC3002 SOUTH HURON STREET ENGLEWOOD, CO 80110NMSNMS18120109/25/20 102245 CURTIS STREET,SUITE100 DENVER, COLORADO 80238 TEL: 303.709.07041111 of 32Page 273 of 471 12 12 OF 32 Page 274 of 471 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 910 23 2215 13811418128931138229110232 28931522131102141812231414141014 14 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 15 9 810120233 315123 AWNING9'-1"14 14 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"1'-1"6'-1"10'-6 1/4"10'-9"10'-7 3/4"1423 91510313 1 9 1 23 9 15 2 9 31710 8 89151 23 17 3 8 92 1032318124114184141414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"2'-0"891032313151192232313153101411414 14 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT A -ELEVATIONS12 12 SCALE: 3/32" = 1'-0"1LAYOUT A -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT A -ELEVATION SCALE: 3/32" = 1'-0"4LAYOUT A -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT A -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 06/22/2009/25/202013 13 OF 32 Page 275 of 471 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 89151 23 17 31239152931710819 BUILDING HEIGHT39'-1"1'-1"6'-1"10'-6 1/4"10'-9"10'-7 3/4"15 10117233218124 VARIES1423 91510313114 184 14 14 14 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 11 922 323131531014 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"AWNING9'-1"8910323131511414 14 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 981020233 8 215 23132 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"AWNING9'-1"14 14 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 910 23 2215 1381 28931138222144181289311323222 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 91 1023 141812823 1014 1411414 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT B -ELEVATIONS13 13 SCALE: 3/32" = 1'-0"4LAYOUT B -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT B -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT B -ELEVATION SCALE: 3/32" = 1'-0"1LAYOUT B -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 09/25/202014 14 OF 32 Page 276 of 471 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" T.O. ROOF (C)40' -0"T.O. ROOF (C)40' -0"BUILDING HEIGHT40'-0"2'-0"6'-1"10'-6 1/4"10'-9"10'-7 3/4"8 9151 23 17 3 10 89 15 123173108915123319152171489151233181241915217142381023810 1812418124 14 143 3 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" T.O. ROOF (C)40' -0"T.O. ROOF (C)40' -0"BUILDING HEIGHT40'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 2'-0" 820 23139822311014 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 14 1 13 232298932113232289321132322 9 2 83 1928312321322831418121418121418128881414143 1414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" T.O. ROOF (C)40' -0"T.O. ROOF (C)40' -0"BUILDING HEIGHT40'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 2'-0" 9 8 223 110820231314 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT C -ELEVATIONS14 14 SCALE: 3/32" = 1'-0"4LAYOUT C -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT C -ELEVATION SCALE: 3/32" = 1'-0"1LAYOUT C -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT C -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 09/25/202015 15 OF 32 Page 277 of 471 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 1 9 BUILDING HEIGHT39'-1"1'-1"6'-1"10'-6 1/4"10'-9"10'-7 3/4"2'-4 3/4"5'-1"5'-1"1 2315 2 9 317 8 89151 23 17 314 982 89 15 12317 982 1231015 143 1 2 17 23 91149151031318414231414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 291032313151192232313153101411414 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 89 3 113 23222 141812 141812 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 23 21322 8 3141812911023 910 23 2215 1381 21411323229889311382222310 1414314141414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 93 8 215 23141223920 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"AWNING8'-4"14 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT D -ELEVATIONS15 15 SCALE: 3/32" = 1'-0"4LAYOUT D -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT D -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN SCALE: 3/32" = 1'-0"1LAYOUT D -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT D -ELEVATION 09/25/202016 16 OF 32 Page 278 of 471 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 4 9821103131815 2 1 10313 151 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 9210315123 4 AWNING7'-0"T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 9 210315 1234 AWNING7'-0"T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"6'-1"10'-6 1/4"10'-9"10'-7 3/4"4 82110312151723 48 2 1 10312151723 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT E -ELEVATIONS16 16 #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN SCALE: 3/32" = 1'-0"1LAYOUT E -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT E -ELEVATIONSCALE: 3/32" = 1'-0"3LAYOUT E -ELEVATION SCALE: 3/32" = 1'-0"4LAYOUT E -ELEVATION 09/25/202017 17 OF 32 Page 279 of 471 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"13'-9 1/2"17'-2 1/2"3'-0"523 263 9 20 923 1 1613 5 9122423 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"13'-9 1/2"17'-2 1/2"3'-0"AWNING12'-11 1/2"5239 6 393 241372 2 313 20 1 16 9 23523 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"3'-0"17'-2 1/2"13'-9 1/2"5 23 96161397169321 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"13'-9 1/2"17'-2 1/2"3'-0"AWNING12'-11 1/2"5 23 9616 1 9323216122323917162418 7 13 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31CLUBHOUSE -ELEVATIONS17 17 SCALE: 3/32" = 1'-0"3CLUBHOUSE -ELEVATION SCALE: 3/32" = 1'-0"4CLUBHOUSE -ELEVATION SCALE: 3/32" = 1'-0"2CLUBHOUSE -ELEVATION SCALE: 3/32" = 1'-0"1CLUBHOUSE -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 09/25/202018 18 OF 32 Page 280 of 471 T TTTTTTTT T T UP UP DN UNIT 0A.01 /A5-010 UNIT 1B.12 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.01 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. ROOMUNIT 0A.0UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 0A.0 (TYPE A)2 /A5-0108.11% DN6.90% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A)1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP FDCUNIT 2B.01 /A5-220 UNIT 1C.01 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUPFDCUNIT 2B.01 /A5-220UNIT 1C.01 /A5-130UNIT 2C.01 /A5-230STAIR 1STAIR 2UNIT 1B.2 (TYPE A)1 /A5-121WATER ENTRYCOMM.6.25% DN8.33% DN8.33% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UP UP FDC C CUP FDCUNIT 2B.01 /A5-220 UNIT 1C.01 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DN0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SECTOR ASECTOR BSECTOR ASECTOR B0.0 0.0 0.0 0.0 0.0 3.4 D1 @6'D1 @6' D1 @6'D1 @6' C2 @15'D2 @6' C2 @15' D1 @6'D1 @6'D1@ 6'D1@ 6' C1 @15' D2 @6' C2 @15' D2 @6'C2 @15' D2 @6' C2 @15' D1 @6'D1 @6' C1 @15' D2 @6'C2 @15'D2 @6' D1 @6'D1 @6'D1 @6'D1 @6' B1 @20' B1 @20' B1 @20' B1 @20' B2 @20'B2 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 @15' D1 @6'D1 @6' D1 @6'D1 @6' D1 @6'D1 @6'C2 @15' D2 @6' C1 @15' A1 @20' C2 @15' C2 @15' D1 @6' C1 @15' D1 @6'D1 @6'D1 @6' C2 @15' D2 @6'D2 @6' C1 @15' C2 @15' B2 @20' C2 @15'C2 @15' D1 @6' D1 @6'C2 @15' D2 @6' D2 @6' D2 @6' C2 @15' C2 @15' C2 @15' D2 @6'D2 @6' C2 @15' D1 @6'D1 @6'C2 @15' D1 @6'D1 @6' C2 @15' C2 @15' C2 @15' C2 @15'D2 @6' C2 @15' D2 @6' C2 @15' C2 @15' B1 @20' D1 @6'D1 @6'C2 @15' D1 @6' D1 @6' B1 @20' B1 @20' A1 @20'B1 @20' C2 @15' C2 @15' C2 @15'C2 @15' C2 @15' C2 @15'D2 @6'D2 @6'D2 @6' D1 @6'D1 @6'D1 @6'D1 @6' D1 @6'D1 @6' A1 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 @15'C2 @15' D2 @6' D2 @6' C3 @15' C3 @15' C3 @15' D2 @6' D2 @6' PROPERTY LINE BUILDING 6 BUILDING 5 BUILDING 4 BUILDING 3 BUILDING 7 BUILDING 1 BUILDING 2 BUILDING 9 BUILDING 8 BUILDING 10BUILDING 11BUILDING 12PROPERTY LINE C2 @15' D2 @6' 19 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/25/2020Jordan & Skala Engineers Project Number: Drawn By:Checked By: 555 17th Street, Suite 700 Denver, CO 80202 p:303-586-2375 f: 303-586-2376 SLEJ 2080093 of SCALE:1 OVERALL SITE PHOTOMETRIC PLAN 1" = 50'-0"NORTH 19OVERALL SITE PHOTOMETRIC PLANPage 281 of 471 TTT T T UP UP DN UNIT 0A.0 1 /A5-010 UNIT 1B.1 2 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.0 1 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUP UNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-1218.33% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UP FDC C UP UNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-1218.33% DN0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.3 0.5 0.8 0.8 0.8 1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.1 0.1 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.4 1.1 2.6 2.3 2.1 2.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.4 0.4 0.3 0.2 0.1 0.1 0.2 0.3 0.3 0.3 0.6 1.3 2.4 2.1 3.1 2.7 1.9 1.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.4 0.5 0.8 1.0 0.9 0.6 0.3 0.1 0.1 0.6 0.7 0.6 0.8 1.5 2.4 2.3 2.1 2.4 3.0 2.6 1.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.3 0.5 0.7 1.1 1.4 1.7 1.5 1.2 0.9 0.4 0.2 0.3 1.4 1.2 1.1 1.3 1.8 2.2 2.0 1.9 2.5 2.5 2.0 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.3 0.7 1.1 1.6 2.5 2.8 1.8 1.7 1.3 0.5 0.3 0.5 2.2 1.7 1.6 1.8 2.2 2.5 2.4 1.6 1.7 1.5 1.2 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.4 0.6 0.6 0.4 0.2 0.1 0.3 0.7 1.2 1.6 1.8 3.3 1.9 0.1 0.1 0.2 0.5 1.1 2.8 2.6 2.5 2.2 2.6 2.9 3.4 1.2 1.0 5.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.4 0.6 0.9 1.1 1.2 1.0 0.7 0.3 0.1 0.2 0.5 1.4 2.3 0.0 0.8 2.1 2.7 3.6 3.0 2.5 3.0 3.0 3.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.5 0.6 1.0 1.4 1.9 2.2 1.7 1.3 0.9 0.3 0.2 0.1 0.2 0.8 2.2 2.9 3.7 3.0 2.5 3.4 3.4 2.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.4 0.7 1.1 1.5 1.1 1.5 2.3 2.3 1.8 2.0 1.3 1.1 2.8 2.9 2.6 2.3 3.2 3.3 7.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.7 1.1 1.6 2.9 1.3 1.8 2.0 3.3 1.6 0.8 0.5 2.3 1.7 1.7 2.0 2.7 2.5 11.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.8 1.3 1.7 2.2 1.1 0.4 1.6 1.3 1.2 1.7 2.0 2.1 2.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.2 0.6 1.4 2.4 2.2 2.3 1.7 0.2 0.7 1.0 0.9 1.2 1.4 1.4 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.2 0.1 0.1 0.1 0.4 1.2 2.3 2.2 1.9 2.1 2.7 2.1 1.8 1.3 0.9 2.7 2.1 1.3 0.7 0.7 0.7 0.7 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.4 0.6 0.8 0.6 0.3 0.3 0.4 0.3 0.4 0.9 1.7 1.7 2.1 1.6 1.4 1.8 1.8 2.4 2.8 2.1 1.4 2.8 3.0 2.9 3.0 1.6 1.0 0.6 0.4 0.6 1.3 1.7 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.2 0.5 0.8 1.7 2.6 1.9 2.4 2.4 1.5 0.7 0.5 0.8 1.3 1.3 1.6 3.2 2.2 2.0 1.7 1.5 1.6 1.6 2.0 1.8 1.7 2.0 2.3 2.8 3.5 2.7 1.7 1.1 0.7 0.5 0.9 1.7 2.1 2.7 3.9 3.6 3.7 3.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.3 0.3 0.2 0.2 0.3 0.7 1.5 2.5 2.2 2.4 3.7 2.2 2.1 2.0 1.6 1.1 0.8 0.8 1.1 1.2 1.1 0.7 0.3 1.2 2.3 2.0 2.5 3.0 2.2 1.7 1.6 1.5 1.5 1.4 1.3 1.5 1.8 2.2 2.5 2.5 2.3 1.9 1.4 0.9 0.7 0.9 1.4 1.9 3.2 3.9 3.6 3.8 3.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.6 1.0 0.9 1.0 1.7 1.6 1.4 1.7 1.9 1.9 2.2 2.8 2.6 2.1 1.7 1.7 1.4 1.1 1.1 1.1 1.1 1.0 0.8 0.7 1.1 1.6 1.8 2.5 2.4 2.1 1.8 1.6 1.5 1.3 1.2 1.2 1.5 1.8 2.7 3.3 3.2 2.5 1.9 1.3 0.8 0.7 1.0 1.5 1.9 2.4 2.8 2.9 2.9 2.5 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.3 0.5 1.4 2.8 2.3 2.2 2.2 1.9 1.6 1.6 1.6 1.7 2.4 2.7 2.4 2.1 1.7 1.7 1.4 1.3 1.5 1.5 1.4 1.1 0.8 0.8 1.0 1.3 1.5 1.6 1.5 1.4 1.5 1.7 1.7 1.4 1.1 1.1 1.7 2.1 2.5 2.9 2.6 2.2 1.8 1.1 0.7 0.7 1.0 1.4 1.8 2.1 2.3 2.3 2.2 1.9 0.0 0.0 0.1 0.2 0.3 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.4 0.3 0.4 0.4 0.3 0.2 0.1 0.1 0.2 0.7 1.8 2.6 2.0 2.9 2.4 2.0 1.8 1.6 1.6 1.5 1.5 1.6 1.7 1.6 1.5 1.4 1.4 1.5 1.4 1.4 1.6 1.9 1.6 1.2 0.9 0.9 0.8 0.9 0.9 1.0 1.0 1.1 1.3 1.7 1.8 1.4 1.0 1.1 1.6 2.6 2.5 3.0 2.2 2.6 2.1 1.1 0.7 0.8 1.0 1.4 1.6 2.3 3.0 2.9 2.1 1.8 0.0 0.0 0.1 0.2 0.5 0.9 1.2 1.4 1.4 1.4 1.2 0.9 0.7 0.5 0.9 1.2 0.7 0.3 0.3 0.2 0.4 1.1 1.8 1.9 2.0 2.6 3.1 2.6 1.9 1.6 1.4 1.3 1.2 1.1 1.0 0.9 0.8 0.8 1.0 1.3 1.5 1.5 1.6 2.3 1.7 1.4 1.3 1.0 0.7 0.5 0.5 0.8 1.2 1.5 1.5 2.1 2.5 1.5 1.5 1.3 1.0 0.6 0.7 0.9 0.7 0.7 1.1 1.0 1.0 1.1 1.3 1.8 2.0 1.9 2.2 2.6 2.6 2.3 0.0 0.1 0.1 0.3 0.7 1.2 1.4 2.4 2.7 2.2 1.8 2.4 2.7 2.4 2.1 2.9 1.9 2.3 2.1 1.3 0.8 1.0 1.4 1.5 1.9 2.4 2.3 1.9 1.7 1.5 1.4 1.2 0.9 0.8 0.7 0.6 0.6 0.6 0.9 1.6 2.5 2.7 2.3 3.2 2.5 2.5 2.5 1.7 0.8 0.4 0.4 0.8 1.7 2.4 2.1 2.7 3.1 2.1 2.3 2.1 1.2 0.6 0.4 0.4 0.3 1.1 1.9 1.5 1.4 1.6 1.6 2.1 2.9 0.1 3.2 2.6 0.0 0.1 0.2 0.4 0.9 1.7 1.9 1.9 2.5 2.1 2.5 2.7 2.3 2.1 2.2 2.8 2.1 2.0 1.9 1.6 1.1 1.0 1.2 1.4 1.6 1.5 1.3 1.1 0.9 1.3 1.3 1.3 1.2 1.1 1.0 0.8 0.7 0.7 1.0 1.5 1.8 2.0 2.2 2.6 2.2 1.7 1.4 1.0 0.7 0.4 0.4 0.7 1.0 1.4 1.8 2.2 2.3 2.0 1.8 1.6 1.2 0.7 0.3 0.3 0.3 1.4 2.3 1.7 1.6 2.0 1.9 1.6 2.1 0.0 1.5 2.8 0.0 0.1 0.3 0.6 0.7 0.8 0.0 0.8 1.3 1.6 2.0 2.6 3.1 2.4 1.8 1.5 1.5 1.3 1.2 1.2 1.2 1.1 0.8 0.6 0.5 1.4 1.8 2.0 1.9 1.6 1.2 0.9 0.8 1.2 1.8 2.3 2.8 3.2 3.2 2.7 1.9 1.3 1.1 0.8 0.6 0.6 0.7 0.9 1.4 2.2 2.9 3.3 3.1 2.5 1.9 1.4 0.4 1.4 2.1 2.0 2.3 2.3 2.3 2.0 2.2 3.8 2.3 0.0 0.1 0.4 0.9 1.2 1.5 0.0 0.7 1.1 1.3 1.8 2.1 2.2 2.1 1.7 1.3 2.1 1.8 1.5 1.4 1.0 0.8 0.6 0.2 1.4 1.9 2.8 2.5 1.7 1.4 0.9 0.8 1.3 1.9 2.4 3.5 3.7 2.9 2.5 1.9 1.6 1.5 1.4 1.1 1.2 1.0 0.9 1.4 2.2 2.6 3.4 3.8 2.8 2.0 1.5 0.7 1.8 2.6 2.5 2.8 2.4 2.7 2.7 2.4 0.0 0.1 0.5 1.2 1.6 1.8 0.0 0.6 0.9 1.1 1.2 1.3 1.3 1.4 1.2 1.1 3.1 2.1 1.8 1.5 1.1 0.8 0.8 0.1 2.0 2.9 2.4 2.1 2.0 0.9 0.6 1.2 2.5 2.5 3.2 3.1 2.7 2.6 1.5 2.1 2.3 2.1 1.9 1.8 1.8 0.6 1.2 2.4 2.6 2.6 3.7 2.4 2.5 1.6 0.7 2.5 3.5 2.8 2.9 2.4 2.7 2.9 2.9 0.0 0.1 0.4 1.3 2.4 1.9 2.0 2.3 2.1 1.5 1.1 1.0 1.2 0.0 2.4 2.6 2.4 2.6 2.5 2.7 1.4 2.1 2.3 2.7 2.4 2.4 2.1 2.1 0.0 0.1 0.4 1.3 2.5 2.0 3.0 2.7 2.3 1.5 1.2 1.2 2.3 2.4 2.3 2.6 3.2 3.1 3.7 3.3 1.3 2.2 1.8 2.0 2.5 2.8 2.8 2.3 0.0 0.1 0.5 1.2 1.8 1.8 0.0 2.2 2.3 2.1 1.5 1.3 1.4 2.9 3.1 3.0 3.0 3.6 3.0 3.5 2.9 0.1 1.2 2.2 1.6 1.6 2.1 2.4 2.5 3.4 3.3 0.0 0.1 0.4 1.0 1.2 1.6 0.0 2.2 1.6 1.6 1.3 1.2 1.2 2.4 2.5 2.1 2.6 3.1 2.4 2.1 2.3 0.1 0.7 1.4 1.2 1.3 1.5 1.7 1.7 2.2 2.2 2.2 0.0 5.8 0.0 0.0 0.1 0.3 0.6 0.8 1.0 0.6 0.0 0.0 0.0 1.9 1.3 1.2 1.1 1.0 1.0 1.2 1.8 0.0 0.0 0.0 0.0 0.0 2.5 2.3 2.1 1.8 1.5 1.2 0.0 0.0 0.0 0.0 0.0 0.3 0.6 0.7 0.8 1.2 1.1 1.1 1.4 1.2 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.4 0.3 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.7 0.8 0.8 0.8 0.8 0.7 0.7 1.1 0.0 0.0 0.0 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.8 0.0 0.0 0.0 0.0 0.0 0.9 0.0 0.0 1.7 1.7 1.5 1.2 0.8 0.4 0.0 0.0 0.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.4 0.6 0.7 0.7 0.7 0.8 0.4 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.3 0.4 0.4 0.4 0.3 0.3 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.5 0.8 0.7 0.6 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.3 0.3 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SECTOR ASECTOR BSECTOR ASECTOR B0.0 0.0 0.0 0.0 0.0 3.4 D1 @6'D1 @6' D1 @6'D1 @6' C2 @15'D2 @6' C2 @15' D1 @6'D1 @6'D1@ 6'D1@ 6' C1 @15' D2 @6' C2 @15' D2 @6'C2 @15' D2 @6' C2 @15' D1 @6'D1 @6' C1 @15' D2 @6'C2 @15'D2 @6' D1 @6'D1 @6'D1 @6' D1 @6' B1 @20' B1 @20' B1 @20' B1 @20' B2 @20'B2 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 @15' D1 @6' D1 @6' D1 @6'D1 @6' D1 @6'D1 @6'C2 @15' D2 @6' C1 @15' A1 @20' C2 @15' C2 @15' D1 @6' C1 @15' D1 @6' D2 @6' C2 @15' C2 @15'C2 @15' D1 @6' D1 @6'C2 @15' D2 @6' B1 @20' BUILDING 6 BUILDING 5 BUILDING 4 BUILDING 7 BUILDING 1 C2 @15' D2 @6' T TTTTTTTT T T UP UP DN UNIT 0A.01 /A5-010 UNIT 1B.12 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UP FDCUNIT 2B.01 /A5-220 UNIT 1B.12 /A5-120 UNIT 1C.01 /A5-130 STAIR 1STAIR 2 UNIT 1B.01 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.01 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUPFDC DNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. 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GALAPAGO STREET Page 282 of 471 T TTTTTTUPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. 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0.5 0.5 0.4 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.6 1.6 2.6 3.3 6.0 5.8 2.0 1.6 0.7 0.2 0.0 2.1 2.9 0.1 3.2 2.6 1.7 1.2 0.9 0.7 0.6 0.7 0.8 1.1 1.5 1.8 1.5 1.1 0.8 0.7 0.4 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.6 1.6 3.0 3.5 4.5 6.5 2.8 1.7 0.7 0.2 0.0 1.6 2.1 0.0 1.5 2.8 2.9 2.0 1.1 0.7 0.5 0.6 0.7 0.9 1.1 1.4 1.4 1.2 0.9 0.6 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.6 2.9 3.4 4.8 6.4 2.3 1.7 0.7 0.2 0.0 2.0 2.2 3.8 2.3 2.3 2.2 1.7 0.8 0.4 0.5 0.5 0.6 0.6 1.5 1.4 1.2 0.9 0.6 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.4 2.5 3.2 5.9 5.7 1.5 1.3 0.7 0.2 0.0 2.7 2.4 1.8 1.5 1.3 0.7 0.4 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.4 1.2 2.0 2.7 5.4 5.1 1.2 1.0 0.6 0.2 0.0 2.9 2.9 1.9 1.7 1.3 0.6 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.9 1.7 2.1 3.3 4.0 0.0 0.0 0.0 0.0 0.5 0.4 0.2 0.0 2.1 2.1 2.1 2.5 1.4 0.5 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.8 1.5 1.5 1.8 2.9 0.0 0.0 0.0 0.0 0.2 0.2 0.1 0.0 2.8 2.3 2.2 2.6 1.4 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.6 0.8 0.8 0.9 1.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 2.5 3.4 3.3 0.0 0.0 1.8 1.8 1.3 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.3 0.3 0.3 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.7 2.2 2.2 2.2 0.0 5.8 0.0 0.0 0.0 0.0 0.0 11.2 0.0 0.0 0.0 0.0 1.6 1.2 1.0 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.1 1.1 1.4 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.8 0.7 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.7 0.8 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.4 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SECTOR ASECTOR BSECTOR ASECTOR B0.0 0.0 0.0 0.0 C2 @15' D1 @6' C1 @15' D1 @6'D1 @6' D1 @6' C2 @15' D2 @6' D2 @6' C1 @15' C2 @15' B2 @20' C2 @15'C2 @15' D1 @6' D1 @6'C2 @15' D2 @6' D2 @6' D2 @6' C2 @15' C2 @15' C2 @15' D2 @6'D2 @6' C2 @15' D1 @6'D1 @6'C2 @15' D1 @6'D1 @6' C2 @15' C2 @15' C2 @15' C2 @15'D2 @6' C2 @15' D2 @6' C2 @15' C2 @15' B1 @20' D1 @6'D1 @6'C2 @15' D1 @6' D1 @6' B1 @20' B1 @20' A1 @20'B1 @20' C2 @15' C2 @15' C2 @15'C2 @15' C2 @15' C2 @15'D2 @6'D2 @6'D2 @6' D1 @6'D1 @6'D1 @6'D1 @6' D1 @6'D1 @6' A1 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 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303-586-2376 SLEJ 2080093 of 24LIGHT FIXTURE SPECIFICATIONSTYPE: D1 TYPE: D2 Page 286 of 471 of24 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2024 7500 1500 · Page 287 of 471 of25 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT 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LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2027 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.30 MATCHLINEBOUNDARY & PARCELSHEET #1Page 290 of 471 PARCEL 3A PARCEL 3B L=170.27'R=3880.41' D=2°30'51"CH=N17°07'49"E170.25'PARCEL 2C N00°04'28"W12.19N89°42'45"E88.62S00°01'27"E628.60 N18°23 ' 1 4 " E 376.46 L=101.70'R=5779.65' D=1°00'29"CH=N14°56'05"E101.70' of28 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2028 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 MATCHLINETOPOGRAPHICSHEET #2Page 291 of 471 PARCEL 2APARCEL 5PARCEL 6PARCEL 2A S00°01'10"E200.13 N00°01'36"E200.14N89°37'29"E126.85S89°37'08"W127.02 S45°11'26"W14.19 S89°39'19"W105.35 N00°02'12"E9.40 S89°39'32"W168.57S00°01'36"W486.59 S44°49'08"W8.87 N00°02'13"E490.97 N18°23 ' 2 3 " E 69.25N89°37'29"E137.52of29 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2029 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 MATCHLINETOPOGRAPHICSHEET #1MATCHLINE TOPOGRAPHIC SHEET #3 MATCHLINETOPOGRAPHICSHEET #4Page 292 of 471 PARCEL 2B S00°02'12"W399.59 N18°23 ' 1 4 " E 416.80 N88°13'32"W131.28N00°02'13"E490.97 of30 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2030 MATCHLINE TOPOGRAPHIC SHEET #2 MATCHLINE TOPOGRAPHIC SHEET #4 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 Page 293 of 471 PARCEL 4APARCEL 4BL=62.05'R=39.50' D=90°00'19"CH=S44°23'17"E55.86' S44°49'08"W8.87 S00°01'36"W12.51S89°23'21"E98.29S00°35'00"W8.48 N88°13'30"W294.54of31 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2031MATCHLINETOPOGRAPHICSHEET #2MATCHLINE TOPOGRAPHIC SHEET #3 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 Page 294 of 471 EXHIBIT A A PARCEL OF LAND BEING A PORTION OF WEST CORNELL AVENUE, THE SIXTEEN (16) FOOT WIDE ALLEY IN BLOCK 1 OF TAYLOR'S ADDITION, AND ALL OF PARCEL 2 AND PARCEL 3 AS DESCRIBED AT BOOK 5712, PAGE 490, ALL DOCUMENTS AS FILED IN THE ARAPAHOE CLERK AND RECORDER'S OFFICE; SITUATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE S89"37'29nW, ALONG THE NORTH LINE OF LOT 49 OF SAID BLOCK 1, A DISTANCE OF 126.85 FEET TO THE NORTHWEST CORNER OF SAID LOT 49; THENCE soo·o1'36"W, ALONG THE WEST LINE OF LOTS 42 THROUGH 49, INCLUSIVE, OF SAID BLOCK 1, A DISTANCE OF 200.14 FEET TO THE SOUTHWEST CORNER OF SAID LOT 42; THENCE S89"37'08n W A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK 1; THENCE N00"01 '36n E, ALONG THE EAST LINE OF LOTS 1 THROUGH 5, INCLUSIVE, OF SAID BLOCK 1, AND THE WEST LINE OF PARCEL 3 OF SAID BOOK 5712, PAGE 490, A DISTANCE OF 249.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE N89"39'32nE, ALONG THE NORTH LINE OF SAID PARCEL 3 AND SAID PARCEL 2, A DISTANCE OF 142.81 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY; THENCE S00"01 '1 O n E, ALONG THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY, A DISTANCE OF 49.40 FEET TO THE POINT OF BEGINNING; CONTAINING: 10,263 SQUARE FEET, 0.236 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY: DON LAMBERT, PLS 30830 FOR AND ON BEHALF OF Esi land surveying, lie �;�USERS\D0N l.AMBERT\ESI 1EAM DROPBOX\ESI PROJEClS\DARlMOUTH & GALAPAG0\ESI ENGLEWOOD APARlMENlS SUBDIVISION Pl.AT 101820.DWG 11/24/2020 2:00 SHEET 1 OF 2 Esi land surveying, lie 3531 S. Logan St. D-324 Englewood, CO 80113 Ph: 303-340-0113 DAlE 10/28/20 PROJECT NO. 20-009 Page 295 of 471 PARCEL 3A20040EXHIBIT APage 296 of 471 Page 297 of 471 PARCEL 6PARCEL 540080Page 298 of 471 UPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. ROOMUNIT 0A.0UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 0A.0 (TYPE A)2 /A5-0108.11% DN6.90% DN8.33% DN8.33% DNUP UP DN UNIT 0A.0 1 /A5-010 UNIT 1B.1 2 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.0 1 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUP FDCUNIT 2B.01 /A5-220 UNIT 1C.01 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUPFDCUNIT 2B.01 /A5-220UNIT 1C.01 /A5-130UNIT 2C.01 /A5-230STAIR 1STAIR 2UNIT 1B.2 (TYPE A)1 /A5-121WATER ENTRYCOMM.6.25% DN8.33% DN8.33% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120C CUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP UP 12344321FILING EM S GALAPAGO ST (ROW VARIES)W DARTMOUTH AVE(ROW VARIES)RAILR O A D 645' OF SECTION A 193' OF SECTION B 438' OF SECTION A W CORNELL AVEW BATES AVE1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%EXISTING GROUND PROPERTY LINE 10' 2'' MAX DROP 1.8%EXISTING GROUND PROPERTY LINE 10' 2'' MAX DROP 1.8% WINSLOW CRANERAILROAD WINSLOW CRANERAILROAD 8'' 6'' 8'' 6'' HORIZONTAL SCALE: 1" = 5050 50' 0 1 OF 1 RLEG PROJ NO. 181201 WINSLOW CRANE TRAIL EASEMENT EXHIBIT NSHEET NUMBER: 7853 E. ARAPAHOE COURT, SUITE 2500 CENTENNIAL, CO 80112 PHONE: 303-841-9365 PROPERTY LINE 10' TRAIL EASEMENT RAILROAD ROW LINE SECTION A DETAIL: SLOPE TOWARDS PROJECT SCALE: 1" = 2' SECTION B DETAIL: SLOPE TOWARDS RAILROAD SCALE: 1" = 2' A A AB KEY: 10' WIDE CONCRETE TRAIL TRAIL / GRADE CROSSING TO BE DETERMINED BY CITY 10' WIDE CONCRETE TRAIL PROPERTY LINE PROPERTY LINE EX RAILROAD BRIDGE OVERPASS EX 30' CITY UE ALIGN TRAIL WITH GRADE CROSSING BY CITY RADIUS = 25' A 93' OF SECTION A TRAIL ALIGNMENT TO BATES TO BE DETERMINED AND COORDINATED WITH CITY ONCE PROJECT INFRASTRUCTURE REQUIREMENTS ARE KNOWN. PROJECT SITE Page 299 of 471 1 MEMORANDUM OF UNDERSTANDING Between The City of Englewood and W H Investments, Inc. This Memorandum of Understanding ("MOU") is entered into between the City of Englewood ("City"), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and W H Investments, Inc., a Colorado corporation ("Owner/Developer"), whose address is , collectively referred to as the "Parties". RECITALS WHEREAS, the City of Englewood, is a home rule municipality organized under Article XX, Section 6 of the Colorado Constitution; WHEREAS, the Owner/Developer is creating a Planned Unit Development ("PUD") for the former Winslow Crane site bordered by West Dartmouth Avenue on the South, South Galapago Street on the East, South Santa Fe Drive on the West, and West Bates Avenue on the North; WHEREAS, the City of Englewood has requested of the Owner/Developer a dedication of a ten- foot (10') wide trail easement along the western edge of proposed development property, as depicted on the PUD Site Development Plan; WHEREAS, the City of Englewood has requested that the Owner/Developer allow temporary access five feet (5’) outside of the ten-foot (10’) wide trail easement, unless obstructed by a building or other architectural feature, in order to provide adequate access for the construction of the rail trail and for any maintenance, including removal and replacement, required after the rail trail has been constructed; WHEREAS, the construction of the proposed pedestrian trail will take place sometime after construction of the development; THEREFORE, in consideration of the mutual promises, covenant and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: PURPOSE This MOU shall define the framework for facilitating the construction of the proposed ten-foot trail by the City along the Western edge of the property as set forth on Exhibit A, attached hereto. During the construction of the trail, accessible access, compliance with the Fair Housing Act and building codes, shall be maintained to all building doors fronting the trail. Fencing of the construction site shall not block the accessible route as shown on the PUD drawings. OWNER/DEVELOPER RESPONSIBILITIES 1. The Owner/Developer will grant a temporary, revocable license for temporary construction access to the pedestrian trail through the Winslow Crane Apartments site. Such access shall Page 300 of 471 2 be provided to City employees, contractors, subcontractors, consultants and design professionals ("Agents") in a defined area, as agreed to with Owner/Developer or their agents a minimum of thirty-days (30) prior to any activities taking place. 2. The Owner/Developer agrees to construct permanent fall protection around any hazards such as a detention pond adjacent to the pedestrian trail. The Owner/Developer agrees to allow pedestrian trail signage to be placed outside of the trail easement in for a clear ten-foot (10') wide trail to be constructed. The signage posted along trail shall direct users of the trail to stay on the trail and not navigate through the Winslow Crane Apartments. 3. Maintenance of the sidewalk and landscaping within the trail easement will be the responsibility of the Owner/Developer until such time that construction begins on the public trail. Upon the start of construction, the City will be responsible for the maintenance and condition of the trail easement and trail infrastructure. CITY RESPONSIBLITIES 4. Construction of the proposed trail is the responsibility of the City, all construction site safety and security, including temporary staging, is the responsibility of the City during construction. The defined work areas shall be graphic in nature and shall indicate in detail the nature of the impact to the apartment development. 5. The City shall endeavor to use the RTD property to the west of the trail easement for construction activities in order to limit the disturbance to residents at the Winslow Crane Apartments. 6. Placement of any signage shall not conflict with existing easements, underground sprinklers or utilities, and the sign face shall not be closer than three feet to any pedestrian sidewalk. Maintenance and repair of the trail signs is the responsibility of the City. 7. The City shall relocate any irrigation facilities, as necessary to ensure no loss of irrigation to landscape outside of the trail easement. 8. The City or its Agents shall repair or replace any damage to grading, landscaping, paving, flatwork, fences, structures or improvements at the Winslow Crane Apartments within thirty (30) days of the date that the damage occurred. 9. The City shall not permit any party other than the City's agents to enter upon or use the Winslow Crane Apartments property during the temporary construction access. The City's use of the temporary construction access shall not interfere with the reasonable use and enjoyment of the Winslow Crane Apartments property. 10. The City shall not permit or suffer any liens or claims for non-payment for labor, services, materials, goods, tools or equipment furnished at the request of the City ("Lien Claims"). The City shall indemnify, defend and hold Owner/Developer harmless from and against all Lien Claims. 11. The City shall require its Agents to defend, indemnify and hold harmless the Owner/Developer and the tenants and occupants of the Winslow Crane Apartments from and against all claims, damages, losses, liabilities, penalties, fines, costs and expenses (including attorney's fees and expenses), for personal injury, bodily injury, death, damage to property, environmental damage or environmental response costs arising out of or in any way connected with the construction, maintenance Page 301 of 471 3 or repair of the pedestrian trail or the use of the temporary construction access. The City of Englewood’s covenant to indemnify hereunder (a) shall not be deemed a waiver of sovereign immunity under the Colorado Governmental Immunity Act (the “Act”), (b) shall only be effective to the extent of the limits of the Act as set forth in C.R.S. Section 24-10-114, as those may be amended from time to time, and (c) shall only be effective if City’s obligation to indemnify is insured by the Colorado Intergovernmental Risk Sharing Agency (“CIRSA”) or CIRSA’s successor as City’s general liability carrier. The parties acknowledge that a purported indemnification by City may violate the state constitution and be an ultra vires act. 12. The City and its Agents will obtain and maintain during the entire trail construction and use of the temporary construction access, worker's compensation and employers' liability insurance, auto liability insurance, and primary commercial general liability insurance, written on a broad form occurrence basis including ongoing and completed operations and contractual coverage for the indemnity agreement above in Paragraph 11, and with no exclusions for any of the work to be performed for the trail construction, with per occurrence and aggregate limits of at least $2,000,000, with defense outside the limits, and excess or umbrella liability insurance written on a following basis with limits of at least $10,000,000. All policies of primary and excess liability insurance shall name the Owner/Developer, its managers, members, agents and employees, and all tenants and/or occupants of Winslow Crane Apartments, as additional insureds on a primary and noncontributory basis, with no exclusions not contained in the primary and excess liability insurance policies, for both ongoing and completed operations coverages, and shall waive the right of subrogation against any additional insured. Each auto, primary and excessive liability insurance policy shall provide that it will not be canceled without thirty days' (30) prior written notice to Owner/Developer. MISCELLANEOUS PROVISIONS 13. The duration for the construction of the pedestrian trail and use of the temporary construction access shall not exceed one hundred eighty (180) days from the beginning of actual construction. 14. The temporary construction access shall terminate within one-hundred (100) days after completion of the trail construction or one-hundred (100) days after the first entry upon the Winslow Crane Apartments property, whichever occurs first. 15. Work hours for construction of the pedestrian trail are 7:00 a.m. to 7:00 p.m. Monday through Friday. No work shall be performed on Saturday or Sunday. 16. Staging of materials, equipment, parking and crews ("temporary staging area") shall be limited to ten parking spaces and the location shall be agreed upon by the Owner/Developer and City, thirty (30) days prior to construction. No fire lanes shall be obstructed at any time. 17. No materials or equipment shall be left outside of the boundary of the trail easement or temporary staging area overnight. The temporary staging area shall be fenced at the end of each workday. Areas shall be cleaned daily and left in a usable condition at the end of each workday. 18. The City shall ensure that all units and onsite amenities remain accessible to residents during the construction of the rail trail and during any future trail maintenance work. 19. Upon completion of the work, the City and its Agents shall restore the temporary construction access to the condition it occupied immediately before the City and its Agents had access to the sites. Page 302 of 471 4 20. Upon completion of the work, any future repair or maintenance projects shall not exceed thirty (30) days from the beginning of any maintenance project. 21. The City's use of the temporary construction access shall not interfere with the reasonable use and enjoyment of the Winslow Crane Apartments property. 22. This MOU may be revoked by Owner/Developer for non-compliance by the City or its Agents upon thirty (30) days prior written notice. 23. The MOU shall begin upon the final signature on the document and shall expire upon the completion of the pedestrian trail, and all clean-up and restoration, if any, of the temporary staging area has been completed. 24. Any amendments to this MOU shall be in writing and executed by the parties. No oral modifications shall be enforceable by either party unless reduced to writing and signed by the parties. 25. This MOU may not be assigned without the express written approval of the other party. The Parties hereto have executed this MOU this day of 20 . CITY OF ENGLEWOOD By: Title: W H INVESTMENTS, INC., a Colorado corporation By: Title: ATTEST: By: Stephanie Carlile, City Clerk Page 303 of 471 LANTZ ASSOCIATES June 2020 Revised August 2020 Parking Reduction Study Winslow Crane Site Galapago St at Dartmouth Ave Englewood, CO Prepared for: Dartmouth MFP, LLC Introduction The proposed development of the Winslow Crane Site is requesting that the development be allowed to use parking requirements for Transit Oriented Developments (TOD) as part of their development. A TOD is a development that is near a Transit station. The Institute of Transportation Engineers (ITE) recommends a development should be within 0.25 miles of a station to be a TOD. The Regional Transportation District (RTD) recommends a development should be within 0.5 miles of a station to be a TOD. The Winslow Crane Site is between .3 miles and .4 miles from the Englewood Light Rail Station. TOD’s typically allow a 20% reduction in the required parking when developments are near Rail Transit stations. Many of the Cities in the Metro area are decreasing the amount of parking required for new developments. Comparing Englewood’s requirements to Lone Tree’s and Lakewood requirements will also show that parking requirements can be reduced. Englewood’s requirements call for 345 parking spaces for the Winslow Crane Site. As presently proposed, the number of parking spaces on the Winslow Crane Site is 305. This represents a reduction of only 12% from the requirements. In addition, there will be 4 loading zones that will accommodate a 35’ vehicle. A 20% TOD reduction would require only 276 spaces. The previously approved PUD included the statement “Reduction of parking may be proposed for multi-unit dwellings.” The owners feel comfortable that the proposed parking resulting from the proposed reduction is more than adequate for the development. Page 304 of 471 Parking Reduction Study Winslow Crane Site Page 2 LANTZ ASSOCIATES June 2020 Revised August 2020 2 Reduced Parking Examples Lone Tree The City of Lone Tree recently conducted a Parking Standards Study for multi-family developments. As part of the study the City Staff conducted a review of parking standards at 16 locations throughout the metropolitan area. The study recommended that 1 space per 1 bedroom unit, 2 spaces for 2 and 3 bedroom units, and .25 spaces for guest parking be the standard for the City. This was in the middle of the requirements from the 16 locations that were studied. For TOD developments, the Community Development Director can reduce the required parking by 20%. The light rail line along I-25 has been in operation for several years now, so the City has some experience with TOD requirements. The City of Lone Tree’s review of projects showed that parking was reported to be adequate for the developments studied except where special conditions exist such as in Broomfield where residents don’t like patrons of the event center taking up the on- street parking instead of paying for parking in the provided parking garages. Using the Lone Tree Standards, the Winslow Crane Site would have to provide: Studio & One Bedroom 158 units 140 parking spaces Two Bedroom 45 units 90 parking spaces Guest Spaces 203 units 51 parking spaces Total Residential 281 parking spaces Total spaces required 281 Total spaces w/-20% 225 Total spaces provided 305 (80 extra spaces) Lakewood The City of Lakewood recently updated their parking standards. The West Corridor light rail has been in operation for over two years now, so the City has some experience with parking for TOD’s. The residential standards are a minimum of 1 space per unit and a maximum of 2 spaces per unit. The maximum in TOD areas are 1 space per unit. Page 305 of 471 Parking Reduction Study Winslow Crane Site Page 3 LANTZ ASSOCIATES June 2020 Revised August 2020 3 Using Lakewood’s minimum requirements, the Winslow Crane Site would have to provide: Multifamily units 203 units 203 parking spaces Minimum spaces required 203 Total spaces w/-20% 162 Total spaces provided 305 (143 extra spaces) Thus the proposed number of spaces for the Winslow Crane Site far exceeds the Lakewood requirements. Conclusion The parking spaces proposed for the Winslow Crane Site development were compared to parking standards for the City of Lone Tree and the City of Lakewood and in both cases the number of spaces provided exceeded the number that would be required. Both of these jurisdictions have light rail lines and thus have experience with TOD developments. Both allow a reduction in parking spaces in TOD areas. The spaces required in these jurisdictions were calculated using the normal standards and were reduced 20% for TOD. The Winslow Crane Site is a TOD site as it is within the 0.5 mile distance recommended by RTD and very close to the 0.25 mile distance recommended by ITE. The Site has internal and external sidewalks and is providing trail easements within the site. This allows pedestrians and bicyclists to have convenient access to the Englewood Light Rail Station. In examining the above information it is clear that the number of parking spaces proposed for the Winslow Crane Site exceed the requirements of other jurisdictions that have successful parking standards. The number of parking spaces as proposed appears to be reasonable for the project even if it is not a TOD due to the vicinity of the Englewood Light Rail Station the easy access to the Station via sidewalk or bicycle trails and other mitigation factors. In my professional opinion, the number of parking spaces proposed exceeds what I believe to be adequate parking for a successful project. Page 306 of 471 Page 307 of 471 Trip Generation Analysis Winslow Crane Site Galapago St at Dartmouth Ave Prepared For: Dartmouth MFP, LLC Prepared By: Fred Lantz LANTZ ASSOCIATES 13335 W 72nd Cir Arvada CO 80005 303-887-3714 fredlantz@comcast.net April 2020 Page 308 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 1 LANTZ ASSOCIATES April 2020 Table of Contents Table of Contents ............................................................................................................... 1 Introduction ........................................................................................................................ 2 Figure 1 – Site Location ............................................................................................... 2 Existing Conditions ............................................................................................................. 3 Proposed Development ...................................................................................................... 3 Figure 2 – Site Plan ..................................................................................................... 4 Trip Generation .............................................................................................................. 5 Table 1 – Trip Generation Rates ................................................................................. 5 General Iron Site ............................................................................................................. 5 Table 2 – Trips Generated at Iron Works Compared to 2012 Projections .................. 5 Winslow Crane Site ......................................................................................................... 6 Table 3 – Trips Generated at Winslow Crane Site Compared to 2012 Projection ...... 6 Trip Reductions ............................................................................................................... 6 Table 4 – Reduced Trips for Transit Oriented Design ................................................. 7 Table 5 – Difference in Study Trips for Transit Oriented Design ................................ 7 Trip Distribution .............................................................................................................. 8 LOS Analysis ........................................................................................................................ 8 Conclusions and Recommendations ................................................................................... 8 Appendix ............................................................................................................................. 9 Page 309 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 2 LANTZ ASSOCIATES April 2020 Introduction This Trip Generation Analysis addresses the amount of traffic that will be generated by the redevelopment of the Winslow Crane Site on the northwest corner of Galapago St and Dartmouth Ave. The Analysis will compare the presently proposed development to the development proposed in the 2012 Traffic Impact Study. Figure 1 shows the site location. Figure 1 – Site Location © 2020 Google © 2020 Google © 2020 Google N Inca StBates Ave Dartmouth AveGalapago StFox StSanta Fe DrSITE Page 310 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 3 LANTZ ASSOCIATES April 2020 Existing Conditions The property is presently used for Industrial Uses with the Winslow Crane business. All the streets in the area of the proposed development are local streets. Many of the streets to the east of the industrial site are signed to prohibit trucks from using those streets. Galapago St, Fox St, Bates Ave and Elati St form the truck route in the area. Traffic counts in 2012 indicate Galapago north of Dartmouth has 33% trucks and Elati north of Bates has 52% trucks. As the area redevelops away from Industrial, the truck traffic will decrease. To the south of the site is Dartmouth Ave the major Arterial street in the area that handles most of the traffic to and from the site. Proposed Development The proposed development will consist of 203 multifamily units. The development will access Galapago St at 4 full turn accesses. The single family houses on the south end of Galapago St near Dartmouth will remain and are not a part of this development. This site was a part of the W.H. PUD & Sand Creek PUD that was proposed in 2012. At that time a Traffic Impact Study was prepared for the development. The Winslow Crane Site is the portion of the previous study that was called the South Area. The North Area of the 2012 is presently under development as the General Iron Site. A copy of the 2012 Traffic Impact Study is included in the appendix. The proposed Site Plan for the Winslow Crane Site is shown in Figure 2. Page 311 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 4 LANTZ ASSOCIATES April 2020 Figure 2 – Site Plan BIOSWALECLUB &LEASING2 LEVELS@8,000 SFPOOL& SPADETENTION.23 ACRESBIOSWALEBIOSWALEBIOSWALEHHHHHHHHHHDOG PARKBIOSWALETRTRH5' SETBACK2' SETBACK 2' SETBACK 5' SETBACK10'' SETBACKHBUILDING ABUILDING ABUILDING ABUILDING BBUILDING BBUILDING BBUILDING CBUILDING EBLDG DBLDG DBLDG DArchitecture + Planning820 16th Street, Suite 535Denver, CO 80202303.825.6400ktgy.comMetropolitan Residential Advisors2019 S. Galapago StDenver, CO 80223ENGLEWOOD, COLORADO # 2018-0060WINSLOW CRANE SITESITE PLANDECEMBER 2, 2019010020050A1.0FEASIBILITY STUDYGalapago StreetRail Lines & Santa Fe DriveW Dartmouth Avenue W Cornell Avenue W Bates Avenue Page 312 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 5 LANTZ ASSOCIATES April 2020 Trip Generation The proposed development on the Winslow Crane Site will be 203 multifamily units. Since this site was combined with the General Iron site to the north in the 2012 Traffic Impact Study, trips will be estimated for both sites. Table 1 below shows the trip generation rates from the Institute of Transportation Engineers Trip Generation Manual 10th Edition for the land uses that are proposed. Trip Generation Rates - Weekday ITE Code Land Use Unit Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 210 Single Family du 9.44 0.18 0.56 0.74 0.62 0.37 0.99 220 Multifamily (Low-Rise) du 7.32 0.11 0.35 0.46 0.35 0.21 0.56 Du = Dwelling Unit Table 1 – Trip Generation Rates General Iron Site Table 2 indicates the the number of trips that the General Iron Site will generate for daily and peak hour periods. These trips are compared to the trips projected in the 2012 Traffic Impact Study Trips Generated - Weekday ITE Code Land Use Size Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 210 Single Family 31 du 293 6 17 23 19 12 31 220 Multifamily (Low-Rise) 175 du 1281 19 61 80 61 37 98 Total General Iron Trips 1574 25 78 103 80 49 129 221 Apartments (2012) 350 2328 35 144 179 140 77 217 Difference in General Iron Trips -754 -10 -66 -76 -60 -28 -88 Table 2 – Trips Generated at Iron Works Compared to 2012 Projections As the above table indicates, the development of the Iron Works north of the Winslow Crane Site is expected to generate 754 fewer trips daily, 76 fewer trips in the AM peak Page 313 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 6 LANTZ ASSOCIATES April 2020 hour and 88 fewer trips in the PM peak hour than was predicted in the 2012 Traffic Impact Study. Winslow Crane Site Table 3 indicates the he number of trips that the Winslow Crane Site will generate for daily and peak hour periods. These trips are compared to the trips projected in the 2012 Traffic Impact Study Trips Generated - Weekday ITE Code Land Use Size Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Multifamily (Low-Rise) 203 du 1486 22 71 93 71 43 114 220 Apartments (2012) 210 1396 21 86 107 84 46 130 Difference in Winslow Crane Site +90 +1 -15 -14 -13 -3 -16 Table 3 – Trips Generated at Winslow Crane Site Compared to 2012 Projection As the above table indicates, the development of the Winslow Crane Site is expected to generate 90 more trips daily, 14 less trips in the AM peak hour and 16 less trips in the PM peak hour than was predicted in the previous traffic impact study. Thus the Winslow Crane site generates slightly more daily trips, but generates fewer peak hour trips. Trip Reductions The Iron Works and the Winslow Crane developments are located near the light rail station, which makes these transit oriented developments. Some of the vehicular trips will be replaced by people walking and riding bicycles to the light rail station. ITE recommends that in the case of a transit oriented development that the number of vehicle trips be reduced. In this study, the number of trips will be decreased by 20% to reflect the transit oriented development. Table 4 shows the reduced number of trips for both developments combined. Page 314 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 7 LANTZ ASSOCIATES April 2020 Trips Generated - Weekday ITE Code Land Use Size Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Iron Works Site 206 du 1574 25 78 103 80 49 129 220 Winslow Crane Site 203 du 1486 22 71 93 71 43 114 Total Iron Works & Winslow Crane 3060 47 149 196 151 92 243 Total with 20% Reduction for TOD 2448 38 119 157 121 74 195 Table 4 – Reduced Trips for Transit Oriented Design (20% Reduction in Trips) As the above table indicates, the development of the combination of the Iron Works Site and the Winslow Crane Site is expected to generate 2448 trips daily, 157 trips during the AM peak hour and 195 trips during the PM peak hour after a 20% reduction to reflect the Transit Oriented Design. The Transit Oriented Design trips calculated for both the Iron Works and Winslow Crane Site with this traffic analysis will be compared to the trips projected for the North Site and the South Site in the 2012 Traffic Impact Study. This is summarized in Table 5. Trips Generated - Weekday Studies Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Previous Study (2012) 2971 45 184 229 179 99 278 This study (General Iron & Winslow) 2448 38 119 157 121 74 195 Difference Study Trips -523 -7 -27 -72 -58 -25 -83 Table 5 – Difference in Study Trips for Transit Oriented Design (20% Reduction in Trips) As the above table indicates, the development of the Winslow Crane Site and the General Iron Site is expected to generate 523 fewer trips daily, 72 fewer trips in the AM peak hour and 83 fewer trips in the PM peak hour when compared to the 2012 traffic Page 315 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 8 LANTZ ASSOCIATES April 2020 impact study. Thus the Winslow Crane site and the General Iron site will generate less daily trips, and less peak hour trips. Trip Distribution Using the existing traffic patterns and the patterns that will occur with the proposed development, the trips generated by the Winslow Crane site will be the same as the trip distribution in the 2012 Study. Because of the decrease in trips cause by Covid-19, traffic counts cannot be updated at this time. LOS Analysis The 2012 study indicated that LOS at the intersections in the area would change very little with the addition of the north and south developments. Since the Iron Works development is predicted to generate fewer peak hour vehicles and the Winslow Crane site will also generate fewer peak hour vehicles, it is expected that the LOS at the adjacent intersections will be better or remain as predicted in the 2012 study. The Dartmouth and Inca signalized intersection is expected to operate at LOS B or better in the short term and the long term (2032). The intersection of Galapago and Dartmouth is expected to have all directions operating at LOS B or better in the short and long term (2032). Conclusions and Recommendations This Trip Generation Analysis examines the impact of the proposed multifamily development at the northwest corner of Galapago St and Dartmouth Ave. Access to the development will be from 4 full accesses along Galapago St. The single family homes on Galapago St near Dartmouth are to remain and are not a part of this development. The development is expected to generate 1486 weekday trips, 93 AM peak hour trips and 114 PM peak hour trips. The trips from the proposed Winslow Crane Site and the adjacent Iron Works site are quite a bit less than the trips predicted in the 2012 Traffic Impact Study of these sites. Since the 2012 study showed that the development would have little if any impact on the adjacent roadways, this development will also have little if any impact as the number of generated trips are less than those in the 2012 study. Page 316 of 471 Winslow Crane Site Galapago St at Dartmouth Ave 9 LANTZ ASSOCIATES April 2020 This Trip Generation Analysis indicates that the findings of the 2012 Traffic Impact Study are still valid. The development will have little or no impact and the roadways in the area can easily accommodate the additional traffic. Appendix 2012 Traffic Impact Study Page 317 of 471 County Rd 10 County Rd 31 ! ! ! ! ! Traffic!Impact!Study! ! W.H.!PUD!&!Sand!Creek!PUD!! Englewood,!Colorado! ! ! ! ! ! ! ! ! Prepared!By:!! Baseline!Engineering!Corporation! 700!12th!Street!#!220! Golden,!Colorado!80401! Fred!Lantz! Traffic!Engineer! ! August!2012! Page 318 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 1 Table!of!Contents! Table of Contents ................................................................................................................ 1! Introduction ......................................................................................................................... 2! Figure 1 - Site Location ............................................................................................... 2! Existing Conditions ............................................................................................................. 2! Figure 2 - Existing Traffic Volumes ........................................................................... 3! Existing Level of Service (LOS) ..................................................................................... 4! Table 1 – Existing LOS ............................................................................................... 4! Proposed Development ........................................................................................................ 4! Figure 3 – Conceptual Site Plan .................................................................................. 5! Trip Generation ............................................................................................................... 6! Table 2 – Trip Rates and Site Generated Trips ........................................................... 6! Table 3 – Reduced Trips for Transit Oriented Design ................................................ 7! Table 4 – Net Increase in Trips ................................................................................... 7! Distribution of Trips ........................................................................................................ 7! Figure 4 – Distribution Percentages ............................................................................ 8! Site Generated Traffic ..................................................................................................... 8! Figure 5 – Site Generated Traffic ................................................................................ 9! Short and Long Term Traffic Analysis ......................................................................... 10! Figure 6 – Short Term Background Traffic ............................................................... 10! Figure 7 - Short Term Total Traffic .......................................................................... 11! Figure 8 - Long Term Background Traffic ................................................................ 12! Figure 9 - Long Term Total Traffic ........................................................................... 13! Short Term and Long Term LOS .................................................................................. 14! Table 5 – Future LOS ................................................................................................ 14! Conclusions and Recommendations .................................................................................. 15! Appendix ........................................................................................................................... 16! !! Page 319 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 2 Introduction! This traffic impact study addresses the traffic generated by the proposed W.H. PUD & Sand Creed PUD. The proposed development is located on the east side of the railroad/RTD tracks, north of Dartmouth Ave, and west of Galapago St and Elati St. The area presently contains Industrial uses. The proposed use is apartments. This study will focus on the traffic impact at the intersections along Dartmouth Ave. Traffic using Elati St north of the site and Bates Ave east of the site to access the proposed development will also be determined. The location of the site is shown below in Figure 1. ! Figure!1!M!Site!Location! Existing!Conditions! The site is presently used for Industrial uses. The site is bordered on the west side by the railroad/RTD tracks. No access to the site is available from the west side. The northern portion of the existing development is accessed from Bates Ave. The southern portion of the existing development is accessed from Galapago St. Santa FeDartmouthGalapago ElatiBates SITE SITEPage 320 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 3 All the streets in the area of the proposed development are local streets. Many of the streets to the east of the industrial site are signed to prohibit trucks from using those streets. Galapago St, Fox St, Bates Ave and Elati St form the truck route in the area. Traffic counts indicate Galapago north of Dartmouth has 33% trucks and Elati north of Bates has 52% trucks. To the south of the site is Dartmouth Ave the major Arterial street in the area that handles most of the traffic to and from the site. Figure 2 summarizes the existing AM and PM peak hours. The traffic counts are included in the appendix. Figure!2!M!Existing!Traffic!Volumes! !"#!$%#$&#" $%&#!&% '(#$) $!)#"(&$(#!&!*#!+"#&"*#**#**#* $%*#!&+ *#**#"*#**#&'#* $'*#"(& *#* "()#"(" &"*#**% $)$#!!& &"#*!&%'#*!$%%#"!!#*(%#&&"#""#&& "%!#"*" &*#&' $#' $$%#!'( "#$ *%#*$ *&#*'&$#"*"%#%"!#&(&#%*#%Existing Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N AM/PM Peak Hour Page 321 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 4 Existing(Level(of(Service((LOS)( The local streets in the area have relatively low volumes of traffic and the LOS is A or B and therefore are not a capacity concern. The LOS of the intersections along Dartmouth is calculated using the computer program Synchro. The existing LOS at the intersections along Dartmouth are shown in Table 1. Table!1!–!Existing!LOS! As the table indicates, the all of the existing intersections have an LOS of C or better in both the AM and PM peak hours. This means that the intersections are operating at a low capacity. The LOS calculations are included in the appendix. Proposed!Development! The proposed developments for the site are apartments. The application to the City at this time is for zoning, without a specific development plan. This traffic impact assumes 35 units per acre for the development. The trip generation volumes will be calculated using this density. A conceptual development plan is shown in Figure 3. This plan assumes that the northern parcel has access to Elati St, and two access points on Bates Ave. The plan assumes that the southern parcel has access to Galapago St. !"#$%&'(&)%*+$, - *'&)%*+$ - .' %/+0%1".$ 2"#$). 3 3 45"61'0 3 3 45"7*81%3 3 95" :&;% 3 3 95" 61'0 3 3 <5":&;%== <5"7*81%3 3 - .' %/+0%1".$ 2">.?.@.8+ 3 3 45":&;%3 3 A5 5 5 - .' %/+0%1".$ 2"B+C 3 3 45":&;%3 3 95" :&;%3 3 <5 = = A5 = 5 - .' %/+0%1".$ 2"4?.%* 3 3 45 3 3 95 3 3 <5 = = A5 5 5 3D 4C*(%*$8":EA FD Page 322 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 5 Figure!3!–!Conceptual!Site!Plan!! Page 323 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 6 Trip(Generation( The number of trips that would be generated by the assumed density of 35 units per acre and the existing trips from the present industrial use are shown in Table 2. These trips were estimated using the Institute of Transportation Engineers Trip Generation, 8th edition manual. This manual gives the trips rates for various land uses and allows the calculation of the number of trips on a daily basis as well as during the AM and PM peak hours. Trip Generation Rates ITE Code Land Use Unit Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 110 Gen Light Industrial Acres 51.8 6.23 1.28 7.51 1.60 5.66 7.26 220 Apartment DU 6.65 0.10 0.41 0.51 0.40 0.22 0.62 ! Existing Industrial Trips ITE Code Land Use Acres Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 110 Gen Light Industrial (N Site) 10 518 62 13 75 16 57 73 110 Gen Light Industrial (S Site) 6 310 37 8 45 10 34 44 Total 828 99 21 120 26 91 117 ! Generated Trips ITE Code Land Use Units Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Apartment (N Site) 350 2328 35 144 179 140 77 217 220 Apartment (S Site) 210 1396 21 86 107 84 46 130 Total 3724 56 230 286 224 123 347 Table!2!–!Trip!Rates!and!Site!Generated!Trips! The apartments are located near the light rail station, which makes this a transit oriented development. Some of the vehicular trips will be replaced by people walking and riding bicycles to the light rail station. ITE recommends that in the case of a transit oriented development that the number of vehicle trips be reduced. In this study, the number of trips will be decreased by 20% to reflect the transit oriented development. Table 3 shows the reduced number of trips. Page 324 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 7 Transit Oriented Design Generated Trips ITE Code Land Use Units Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Apartment (N Site) 350 1862 28 115 143 112 62 174 220 Apartment (S Site) 210 1109 17 69 86 67 37 104 Total 2971 45 184 229 179 99 278 Table!3!–!Reduced!Trips!for!Transit!Oriented!Design! (20% reduction in Trips) When the proposed development is constructed the number of trips presently generated by the existing industrial uses will be removed from the roadways. Because this is a change in use, the existing trips must be subtracted from the trips that will be generated by the apartments. This will yield the net increase in trips due to the redevelopment of the property. Table 4 shows the net increase in trips. Net Difference in Trips Land Use Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Gen Light Industrial (Existing) 828 99 21 120 26 91 117 Apartments (Proposed) 2971 45 184 229 179 99 278 Difference 2143 (54) 163 109 153 8 117 Table!4!–!Net!Increase!in!Trips! As Table 4 indicates the apartments only add 2143 additional daily trips to the street system. The number of trips entering the development in the AM peak hour will decrease by 54 with the new land use. These differences are due to the types of trips of the existing land use and the proposed use. The existing industrial use has the majority of the trips entering in the AM and exiting in the PM. The apartments on the other hand have the majority of the trips exiting in the AM and entering in the PM, the opposite of the industrial use. While not specifically identified, a large portion of the trips will change from truck traffic to automobile traffic with the change in use from industrial to residential. Distribution(of(Trips( Now that the number of trips generated by the development have been identified, they must the assigned to the roadway network. Using the existing traffic patterns and the patterns that will occur with the proposed development, the trips will be assigned according to the percentages identified in Figure 4. There are different distribution patterns for the two development areas based upon where there access points are located. Thus the trip distribution is shown as the percentage distribution for the north development area and the percentage distribution for the south development area. Page 325 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 8 Figure!4!–!Distribution!Percentages! Site(Generated(Traffic( The net site generated traffic is assigned to the roadway network based upon the Distribution percentages. Figure 5 shows the traffic volumes for the AM and PM peak hour periods !"#$%&'$()*+, -&#., //)*+, 0"$,1)*+,2/"3)4$5&6)4$7"/"8"9&)4$:.; ")4$N 20% N15% N20% N30% N15% N 15% N = Distribution for the North Development Area 15% S = Distribution for the South Development Area 15% S10% S75% SPage 326 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 9 Figure!5!–!Site!Generated!Traffic! (!"#$%"#&'#(! !"#() ('#&! ('#!*("#+%#%"#''#) ('#(+ %#%%#%%#%%#%*#(& (%#(* %#% !'#+( %#% $"#"% "#"%#%'#+(%#)%#%"#'"#(( (%#) %#% '#) )#(* %#% *#!& ("#("("#"!*#'"%#%%#%%#%Generated Traffic ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 327 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 10 Short(and(Long(Term(Traffic(Analysis( In order to determine the traffic impacts of the proposed development, the short term and long term traffic with the development included is compared to the short term and long term background traffic. Short term traffic is defined as two years from the present and the long term is defined as 20 years from the present. The background traffic was inflated to represent a 1% per year growth rate. Figures 6-9 show the short term and long term background and total traffic. Figure!6!–!Short!Term!Background!Traffic! !!"!#$"%&"# %%'"!(# )&"#' %)*"#&&#"&#("(("(("( %%&"!$' ("(("#("(("&)"( %*&"#&& ("( #&+"#&# &##"(() #'%"!)% &#"()&%'"(!+$%"#)!"('$"&&#"##"&& #%)"#$! &("&) %") %#("!*$ #"% ($"(% (&"(*&%"#$#%"$!!"&'&"$("$Short Term Background Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 328 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 11 ( Figure!7!M!Short!Term!Total!Traffic! !!"!#$%!&#'!#!$ &$'#$() '*#!!! &)*#'"'(*#!'(#()#(!#) &&)#$&! (#((#'(#((#!(#!$ &%+#'(! (#( &+(#'+" !''#(() '%$#$)% ("#()!&*#($+"!#$'!$#(!"#!!!*#'(#(! '$"#'"$ !(#!) (#!( &&$#$++ '#& !)#&) &$#(("*#(!&+#$%$#!*!#"(#"Short Term Total Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 329 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 12 Figure!8!M!Long!Term!Background!Traffic! !"#!!$#%&#' %&!#!(' "$#%) %'(#'*&'#&"+#++#++#+ %&"#!$+ +#++#'+#++#&"#+ %''#'*& +#+ '&&#'*' &"+#+'" %)(#!)( &"#(&&'$#(&!$*#'!!#+$$#&('#''#&( '$(#'(* &$#+* %#" %(+#"*$ '#% +"#+) +%#(+&!#'+'$#$+!#&+&#$+#$Long Term Background Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 330 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 13 Figure!9!M!Long!Term!Total!Traffic! !"#"$%#&'#() &%(#!(! *(#')$ &&%#*)&)'#'+)#)"#('#! &)&#!&( )#))#*)#))#'(#'! &!%#*'' )#) &"%#*"( '")#)*" *!&#!+! )*#()'*%#('!(!#!&'!#)&%#'(''#*(#)( **$#*(' '%#)$ (#'( &)*#"'+ *#& )'#&' &$#)*()#)%&+#!"!#')'#%)#%Long Term Total Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 331 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 14 Short(Term(and(Long(Term(LOS( The LOS is calculated with and without the development for both the short term and the long term. Table 2 shows the LOS for the short term background, short term total, long term background and long term total. Table!5!–!Future!LOS! As the above table indicates, there is very little change in the LOS in the future with or without the development. The only direction that exceeds LOS C is the northbound leg at the intersection at Dartmouth and Fox which is predicted to be LOS D. LOS D is an acceptable LOS for the peak hour in the metro area, particularly 20 years from now. ! !"#$%&'(&)%*+$, - *'&)%*+$ - .' %/+0%1".$ 2"#$). 3 3 3 3 3 4 3 3 54"61'0 3 3 3 3 3 3 3 3 54"7*81%3 3 3 3 3 3 3 3 94" :&;% 3 3 3 3 3 3 3 3 94" 61'0 3 3 3 3 3 3 3 3 <4":&;%======== <4"7*81%3 3 3 3 3 3 3 = - .' %/+0%1".$ 2">.?.@.8+ 3 3 3 3 3 3 3 3 54":&;%3 3 3 3 3 3 3 4 A4 4 4 4 4 4 4 4 4 - .' %/+0%1".$ 2"B+C 3 3 3 3 3 4 3 4 54":&;%3 3 3 3 3 3 3 3 94" :&;%3 3 3 3 3 3 3 3 <4 = == = = = = - A4 = 4 = = = = = = - .' %/+0%1".$ 2"5?.%* 3 3 3 3 3 3 3 3 54 3 3 3 3 3 3 3 3 94 3 3 3 3 3 3 3 3 <4 = == = = = = = A4 4 4 4 4 = 4 4 4 3D A1+'%"6&'/:+$8"6&'/ 6+%.?4.) E8'+0$2 6+%.? 3D FD 3D FD 3D FD 4.) E8'+0$2 B0%0'&":GA FD Page 332 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 15 Conclusions!and!Recommendations! The LOS analysis clearly shows that the proposed development can be constructed without adversely affecting the existing roadways. No roadway construction improvements are necessary to accommodate the traffic from the proposed development. The traffic will change on the roadways with the number of trucks decreasing, and the number of automobiles increasing. Some of the increase in the traffic will be offset by the decrease in traffic from the existing industrial area. There will only be a small increase in traffic due to the development during the AM and PM peak hours. The one area that may need some roadway re-striping is the eastbound left turn from Dartmouth onto Galapago. The long term total traffic estimate projects this turning movement to be 120 vehicles in the PM peak hour. This volume would normally need approximately 120’ of storage, however Synchro predicts that the 95th% queue length to only be 15’ or one vehicle. Based upon the predicted queue length, the existing 60’ left turn lane is adequate to accommodate the additional traffic. There is an 8’ painted median separating the eastbound left turn lane at Galapago and the westbound left turn lane at Inca. Removing this median and separating the turn lanes with a single double yellow line could extend the eastbound left turn lane to approximately 100’ approaching the storage normally needed for 120 vehicles in the PM peak hour. This traffic impact study is based upon a conceptual site plan and a development density of 35 units per acre. While this study can be used as a planning tool for future development, it should be updated when a specific site plan is developed to ensure that the traffic impacts remain the same as predicted. Page 333 of 471 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 16 Appendix! Traffic Volumes LOS Calculations Page 334 of 471 June 22, 2020 Mr. Erik Sampson City of Englewood Community Development 1000 Englewood Parkway Englewood, CO 80110 RE: W H Planned Unit Development PUD Site Development Plan Submittal Design Waiver Request Dear Mr. Sampson: On behalf of the applicant, Dartmouth MFP, LLC, the purpose of this letter is to request approval for a waiver to a City (City) of Englewood staff-imposed design/ construction element that is being requested of the applicant with the above-mentioned project. A Vicinity Map of the area in question is below. Figure 1 VICINITY MAP. Page 335 of 471 Wh Planned Unit Development- Pud Site Plan Application Design Waiver Request 2 PROJECT INFORMATION The project proposes redevelopment of approximately 6.6 -acres of land which is currently an industrial use (crane service and storage). The project which is a long and narrow parcel of land will be developed to include 203 new residential apartment units within eleven buildings and one building for resident amenities (clubhouse with a pool). In addition to the building, appurtenant parking, significant improvements to the landscape, providing a storm water quality and detention system for the 100-year storm events (no detention or water quality exist at this time) this project will also be improving the public water system by replacing an existing four inch water main and creating additional loops to the line in S. Galapago. St. Further, as negotiated with the City, the site configuration has been adjusted to accommodate a ten-foot trail easement along the entire west boundary. DESIGN REQUEST The City, through the DRT process, has requested that this project provide right of way construction in front of the single family homesites along the west side of S. Galapago St. which are not a part of this project. (see vicinity Map above.) The requested construction includes removal of the existing monolithic rollover curb, gutter and 3-foot +/- sidewalk and replacement with 6-inch vertical curb, gutter and 5.5-foot sidewalk in accordance with current City standard. Further, the requirement would include to match grades from the new back of walk to the existing surface. WAIVER REQUEST The Applicant requests that the request to provide construction along the public right of way in front of the single-family homes, not owned by the applicant on S. Galapago St, as shown in the Vicinity Map above, be waived. JUSTIFICATION The request for the improvements in front of the single-family homes creates concerns for the applicant for a few reasons. First, the applicant has agreed to dedicate an easement that is ten feet wide along the entire western portion of the project for the use and benefit of the greater community of Englewood. The easement will become a multi-modal trail that runs parallel to the rail lines. It is our understanding that conceptual consideration for a bridge over Dartmouth Ave has been considered and that the trail would cross the grade of the lower Dartmouth Ave. on this bridge. Page 336 of 471 Wh Planned Unit Development- Pud Site Plan Application Design Waiver Request 3 Further it is the understanding of the design team based upon the conversations that took place in the DRT meetings that the provision of this trail easement dedication and the loss of ability to permanently use that land for landscape and buffer yard should be considered as a sufficient public improvement that would serve to eliminate the request for the right of way improvements that are at issue with this waiver request. Second, the land that would be affected includes right of way that was been improved by the respective landowners. Improvements include fences, retaining wall, driveway accesses and landscaping. The reconstruction of the sidewalk would eliminate many of these improvements and would require disturbance to catch the grade as the yards rise toward the houses. Further, the installation of a 6-inch vertical curb would block the vehicular access from Galapago that many residents have created (or was allowed). We believe the removal of the improved frontages would, not be desired by the adjacent landowners. Third, it is our opinion that any improvements in front of the land controlled by others should be a requirement of their request to redevelop or improve their properties. In conclusion, we feel that while the intent is understood, the desire of the City to require the Applicant to construct offsite improvements that are not adjacent to the project but are fronting other landowner properties is not appropriate. The Applicant is providing for other unanticipated development costs that will benefit the community in the form of the regional trail easement. And as such, was under the impression that there would be some relief in this specific request. Further, the requested improvements would disturb right of way improvements made by the respective landowners that abut the area in question. The removal of these improvements are not likely to be supported by the land owners. While we understand this is public right of way and under the control of the City, we do not want to be perceived as the impetus for these changes. Rather, we believe it is appropriate for the landowners adjacent to the public right of way to be required to upgrade their frontage at the time of redevelopment or request for permit to improve the property. Page 337 of 471 Page 338 of 471 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31MATERIAL BOARD1 1 PANEL -SMOOTH -COLOR 1 (SW7004 SNOWBOUND) PANEL -SMOOTH -COLOR 6 ( KNIGHTS ARMOR) PANEL -TRADITIONAL -COLOR 2 (STERLING GREY) LAPPED SIDING -COLOR 3 (OLIVE) TRIM / FACIA-COLOR 5 (SW6991 BLACK MAGIC) ASPHALT SHINGLES (CERTAINTEED, NOIR BLACK) TRESPA METEON -COLOR 4 (ITALIAN WALNUT)09/25/2020Page 339 of 471 Winslow Crane Neighborhood Meeting Held Virtually via GoToMeeting June 18, 2020  Will there be any affordable units available? (WC answer: probably not)  Will the Sante Fe Depot property be incorporated into the project? (WC answer: no)  What would the timeframe of the project be from breaking ground to final completion? (WC answer: Break ground March of 21’; final completion by Sept. 22’)  What would be the traffic impacts and has traffic impacts been considered with the project? (WC answer: Traffic Impact Study to be included with PUD submittal for review by Public Works)  What are the parking ratios? (WC: parking provided meets the approved PUD District Plan)  What will the quality of the apts be; what is the price point? (WC gave no exact numbers but said ‘not Denver prices’) Page 340 of 471 MINUTES Planning and Zoning Commission Meeting Tuesday, December 8, 2020 COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Michele Austin Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT: Judy Browne Kate Fuller STAFF PRESENT: Erik Sampson, Planner II Wade Burkholder, Planning Manager Brad Power, Director of Community Development Dugan Comer, Deputy City Attorney 1. Call to Order The virtual meeting was called to order by Vice Chair Austin at 7:00 pm 2. Approval of Minutes Draft November 17, 2020 Minutes Moved by Member Colin Haggerty Seconded by Member Diane Lipovsky MOTION TO APPROVE THE NOVEMBER 17 2020 MINUTES. For Against Abstained Cate Townley x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty (Moved By) x 7 0 0 Motion CARRIED. Page 341 of 471 Planning and Zoning Commission December 8, 2020 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Public Hearing Case ZON2020-001 Applicants: Saunders Development and WH Investments 3002 South Huron St. Moved by Member Diane Lipovsky Seconded by Member Daryl Kinton MOTION TO OPEN THE PUBLIC HEARING FOR CASE ZON2020-001, WINSLOW CRANE SITE DEVELOPMENT PLAN, 3002 SOUTH HURON STREET For Against Abstained Cate Townley x Daryl Kinton (Seconded By) x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By) x Colin Haggerty x 7 0 0 Motion CARRIED. Wade Burkholder, Planning Manager was sworn in. Erik Sampson, Planner II was sworn in. Bryant Winslow of Darmouth MFP, LLC was sworn in. Alex Krasnec of Saunders Commercial Development Company was sworn in. Brett Parmelee of Saunders Commercial Development Company was sworn in. James Ronczy of KTGY Arhitecture + Planning was sworn in. Vice Chair Austin entered an email from Kathleen Kirkman into the record. Dan Kaufman, 2904 South Galapago Street, was sworn in. Blake Watters, 2888 South Galapago Street was sworn in. Page 342 of 471 Planning and Zoning Commission December 8, 2020 Jennifer Bartlett, 2844 South Fox Street was sworn in. Moved by Member Cate Townley Seconded by Member Diane Lipovsky MOTION TO CLOSE THE PUBLIC HEARING. For Against Abstained Cate Townley (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty x 7 0 0 Motion CARRIED. Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CASE ZON2020-001 3002 SOUTH HURON STREET, WH SITE DEVELOPMENT PLAN TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT Page 343 of 471 Planning and Zoning Commission December 8, 2020 INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. a. REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. For Against Abstained Cate Townley (Seconded By) x Colin Haggerty (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 9:52 pm Nancy Fenton, Staff Liaison Page 344 of 471 1 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2020-001 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS FOR THE ) FINDINGS OF FACT AND WH PLANNED UNIT DEVELOPMENT PLAN ) CONCLUSIONS OF THE (PUD) SITE DEVELOPMENT PLAN ) CITY PLANNING AND ) ZONING COMMISSION ) INITIATED BY: ) Saunders Development and WH Investments ) 3002 South Huron Street ) Englewood, Colorado 80110 ) Commission Members Present: Austin, Townley, Kinton, Atkins, Lipovsky, Haggerty, Adams Commission Members Absent: Browne, Fuller This matter was heard virtually via Zoom before the City Planning and Zoning Commission on December 8, 2020. Testimony was received from staff, the applicant team, and the public. Written information in the form of a staff report, supporting documentation, and an email from Kathleen Kirkman were incorporated into the record. After considering statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT on March 4, 2013, via Ordinance No. 4, Series 2012/2013, the WH Planned Unit Development (PUD) District Plan was approved by City Council changing the zoning of the property from I-1 and R-2-B to PUD. 2. THAT on July 1, 2020, Saunders Development and WH Investments filed an application with the city for a PUD Site Development Plan in compliance with the approved PUD District Plan. 3. THAT a neighborhood meeting was held virtually on June 18, 2020 in accordance with the Unified Development Code requiring that the maximum time between the neighborhood meeting and a public hearing before the Planning and Zoning Commission shall not be more than 180 days. Notice of the neighborhood meeting was mailed to property owners and occupants within 1,000 feet of the site. Page 345 of 471 2 4. THAT notice of the Public Hearing was published in the Englewood Herald on November 26, 2020 and notice of the Public Hearing was on the City of Englewood’s website from November 21, 2020 through December 8, 2020. 3. THAT the property was posted as required, said posting setting forth the date, time, and how to access the Public Hearing. 4. THAT pursuant to the Planned Unit Development procedure, the proposed WH PUD Site Development Plan and subsequent revisions were reviewed by the Development Review Team (DRT) on February 27, July 21, and October 27, 2020. 5. THAT the approved PUD District Plan allows a maximum height of 75 feet; 45 dwelling units per acre, and 25% open space. Whereas, the proposed WH PUD Site Development Plan reduces the maximum height to 40 feet, and dwelling units to 33 dwelling units per acre, and increases open space to 32.6%. 6. THAT the WH PUD Site Development Plan provides a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. 7. THAT the City of Englewood’s Traffic Engineer has reviewed the WH PUD Site Development Plan and concurs that the 10% parking reduction is appropriate due to the future connection to the Rail Trail and its proximity to the Englewood LRT station. Further, the project’s impact to the city transportation network will require minimal mitigation from the developer. 8. THAT the City of Englewood’s Traffic Engineer has reviewed the traffic study and trip generation analysis and concurs that the development will have little or no impact on the roadways, and the area can easily accommodate the additional traffic. 9. THAT the City of Englewood’s Traffic Engineer and Utility Engineer have reviewed and recommend approval of the proposed vacation of rights-of-way and utility preservation/expansion on the site. CONCLUSIONS 1. THAT the application for a PUD Site Development Plan was filed by Saunders Development and WH Investments on July 1, 2020. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, posting on the City’s website and by posting the property for the required length of time. 3. THAT all testimony received from staff, the applicant team, and public were made part of the record of the Public Hearing. 4. THAT the City of Englewood’s Development Review Team (DRT) reviewed the WH PUD Site Development Plan and the applicant addressed all issues identified by the DRT. The content of the PUD documents is consistent with the requirements of the UDC. Page 346 of 471 3 5. THAT the proposed WH PUD Site Development Plan reduces the approved PUD District Plan maximum height to 40 feet, dwelling units to 33 dwelling units per acre, and increases open space to 32.6%. 6. THAT the proposed WH PUD Site Development Plan will increase the variety and types of housing within the city. 7. THAT the density is appropriate for its location and proximity to the existing Englewood LRT station and Santa Fe Drive. 8. THAT the open space requirement is being met and the dedication for the Rail Trail will be a benefit for members of the community. 9. THAT the requested rights-of-way are reasonable and fair. 10. THAT the parking reduction is appropriate given the distance to the Englewood LRT station. 11. THAT housing is the number one need in Englewood and the WH PUD Site Development Plan will reduce that need. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the application filed Saunders Development and WH Investments for Case ZON2020-001, 3002 South Huron, WH PUD Site Development Plan be recommended to City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 8, 2020, by Mr. Haggerty, seconded by Ms. Townley, which motion states: TO RECOMMEND CASE #ZON2020-001 3002 SOUTH HURON, WH SITE DEVELOPMENT PLAN, TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, Page 347 of 471 4 GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. (a) REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. AYES: Townley, Haggerty, Kinton, Austin, Adams, Atkins, Lipovsky NAYS: None ABSTAIN: None ABSENT: Browne, Fuller The motion carried. These Findings and Conclusions are effective as of the meeting on December 8, 2020. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION _____________________________ Michele Austin, Vice Chair Page 348 of 471 Winslow –Crane PUD Site Development Plan 3002 S. Huron St. ZON2020-001 City Council Public Hearing February 16, 2020 Page 349 of 471 •The PUD District Plan was approved by City Council in March of 2013 - formerly zoned Industrial (I-1) •Consists of nine separate parcels to be combined via minor subdivision process •6.12 acres Site Overview Page 350 of 471 •203 Multi-family Units •Studio, 1-bedroom, and 2-bedroom units •176,529 sq. ft. of residential floor area •12 buildings •8 three-story walk-up apartment buildings with tuck-under garages •3 three-story townhome buildings •1 centrally located amenity building •Other amenities include a pool, public gathering spaces, access to the future Englewood Rail Trail •Request to vacate right-of-way at three different locations on-site Project Overview Page 351 of 471 •PUD Process •District Plan vs. Site Development Plan •District Plan approved March 2013 with the condition that any future development be subject to review by the Planning and Zoning Commission and approval by City Council •Approved PUD District Plan includes a variety of allowed uses. Once residential use has been developed, all industrial uses cease and are no longer allowed Winslow Crane PUD District Plan Page 352 of 471 District Plan –Site Development Plan Allowed by PUD District Plan •Max height allowed: 75 feet •Density allowed: 45 dwelling units per acre •Landscaping: 25% Open Space requirement Proposed by Site Development Plan •Height proposed: 40 feet •Density proposed: 33 dwelling units per acre •Landscaping: 32.6% Open Space proposed Page 353 of 471 •Parking •The UDC would require 345 spaces, the site development plan proposed 311 spaces, a 10% reduction •City Traffic Engineer concluded the proposed reduction was appropriate due to the future connection to the Rail Trail and CityCenter light rail station •Bike Parking: 102 bicycle parking spaces will be provided •Traffic Generation Analysis •Project will create 1,486 weekday trips: 93 AM, 114 PM •Conclusion: the area surrounding the development can easily accommodate the additional generated traffic •Utilities/Drainage/Fire reviewed the proposed plan and have no concerns Site Development Plan (continued)Page 354 of 471 1.A portion of South Huron St. (Exhibit A) Right of Way Vacation Requests Page 355 of 471 2. A portion of West Cornell Ave. & 16-ft. public alleyway Right of Way Vacation Requests Page 356 of 471 Public Works Design Wavier Request •Applicant requested a waiver for the reconstruction of the sidewalk along Galapago St. •Request was denied. •Developer had agreed to improve the sidewalk in front of the properties along the west side of Galapago, which are not a part of this PUD development, and grant an easement to the City for the future construction of the rail trail along the western side of the property.Page 357 of 471 •Planning and Zoning Commission held a Public Hearing on December 8, 2020 •Commission unanimously recommended approval of the WH PUD Site Development Plan, including the two proposed ROW vacation requests with the following conditions of approval: 1.Administrative Approval of a minor subdivision plat and filing with Arapahoe County. 2.Dedication of a 10-foot public trail easement for future construction of the Englewood rail trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3.Approval of right-of-way vacation requests for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley. 4.Removal of the existing monolithic rollover curb, gutter and a 3-foot +/-sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with City standards.The requirement includes matching grades from the new back of walk to the existing surface along the entirety of the Galapago Street frontage, including across the properties located outside of the project that have frontage on Galapago. (a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. 5. Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer. 6. Approval of drainage and water quality study. Planning and Zoning Commission Page 358 of 471 •Planning and Zoning Commission Condition of Approval Item #4(a) •(a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. •Section 16-6-5. –Pedestrian and Bicycle Access and Connectivity, Subsection B.Applicability: “this Section shall apply… to all new residential development containing four (4) or more dwelling units, except where development standards are modified though approval of a Planned Unit Development…” •Approval of PUD District Plan in 2013; •Four DRT reviews in 2020: February, May, July, October: detached sidewalks had never been a staff requirement. •Staff recommends construction of attached sidewalks as proposed by the developer. Sidewalk Analysis Page 359 of 471 •Planning and Zoning Commission Condition of Approval Item #5: •’Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer.’ •Public Works has accepted the traffic study and no further modifications are required. Traffic Analysis Page 360 of 471 Staff Recommendations •Staff recommends approval of ZON2020-001 with the following conditions: 1. Administrative approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood Rail Trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of the right-of-way vacation requests for a portion of W. Cornell Ave, S. Huron St., and a 16' public alley. 4. Removal and replacement of the existing sidewalk along Galapago St., including across properties located outside of the project which have frontage on Galapago. Page 361 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETPROJECT TEAM1. Introductions:a. Bryant Winslow – Dartmouth MFP, LLCb. Alex Krasnec – Saunders Commercial Development Companyc. Brett Parmelee– Saunders Commercial Development Companyd. Terry Willis –KTGY Architecture + Planninge. James “JR” Ronczy –KTGY Architecture + Planningf. Kevin Roth –Roth Lang Engineering GroupPage 362 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETPage 363 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETDartmouth MFP, LLC and Saunders Development propose to build a 203‐unit apartment project on just over 6 acres, at 3002 South Huron Street, also known as the Winslow Crane property at the corner of South Galapago Street and Dartmouth Avenue within the confines of an existing Planned Unit Development (PUD). The proposal excludes several adjacent properties along Galapago Street that are not part of the PUD. It is proposed to develop twelve three‐story walk‐up apartment buildings with 92 tuck‐under private garages and 219 surface parking spaces, totaling 311 spaces. There will be approximately 27 studios, 134 one‐bedroom, and 42 two‐bedroom apartments. The plan proposes that the primary entry to the development will be aligned with West Cornell Avenue with an additional access point from Galapago via an existing access near Dartmouth Avenue. A third access point from Galapago will be located between Cornell and Bates Avenues. It is proposed that the existing alley west of Galapago adjacent to the outlying properties be partially vacated and re‐routed, to preserve existing alley access of those homes to the street. Page 364 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETColored site planPage 365 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETConceptual imagePage 366 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETConceptual imagePage 367 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETConceptual imagePage 368 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETBuilding renderConceptual imagePage 369 of 471 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETUtilityPage 370 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: March 15, 2021 SUBJECT: CB 05 - Vacation of a portion of South Huron Street right-of-way to accommodate the WH PUD Site Development Plan apartment development. DESCRIPTION: CB 05 - Vacation of a portion of South Huron St - WH PUD Site Development Plan RECOMMENDATION: Staff recommends that City Council approve an ordinance regarding WH Investments' request for a vacation of public right-of-way. PREVIOUS COUNCIL ACTION: A public hearing was held and public testimony received by City Council on February 16, 2021 regarding WH Investments' request for a vacation of public right-of-way. SUMMARY: WH Investments, LLC has submitted an application requesting the vacation of public right-of- way in conjunction with the WH PUD Site Development Plan apartment project. The Winslow Crane project proposes 203 multi-family dwelling units in 12 buildings, as referenced in the application for the WH PUD Site Development Plan. As a part of this project, an existing 4-inch (4”) and 6-inch (6”) water main system will be upgraded with a new eight-inch (8”) main. There will also be utility easements dedicated to the City of Englewood for the construction of a new 8-inch (8”) water main and a new 8-inch (8”) sewer main. All required easements for this project will be memorialized by a Minor Subdivision Plat being completed in conjunction with the PUD Site Development Plan. In order to accommodate the Winslow Crane project, approximately 13.360 square feet of the South Huron Street right-of-way will be required to be vacated. The requested portion to be vacated is located between several properties, all of which are owned by the applicant. Exhibits and legal descriptions depicting the vacation request are attached and will be incorporated into the ordinance approving the requested vacation. The applicant is requesting that the street be vacated and distributed back to the applicant. Page 371 of 471 ANALYSIS: The South Huron Street right-of-way request was reviewed by seven City of Englewood departments and divisions: Community Development, Building, Fire, Traffic, Engineering, Utilities, and Wastewater Treatment. None of the departments or divisions had objections to the vacation requests. Community Development, Engineering, and Utilities also reviewed the proposed easement dedications and concurred with the proposed dedications. The vacation requests were also reviewed by dry utility providers including Century Link, Comcast, and Xcel Energy. The dry utility companies provided clearance letters with no objection to the vacation requests. CenturyLink has requested the applicant relocate an existing cable as shown at Exhibit B. Xcel Energy has stated no objection to the vacation as long as the appropriate easements for the low and intermediate pressure gas main facilities are established. As previously stated, all required easements for this project will be memorialized by a Minor Subdivision Plat that is being completed in conjunction with the PUD Site Development Plan. The dry utility companies' clearance letters are attached. An overall depiction of the requested right-of-way vacations and proposed easements in conjunction with the proposed project are attached as Exhibit E. WH Investments has submitted preliminary construction documents for the WH PUD Site Development Plan apartment project which confirm the viability of the proposed utility relocations. The City of Englewood no longer has any public interest in the South Huron Street right-of-way. At the December 8, 2020 Planning and Zoning Commission regular meeting, staff and representatives from WH Investments presented the vacation of right-of-way requests. Staff and WH Investments' representatives answered questions from the Commission regarding the vacation requests. The Commission then moved and seconded a motion to recommend that City Council approve the vacation of approximately 13,360 square feet of South Huron Street right-of-way located on the Winslow Crane property. The motion carried unanimously with 9 for and 0 against. The Minutes from the December 8, 2020 Planning and Zoning Commission regular meeting are attached. If City Council determines from the testimony and information presented that no private rights will be injured or endangered by the vacation, and that the public will suffer no loss or inconvenience by the vacation, and that in justice to the applicant the request for vacation ought to be granted, then the City Council shall approve such vacation by Ordinance. COUNCIL REVIEW STANDARD: 1. That due and legal notice of the public hearing was given on February 4, 2021, upon the city’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of South Huron Street, and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the city by an owner or adjoining owner who would be a proper party to the action requested by the applicant. Page 372 of 471 FINANCIAL IMPLICATIONS: The $29 million WH Planned Unit Development will provide financial benefits to the city including: • A one-time payment to the city of approximately $740,000 in Building Permit and Use Tax Fees. • A one-time payment to the city of approximately $78,000 to the Park Fee-in-Lieu Fund. • Approximately $20,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The WH Planned Unit Development Site Development Plan addresses the following Strategic Plan Outcomes: Neighborhoods The WH PUD Site Development Plan would complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments. The WH PUD Site Development Plan would complete the redevelopment of what was formally vacant or underutilized industrial property. Together the three new developments will create a cohesive neighborhood along the light rail corridor that includes diverse housing choices ranging from for-sale single family homes to leased multi-family apartments. The proposed site development plan includes building forms and materials that complement neighboring buildings. The building type utilized along the Dartmouth Avenue frontage and closest to the single family residences along Galapago that are not a part of this PUD, consists of buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. Transportation The project provides a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. As the Englewood Rail Trail develops it will provide a multi- modal connection between the three new developments and the Englewood light rail station. CONCLUSION: Staff recommends approval of the request to vacate a portion of South Huron Street for the WH Planned Unit Development project. ATTACHMENTS: Council Bill #5 Exhibit A: South Huron Right-of-Way Vacation Map and Legal Descriptions Exhibit B: Century Link Clearance Letter and Relocation Map Exhibit C: Comcast Clearance Letter Exhibit D: Xcel Clearance Letter Exhibit E: Vacation and Easement Map Planning and Zoning Commission Minutes December 8, 2020 Staff Presentation Applicant Presentation Page 373 of 471 Page 1 of 3 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 05 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF SOUTH HURON STREET RIGHT-OF-WAY, ALL LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, W. H. Investments, Inc. has requested that a portion of South Huron Street be vacated for construction of the W H Planned Unit Development ("PUD") as set forth on the legal description and drawing identified as Exhibit A, and attached hereto; WHEREAS, communications from Century Link indicates that they are not opposed to the proposed vacation, and that the developer will need to coordinate with Century Link to establish a new easement for Century Link's service line, as set forth in Exhibit B, and attached hereto; WHEREAS, communication from Comcast indicates that they are not opposed to the proposed vacation, and that the developer will need to coordinate with Comcast to establish new easement for Comcast's facilities on the property, as set forth in Exhibit C, and attached hereto; WHEREAS, communication from Xcel Energy indicated that it has facilities within the area of proposed vacation, and established that Xcel Energy would not oppose the vacation of the street subject to certain conditions, as set forth in Exhibit D, and attached hereto; WHEREAS, no abutting property owners were subject to notification of the request for vacation as the street subject to the proposed vacation are encompassed by the PUD property; WHEREAS, on December 8, 2020, the Englewood Planning and Zoning Commission reviewed the requested vacation and thereafter voted to recommend approval of the requested vacation to the Englewood City Council; and WHEREAS, the notice of a Public Hearing to be held before the City Council was published on February 4, 2021. Page 374 of 471 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council, after being duly and fully informed as to fully understand the true nature of this application for vacation of right-of-way and the propriety of granting the same at a public hearing held on February 16, 2021 makes the following findings: 1. That due and legal notice of the public hearing was given on February 3, 2021 and February 4, 2021 respectively, upon the City’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of South Huron Street, and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. Section 2. Additional agreements. 1. W. H. Investments, Inc. will continue to grant access to the City for maintenance of the existing four-inch (4") and six-inch (6") water main system until the new eight-inch (8") water main system has been constructed and accepted by the City; 2. W. H. Investments, Inc. will continue to grant access to the City for repair and maintain the existing twenty-four-inch (24") sanitary sewer main currently crossing through the property, and which shall remain in operation during and after the redevelopment has taken place. 3. W. H. Investments, Inc. will dedicate to the City by a recorded Subdivision Plat such newly constructed eight-inch (8") water main system and associated utility easement; 4. W. H. Investments, Inc. will dedicate to the City by a recorded Subdivision Plat such newly constructed eight-inch (8") sanitary main system and associated utility easement. Section 3. The City Council of the City of Englewood, Colorado, hereby approves the vacation of the right-of-way as set forth within Exhibit A, subject to the agreements as set forth within Section 2 of this Ordinance, all as described within Exhibits B, C, and D, all four Exhibits hereby incorporated herein, and all in accordance with C.R.S. 43-2-303(3) reserving to the City those rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement and/or public reservation in existence and use until Page 375 of 471 Page 3 of 3 such time as those public service facilities have been relocated and accepted by the associated public utility. Section 4. This Ordinance shall take effect and be in force from and after publication in accordance with § 40 of the Home Rule Charter of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 1st day of March, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of March, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of March, 2021 for thirty (30) days. Read by Title and passed on final reading on the 15th day of March, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 18th day of March, 2021. Published by title on the City’s official website beginning on the 17th day of March, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 376 of 471 Page 377 of 471 PARCEL 6PARCEL 540080Page 378 of 471 From:Elkins, James To:Kevin Roth Cc:Alex Krasnec; Erik Sampson Subject:RE: Winslow Crane - New Apartments Date:Wednesday, February 3, 2021 1:47:32 PM Attachments:N.821393 field notes 3001 S Galapago ST-no GIS.pdf USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Centurylink has no problem with the new easements and or right of way. Attached is a drawing of the proposed route to relocate existing cable. Any questiond please call. Thank you James Elkins | OSP Field Engineer MOUNTAIN, LTD. Cell: 720-545-6037 801 W Mineral Ave. Suite 100 Littleton, CO 80120 james.elkins@lumen.com Exhibit B Page 379 of 471 N.821393F.2800879 ENWDCOMA ARAPAHOE ENGLEWOOD JIM ELKINS 720-545-6037 JOE PERO MOUNTAIN LTD.1 1 1 1/8/21 NOT TO SCALE S =SEWER F =FIRE HYDRANT NEW 48" ROUND TR-HH #2 W/ 50' FIBER LOOP; COPPER PASS THROUGH HH X X X X X X X X XX X X X XNEW 1730 HH #1 X X X X HH NEW 4' S/W DG&A P.695_A0878920 HD 4'00+44 01+0000+00 00+04PIT PIT PIT PIT AERIAL COPPER & FIBER CONTINUE AERIAL COPPER & FIBER CONTINUE HD 4'DN 22'02+12NEW 1730 HH #3 00+83 01+92 02+99 P.A087891901+96P.3001_A0877163 P.3003_A0877162 P.3007_A0877161 P.3013_A0877160 + UP 18' 02+95 00+47S 1.2739 1.0385 60' ROW51' ROW FFIRE HYDRANTXXXXXXXXXREMO 299' BKMA-100 REMO 212' ANMW-100W CORNELL AVE TO W DARTMOUTH AVETO CO S GALAPAGO STD/W (DIRT)16' ALLEY(DIRT)XCTL TO REMO (1) DG CTL TO REMO P.A0878919; (2) DG&A XCEL TO REMO THREE POLES 00+0000+19 EOA00+49 EOANEW DG&A SPLICE FIBER & NEW ANMW-100 THEN DOWN 22' ON P.695; PLACE (1) NEW 4' S/W DG&A AT P.695; HAND DIG FIBER & COPPER 4' FROM P.695 TO NEW 1730 HH #1; BORE 503' NEW 2" FIBER DUCT & NEW ANMW-100 IN SAME BORE FROM NEW HH #1 TO NEW 1730 HH #3 AT P.3013; HAND DIG 4' TO P.3013, THEN UP 18' & SPLICE BOTH CABLES; PLACE (1) NEW MST AT P.3013; PLACE (1) NEW DG&A AT P.3013; PLACE (2) NEW 1730 HHs; PLACE (1) NEW 48" ROUND TRAFFIC-RATED HH (#2) AT 01+00; PLACE 50' FIBER LOOP IN TR-HH, COPPER CABLE IS A PASS-THROUGH; REMO P.A0878919 & (2) DG&As; REMO (1) DG AT P.3003; REMO (1) MST, (1) 49A TERMINAL; (3) SPLICE CASES; REMO 90' 50-PR CABLE TO 3018 S HURON ST; REMO 80' (1) FIBER DROP; REMO 511' AERIAL BROWNFIELD FIBER, 212' AERIAL ANMW-100, 299' AERIAL BKMA-100; MOVE & REATTACH (1) DROP TO P.3013; CITY OF ENGLEWOOD PERMIT REQUIRED; TRAFFIC CONTROL REQUIRED. B=511' HH NOTE: POSSIBLE ROCK IN BORE AREA.Page 380 of 471 City of Englewood Subject: Letter of No Objection – Easement Vacation, 3002 S. Huron St. Englewood, CO 80110. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 3002 S. Huron St. Englewood, CO 80110. the vacation of the alley will be approved contingent vacations are acceptable, with conditions that the proposed easements are dedicated Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Cornell St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Exhibit C Page 381 of 471 Siting and Land Rights Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571. 3284 donna.l.george@xcelenergy.com January 19, 2021 City of Englewood Planning Department Englewood Civic Center - 1000 Englewood Parkway Englewood, CO 80110 Re: Right of Way Vacation in Englewood To Whom It May Concern: Public Service Company of Colorado’s (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Right of Way Vacation in Englewood. Given that PSCo has existing intermediate pressure natural gas and overhead electric facilities within the “Cornell and alley” exhibit area and both low and intermediate pressure gas main facilities in the “Huron” area, easements are required to cover these utilities. Prior to the vacation, the property owner/developer/contractor must contact Robyn Martinez, Right-of-Way Agent at robyn.m.martinez@xcelenergy.com for all required express PSCo easement documents in order that these facilities remain protected with land rights. Please note that the timing between vacation and new easement is critical. The easements must be recorded directly and immediately after the vacation is recorded. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 – Email: donna.l.george@xcelenergy.com Exhibit D Page 382 of 471 4 7 5 3 1 8 9 10 11 12 6 2 S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW)BNS F R A I L W A Y (WI D T H V A R I E S )W BATES AVE(60' ROW)VARIABLE WIDTH PUBLIC ROW 16' PUBLIC ALLEY (TO BE VACATED)NHORIZONTAL SCALE: 1" = 4040 40' 0 LEGEND: CDOT PROPERTY PUBLIC ROW TO REMAIN PUBLIC ROW TO BE VACATED UTILITY EASEMENT 10' TRAIL EASEMENT 24' ACCESS EASEMENT EXISTING UTILITY EASEMENT TO REMAIN EXISTING EASEMENT TO BE VACATED BUILDING NUMBERS ## WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20206 of6 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO NOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE. CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLE WORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLAT PROCESS WILL CREATE THE FINAL LIMITS. Exhibit E Page 383 of 471 MINUTES Planning and Zoning Commission Meeting Tuesday, December 8, 2020 COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Michele Austin Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT: Judy Browne Kate Fuller STAFF PRESENT: Erik Sampson, Planner II Wade Burkholder, Planning Manager Brad Power, Director of Community Development Dugan Comer, Deputy City Attorney 1. Call to Order The virtual meeting was called to order by Vice Chair Austin at 7:00 pm 2. Approval of Minutes Draft November 17, 2020 Minutes Moved by Member Colin Haggerty Seconded by Member Diane Lipovsky MOTION TO APPROVE THE NOVEMBER 17 2020 MINUTES. For Against Abstained Cate Townley x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty (Moved By) x 7 0 0 Motion CARRIED. Page 384 of 471 Planning and Zoning Commission December 8, 2020 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Public Hearing Case ZON2020-001 Applicants: Saunders Development and WH Investments 3002 South Huron St. Moved by Member Diane Lipovsky Seconded by Member Daryl Kinton MOTION TO OPEN THE PUBLIC HEARING FOR CASE ZON2020-001, WINSLOW CRANE SITE DEVELOPMENT PLAN, 3002 SOUTH HURON STREET For Against Abstained Cate Townley x Daryl Kinton (Seconded By) x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By) x Colin Haggerty x 7 0 0 Motion CARRIED. Wade Burkholder, Planning Manager was sworn in. Erik Sampson, Planner II was sworn in. Bryant Winslow of Darmouth MFP, LLC was sworn in. Alex Krasnec of Saunders Commercial Development Company was sworn in. Brett Parmelee of Saunders Commercial Development Company was sworn in. James Ronczy of KTGY Arhitecture + Planning was sworn in. Vice Chair Austin entered an email from Kathleen Kirkman into the record. Dan Kaufman, 2904 South Galapago Street, was sworn in. Blake Watters, 2888 South Galapago Street was sworn in. Page 385 of 471 Planning and Zoning Commission December 8, 2020 Jennifer Bartlett, 2844 South Fox Street was sworn in. Moved by Member Cate Townley Seconded by Member Diane Lipovsky MOTION TO CLOSE THE PUBLIC HEARING. For Against Abstained Cate Townley (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty x 7 0 0 Motion CARRIED. Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CASE ZON2020-001 3002 SOUTH HURON STREET, WH SITE DEVELOPMENT PLAN TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT Page 386 of 471 Planning and Zoning Commission December 8, 2020 INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. a. REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. For Against Abstained Cate Townley (Seconded By) x Colin Haggerty (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 9:52 pm Nancy Fenton, Staff Liaison Page 387 of 471 Winslow Crane PUD 3002 S. Huron St. S. Huron Right-of-Way Vacation SUB2021-005 City Council Public Hearing February 16, 2021 Page 388 of 471 1.A portion of South Huron St. (Exhibit A) Right of Way Vacation Requests Page 389 of 471 Page 390 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: March 15, 2021 SUBJECT: CB 06 - Vacation of a portion of West Cornell Ave right-of-way and a portion of the associated public alley for the WH PUD Site Development Plan DESCRIPTION: CB 06 - Vacation of a portion of West Cornell Ave right-of-way and a portion of the associated alley - WH PUD Site Development Plan RECOMMENDATION: Staff recommends that City Council approve an ordinance regarding WH Investments' request for a vacation of public right-of-way. PREVIOUS COUNCIL ACTION: A public hearing was held and public testimony received by City Council on February 16, 2021 regarding WH Investments' request to vacate West Cornell Ave right-of-way and a portion of the associated public alley for the WH PUD Site Development Plan. SUMMARY: WH Investments, LLC has submitted an application requesting the vacation of public right-of- way in conjunction with the WH PUD Site Development Plan apartment development. The proposed Winslow Crane project proposes 203 multi-family dwelling units in 12 buildings, as referenced in the application for the WH PUD Site Development Plan. As a part of this project, an existing 6-inch (6”) water main system will be upgraded with a new eight-inch (8”) main. There will also be utility easements dedicated to the City of Englewood for the construction of a new 8-inch (8”) water main and a new 8-inch (8”) sewer main. All required easements for this project will be memorialized by a Minor Subdivision Plat that is being completed in conjunction with the PUD Site Development Plan. In order to accommodate the Winslow Crane project, approximately 10,263 square feet of the West Cornell Avenue and public alley right-of-way are required to be vacated. The requested portion to be vacated is located between several properties, all of which are owned by the applicant. Exhibits and legal descriptions depicting the vacation request are attached and will be incorporated into the ordinance approving the requested vacation. The applicant is requesting that the street be vacated and distributed back to the applicant. Page 391 of 471 ANALYSIS: The West Cornell Avenue and the adjoining public alley right-of-way request was reviewed by seven City of Englewood departments and divisions: Community Development, Building, Fire, Traffic, Engineering, Utilities, and Wastewater Treatment. None of the departments or divisions had objections to the vacation requests. Community Development, Engineering, and Utilities also reviewed the proposed easement dedications and concurred with the proposed dedications. The vacation requests were also reviewed by dry utility providers including Century Link, Comcast, and Xcel Energy. The dry utility companies provided clearance letters with no objection to the vacation requests. CenturyLink has requested that the applicant relocate an existing cable as shown on Exhibit B. Xcel Energy has stated no objection to the vacation as long as the appropriate easements for the low and intermediate pressure gas main facilities are established. As previously stated, all required easements for this project will be memorialized by a minor subdivision that is being completed in conjunction with the PUD Site Development Plan. The clearance letters from the dry utility companies are attached. An overall depiction of the requested right-of-way vacations and proposed easements in conjunction with the proposed project are attached as Exhibit E. WH Investments has submitted construction documents for the WH PUD Site Development Plan apartment project which confirm the viability of the proposed utility relocations. The City of Englewood no longer has any public interest in the West Cornell Avenue or public alley right-of- ways. At the December 8, 2020 Planning and Zoning Commission regular meeting, staff and representatives from WH Investments presented the vacation of right-of-way requests. Staff and WH Investments' representatives answered questions from the Commission regarding the vacation requests. The Commission moved and seconded a motion to recommend that City Council approve the vacation of approximately 10,263 square feet of West Cornell Avenue and 16 feet of public alley right-of-way located on the Winslow Crane property. The motion carried unanimously with 9 for and 0 against. The Minutes from the December 8, 2020 Planning and Zoning Commission regular meeting are attached. If City Council determines from the testimony and information presented that no private rights will be injured or endangered by the vacation, and that the public will suffer no loss or inconvenience by the vacation, and that in justice to the applicant the request for vacation ought to be granted, then the City Council shall approve such vacation by Ordinance. COUNCIL REVIEW STANDARD: 1. That due and legal notice of the public hearing was given on February 4, 2021 upon the city’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of West Cornell Avenue and associated alley, and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the city by an owner or adjoining owner who would be a proper party to the action requested by the applicant. Page 392 of 471 FINANCIAL IMPLICATIONS: The $29 million WH Planned Unit Development will provide financial benefits to the city including: • A one-time payment to the city of approximately $740,000 in Building Permit and Use Tax Fees. • A one-time payment to the city of approximately $78,000 to the Park Fee-in-Lieu Fund. • Approximately $20,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The WH Planned Unit Development Site Development Plan connects to the following Strategic Plan Outcomes: Neighborhoods The WH PUD Site Development Plan will complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments. The WH PUD Site Development Plan would complete the redevelopment of what was formally vacant or underutilized industrial property. Together, the three new developments create a cohesive neighborhood along the light rail corridor that includes diverse housing choices ranging from for-sale single family homes to leased multi-family apartments. The proposed Site Development Plan proposes building forms and materials that will complement neighboring buildings. The building type utilized along the Dartmouth Avenue frontage and closest to the single family residences along Galapago that are not a part of this PUD, consist of buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. Transportation The project will provide a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. As the Englewood Rail Trail develops, it will provide a multi-modal connection between the three new developments and the Englewood light rail station. CONCLUSION: Staff recommends approval of the request to vacate of a portion of West Cornell Avenue and associated public alley for the WH Planned Unit Development project. ATTACHMENTS: Council Bill #6 Exhibit A: West Cornell and Public Alley Right-of-Way Vacation Map and Legal Descriptions Exhibit B: Century Link Clearance Letter and Relocation Map Exhibit C: Comcast Clearance Letter Exhibit D: Xcel Clearance Letter Exhibit E: Vacation and Easement Map Planning and Zoning Commission Minutes December 8, 2020 PowerPoint Presentation Page 393 of 471 Page 1 of 3 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 06 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF WEST CORNELL STREET RIGHT-OF-WAY AND A PORTION OF THE ASSOCIATED ALLEY, ALL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, W. H. Investments, has requested that a portion of West Cornell Avenue and associated alley be vacated for construction of the W H Planned Unit Development ("PUD"), as set forth on the legal description and drawing identified as Exhibit A, and attached hereto; WHEREAS, communications from Century Link indicates that they are not opposed to the proposed vacation, and that the developer will need to coordinate with Century Link to establish a new easement for Century Link's service line, as set forth in Exhibit B, and attached hereto; WHEREAS, communication from Comcast indicates that they are not opposed to the proposed vacation, and that the developer will need to coordinate with Comcast to establish new easement for Comcast's facilities on the property, as set forth in Exhibit C, and attached hereto; WHEREAS, communication from Xcel Energy indicated that it has facilities within the area of proposed vacation, and established that Xcel Energy would not oppose the vacation of either the street or alley subject to certain conditions, as set forth in Exhibit D, and attached hereto; WHEREAS, no abutting property owners were subject to notification of the request for vacation as the street and alley subject to the proposed vacation are encompassed by the PUD property; WHEREAS, on December 8, 2020 the Englewood Planning and Zoning Commission reviewed the requested vacation and thereafter voted to recommend approval of the requested vacation to the Englewood City Council; and WHEREAS, the notice of a Public Hearing to be held before the City Council was published on February 4, 2021. Page 394 of 471 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council, after being duly and fully informed as to fully understand the true nature of this application for vacation of right-of-way and the propriety of granting the same at a public hearing held on February 16, 2021 makes the following findings: 1. That due and legal notice of the public hearing was given on February 3, 2021 and February 4, 2021 respectively, upon the City’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of West Cornell Avenue and associated alley, and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. Section 2. Additional agreements. 1. W. H. Investments, Inc. will continue to grant access to the City for maintenance of the existing 6-inch (6") water line until the new eight- inch (8") water main has been constructed and accepted by the City; 2. W. H. Investments, Inc. will continue to grant access to the City for maintenance of the existing 8-inch (8") sanitary sewer main system until such time as the main is partially abandoned and/or removed, and any remaining portion of the sanitary sewer main remaining in service shall remain in service in perpetuity and continue to be owned and maintained by the City; 3. W. H. Investments, Inc. will dedicate to the City by a recorded Subdivision Plat such newly constructed eight-inch (8") water main system and associated utility easement; 4. W. H. Investments, Inc. will dedicate to the City by a recorded Subdivision Plat such newly constructed eight-inch (8") sanitary sewer main system and associated utility easement. Section 3. The City Council of the City of Englewood, Colorado, hereby approves the vacation of the right-of-way and alley as set forth within Exhibit A, subject to the agreements as set forth within Section 2 of this Ordinance, all as described within Exhibits B, C, and D, all four Exhibits hereby incorporated herein, and all in accordance with C.R.S. 43-2-303(3) reserving to the City those rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement and/or public reservation in existence and Page 395 of 471 Page 3 of 3 use until such time as those public service facilities have been relocated and accepted by the associated public utility. Section 4. This Ordinance shall take effect and be in force from and after publication in accordance with § 40 of the Home Rule Charter of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 1st day of March, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of March, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of March, 2021 for thirty (30) days. Read by Title and passed on final reading on the 15th day of March, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 18th day of March, 2021. Published by title on the City’s official website beginning on the 17th day of March, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 396 of 471 EXHIBIT A A PARCEL OF LAND BEING A PORTION OF WEST CORNELL AVENUE, THE SIXTEEN (16) FOOT WIDE ALLEY IN BLOCK 1 OF TAYLOR'S ADDITION, AND ALL OF PARCEL 2 AND PARCEL 3 AS DESCRIBED AT BOOK 5712, PAGE 490, ALL DOCUMENTS AS FILED IN THE ARAPAHOE CLERK AND RECORDER'S OFFICE; SITUATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE S89"37'29nW, ALONG THE NORTH LINE OF LOT 49 OF SAID BLOCK 1, A DISTANCE OF 126.85 FEET TO THE NORTHWEST CORNER OF SAID LOT 49; THENCE soo·o1'36"W, ALONG THE WEST LINE OF LOTS 42 THROUGH 49, INCLUSIVE, OF SAID BLOCK 1, A DISTANCE OF 200.14 FEET TO THE SOUTHWEST CORNER OF SAID LOT 42; THENCE S89"37'08n W A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK 1; THENCE N00"01 '36n E, ALONG THE EAST LINE OF LOTS 1 THROUGH 5, INCLUSIVE, OF SAID BLOCK 1, AND THE WEST LINE OF PARCEL 3 OF SAID BOOK 5712, PAGE 490, A DISTANCE OF 249.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE N89"39'32nE, ALONG THE NORTH LINE OF SAID PARCEL 3 AND SAID PARCEL 2, A DISTANCE OF 142.81 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY; THENCE S00"01 '1 O n E, ALONG THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY, A DISTANCE OF 49.40 FEET TO THE POINT OF BEGINNING; CONTAINING: 10,263 SQUARE FEET, 0.236 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY: DON LAMBERT, PLS 30830 FOR AND ON BEHALF OF Esi land surveying, lie �;�USERS\D0N l.AMBERT\ESI 1EAM DROPBOX\ESI PROJEClS\DARlMOUTH & GALAPAG0\ESI ENGLEWOOD APARlMENlS SUBDIVISION Pl.AT 101820.DWG 11/24/2020 2:00 SHEET 1 OF 2 Esi land surveying, lie 3531 S. Logan St. D-324 Englewood, CO 80113 Ph: 303-340-0113 DAlE 10/28/20 PROJECT NO. 20-009 Page 397 of 471 PARCEL 3A20040EXHIBIT APage 398 of 471 From:Elkins, James To:Kevin Roth Cc:Alex Krasnec; Erik Sampson Subject:RE: Winslow Crane - New Apartments Date:Wednesday, February 3, 2021 1:47:32 PM Attachments:N.821393 field notes 3001 S Galapago ST-no GIS.pdf USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Centurylink has no problem with the new easements and or right of way. Attached is a drawing of the proposed route to relocate existing cable. Any questiond please call. Thank you James Elkins | OSP Field Engineer MOUNTAIN, LTD. Cell: 720-545-6037 801 W Mineral Ave. Suite 100 Littleton, CO 80120 james.elkins@lumen.com Exhibit B Page 399 of 471 N.821393F.2800879 ENWDCOMA ARAPAHOE ENGLEWOOD JIM ELKINS 720-545-6037 JOE PERO MOUNTAIN LTD.1 1 1 1/8/21 NOT TO SCALE S =SEWER F =FIRE HYDRANT NEW 48" ROUND TR-HH #2 W/ 50' FIBER LOOP; COPPER PASS THROUGH HH X X X X X X X X XX X X X XNEW 1730 HH #1 X X X X HH NEW 4' S/W DG&A P.695_A0878920 HD 4'00+44 01+0000+00 00+04PIT PIT PIT PIT AERIAL COPPER & FIBER CONTINUE AERIAL COPPER & FIBER CONTINUE HD 4'DN 22'02+12NEW 1730 HH #3 00+83 01+92 02+99 P.A087891901+96P.3001_A0877163 P.3003_A0877162 P.3007_A0877161 P.3013_A0877160 + UP 18' 02+95 00+47S 1.2739 1.0385 60' ROW51' ROW FFIRE HYDRANTXXXXXXXXXREMO 299' BKMA-100 REMO 212' ANMW-100W CORNELL AVE TO W DARTMOUTH AVETO CO S GALAPAGO STD/W (DIRT)16' ALLEY(DIRT)XCTL TO REMO (1) DG CTL TO REMO P.A0878919; (2) DG&A XCEL TO REMO THREE POLES 00+0000+19 EOA00+49 EOANEW DG&A SPLICE FIBER & NEW ANMW-100 THEN DOWN 22' ON P.695; PLACE (1) NEW 4' S/W DG&A AT P.695; HAND DIG FIBER & COPPER 4' FROM P.695 TO NEW 1730 HH #1; BORE 503' NEW 2" FIBER DUCT & NEW ANMW-100 IN SAME BORE FROM NEW HH #1 TO NEW 1730 HH #3 AT P.3013; HAND DIG 4' TO P.3013, THEN UP 18' & SPLICE BOTH CABLES; PLACE (1) NEW MST AT P.3013; PLACE (1) NEW DG&A AT P.3013; PLACE (2) NEW 1730 HHs; PLACE (1) NEW 48" ROUND TRAFFIC-RATED HH (#2) AT 01+00; PLACE 50' FIBER LOOP IN TR-HH, COPPER CABLE IS A PASS-THROUGH; REMO P.A0878919 & (2) DG&As; REMO (1) DG AT P.3003; REMO (1) MST, (1) 49A TERMINAL; (3) SPLICE CASES; REMO 90' 50-PR CABLE TO 3018 S HURON ST; REMO 80' (1) FIBER DROP; REMO 511' AERIAL BROWNFIELD FIBER, 212' AERIAL ANMW-100, 299' AERIAL BKMA-100; MOVE & REATTACH (1) DROP TO P.3013; CITY OF ENGLEWOOD PERMIT REQUIRED; TRAFFIC CONTROL REQUIRED. B=511' HH NOTE: POSSIBLE ROCK IN BORE AREA.Page 400 of 471 City of Englewood Subject: Letter of No Objection – Easement Vacation, 3002 S. Huron St. Englewood, CO 80110. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 3002 S. Huron St. Englewood, CO 80110. the vacation of the alley will be approved contingent vacations are acceptable, with conditions that the proposed easements are dedicated Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Cornell St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Exhibit C Page 401 of 471 Siting and Land Rights Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571. 3284 donna.l.george@xcelenergy.com January 19, 2021 City of Englewood Planning Department Englewood Civic Center - 1000 Englewood Parkway Englewood, CO 80110 Re: Right of Way Vacation in Englewood To Whom It May Concern: Public Service Company of Colorado’s (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Right of Way Vacation in Englewood. Given that PSCo has existing intermediate pressure natural gas and overhead electric facilities within the “Cornell and alley” exhibit area and both low and intermediate pressure gas main facilities in the “Huron” area, easements are required to cover these utilities. Prior to the vacation, the property owner/developer/contractor must contact Robyn Martinez, Right-of-Way Agent at robyn.m.martinez@xcelenergy.com for all required express PSCo easement documents in order that these facilities remain protected with land rights. Please note that the timing between vacation and new easement is critical. The easements must be recorded directly and immediately after the vacation is recorded. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 – Email: donna.l.george@xcelenergy.com Exhibit D Page 402 of 471 4 7 5 3 1 8 9 10 11 12 6 2 S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW)BNS F R A I L W A Y (WI D T H V A R I E S )W BATES AVE(60' ROW)VARIABLE WIDTH PUBLIC ROW 16' PUBLIC ALLEY (TO BE VACATED)NHORIZONTAL SCALE: 1" = 4040 40' 0 LEGEND: CDOT PROPERTY PUBLIC ROW TO REMAIN PUBLIC ROW TO BE VACATED UTILITY EASEMENT 10' TRAIL EASEMENT 24' ACCESS EASEMENT EXISTING UTILITY EASEMENT TO REMAIN EXISTING EASEMENT TO BE VACATED BUILDING NUMBERS ## WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20206 of6 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO NOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE. CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLE WORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLAT PROCESS WILL CREATE THE FINAL LIMITS. Exhibit E Page 403 of 471 MINUTES Planning and Zoning Commission Meeting Tuesday, December 8, 2020 COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Michele Austin Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT: Judy Browne Kate Fuller STAFF PRESENT: Erik Sampson, Planner II Wade Burkholder, Planning Manager Brad Power, Director of Community Development Dugan Comer, Deputy City Attorney 1. Call to Order The virtual meeting was called to order by Vice Chair Austin at 7:00 pm 2. Approval of Minutes Draft November 17, 2020 Minutes Moved by Member Colin Haggerty Seconded by Member Diane Lipovsky MOTION TO APPROVE THE NOVEMBER 17 2020 MINUTES. For Against Abstained Cate Townley x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty (Moved By) x 7 0 0 Motion CARRIED. Page 404 of 471 Planning and Zoning Commission December 8, 2020 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Public Hearing Case ZON2020-001 Applicants: Saunders Development and WH Investments 3002 South Huron St. Moved by Member Diane Lipovsky Seconded by Member Daryl Kinton MOTION TO OPEN THE PUBLIC HEARING FOR CASE ZON2020-001, WINSLOW CRANE SITE DEVELOPMENT PLAN, 3002 SOUTH HURON STREET For Against Abstained Cate Townley x Daryl Kinton (Seconded By) x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By) x Colin Haggerty x 7 0 0 Motion CARRIED. Wade Burkholder, Planning Manager was sworn in. Erik Sampson, Planner II was sworn in. Bryant Winslow of Darmouth MFP, LLC was sworn in. Alex Krasnec of Saunders Commercial Development Company was sworn in. Brett Parmelee of Saunders Commercial Development Company was sworn in. James Ronczy of KTGY Arhitecture + Planning was sworn in. Vice Chair Austin entered an email from Kathleen Kirkman into the record. Dan Kaufman, 2904 South Galapago Street, was sworn in. Blake Watters, 2888 South Galapago Street was sworn in. Page 405 of 471 Planning and Zoning Commission December 8, 2020 Jennifer Bartlett, 2844 South Fox Street was sworn in. Moved by Member Cate Townley Seconded by Member Diane Lipovsky MOTION TO CLOSE THE PUBLIC HEARING. For Against Abstained Cate Townley (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty x 7 0 0 Motion CARRIED. Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CASE ZON2020-001 3002 SOUTH HURON STREET, WH SITE DEVELOPMENT PLAN TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT Page 406 of 471 Planning and Zoning Commission December 8, 2020 INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. a. REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. For Against Abstained Cate Townley (Seconded By) x Colin Haggerty (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 9:52 pm Nancy Fenton, Staff Liaison Page 407 of 471 Winslow Crane PUD 3002 S. Huron St. W. Cornell and Public Alley Right-of-Way Vacation SUB2021-004 City Council Public Hearing February 16, 2021 Page 408 of 471 2. A portion of West Cornell Ave. & 16-ft. public alleyway Right of Way Vacation Requests Page 409 of 471 Page 410 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Janet Lundquist, Steve Ortega DEPARTMENT: Public Works DATE: March 15, 2021 SUBJECT: Enterprise Fleet Management Recommendation DESCRIPTION: Recommendation to approve a resolution authorizing a contract with Enterprise Leasing to replace six city vehicles due or past due for replacement. RECOMMENDATION: Staff recommends approving a lease agreement with Enterprise Fleet Management to lease six vehicles. PREVIOUS COUNCIL ACTION: Staff presented the option of leasing with Enterprise Fleet Management during the Study Session on Monday, February 8, 2021. The original Enterprise proposal included pricing to replace 21 vehicles. Staff evaluated the price for each unit, including residual costs, and compared to the purchase price for comparable vehicles through State bid; as a result, staff decreased the number of units on the Enterprise proposal to six (6). SUMMARY: Staff is proposing to utilize the Sourcewell contract awarded to Enterprise Fleet Management to lease six (6) new units under a five-year term to replace units that are due or past due for replacement. • Three (3) units to replace unit numbers 1428, 1435 and 1442 for Utilities • One (1) unit to replace unit number 2378 for Community Development • One (1) unit to replace unit number 3580 for Engineering • One (1) unit to replace unit number 5270 for Parks and Recreation Unit # Year/Make/Model Department CERF Collected 1428 2008 GMC Sierra 1500 Utilities/Water $11,665.00 + Auction Sale Profit 1435 2011 GMC Sierra 1500 Utilities/Water $18,224.00 + Auction Sale Profit 1442 2013 Chevy Silverado 1500 Utilities/Water $19,456.00 + Auction Sale Profit 2378 2007 Chevy Silverado 1500 Community $13,552.00 + Auction Sale Profit 3580 2001 Ford F150 Engineering $20,416.00 + Auction Sale Profit 5270 2013 Chevy G30 Van Parks and Rec $27,408.00 + Auction Sale Profit Total $110,721.00 + Auction Sale Profit (TBD) Page 411 of 471 All units listed will be sent to auction. The City of Englewood will receive the profit of the sale minus the seller fees. The total CERF amount collected for replacement of these six (6) units is $110,721.00 + Auction Sale Profit (TBD). The total paid into the Capital Equipment Replacement Fund (CERF) and the profit collected from the sale will be deducted from the cost of the new unit. Each department will pay the remaining balance over the next 2-3 years, starting in 2022. To date, Fleet Services has spent $0.00 with Enterprise Fleet Management. Approval of this lease would increase that amount to $28,888.00 annually over a five (5) year lease agreement. After the five (5) year term, the total amount spent with Enterprise Fleet Management would be $144,440.00. ANALYSIS: Staff researched the cost to purchase each unit using the State Price Agreements; the cost break down is below: Unit # Replacement Year/Make/Model State Bid Price Added Options 1428 2022 Chevrolet Silverado 1500 (crew cab) $33,826.00 Back up alarm, V8, remote keyless entry, tow pkg, spray-in bed liner, AM/FM single-disc CD, extra key & remote 1435 2022 Chevrolet Silverado 1500 (Regular Cab) $32,083.00 Long bed, back up alarm, tow pkg, bed liner, power locks, extra key & fob 1442 2022 Chevrolet Silverado 1500 (Regular Cab) $32,083.00 Long bed, back up alarm, tow pkg, bed liner, power locks, extra key & fob 2378 2022 Chevrolet Silverado 1500 (Regular Cab) $32,083.00 Long bed, back up alarm, tow pkg, bed liner, power locks, extra key & fob 3580 2001 Ford F150 $32,083.00 Long bed, back up alarm, tow pkg, bed liner, power locks, extra key & fob 5270 2021 Chevy Express 3500 Van $31,390.00 See quote Total $193,548.00 (Estimate Only) This is a pilot project being implemented to evaluate the benefits of leasing versus ownership. Some of the potential benefits include: • State bid will require utilizing several different dealerships, which may delay unit arrivals. • Enterprise Fleet Management would order the units, upfit them to specifications, and deliver to the city. • The City will have the ability to spread the $144,440.00 over the next five (5) years. • The City will save roughly $49,108.00 over the next five (5) years Vendor Cost Enterprise Services $28,888.00 per year x 5 years = $144,440.00 Page 412 of 471 State Bid $193,548.00 one-time cost (estimate) Staff recommends moving forward with Enterprise Fleet Management to replace six (6) units based on the following: • Vehicle Acquisition - Enterprise's ability to acquire all makes and models at the lowest cost with flexible funding options, including capital purchases, traditional vehicle financing, and flexible leasing options. With Enterprise's unbiased approach, they can provide a recommendation on the best vehicle while utilizing their proactive acquisition strategy to keep the City's acquisition costs low. • Overall Fleet Management Recommendations for Light-Duty Vehicles - Enterprise can manage all aspects, including providing life cycle modeling, taking a look at maintenance and repair expenses, and analyzing current data to determine the best time to cycle the City's fleet. • Vehicle Cycling - Experience with replacing over a million vehicles yearly has made Enterprise the expert in market timing, getting optimal re-sale values, and minimizing acquisition costs. • Disposal - Enterprise Fleet Management's network of wholesalers and dealerships allows Enterprise to re-sell client vehicles for 10 - 15% above auction prices. Ability to apply gains from re-sale towards additional vehicles, reducing the capitalized cost for those new vehicles. • Dedicated Account Manager - Enterprise's Account Manager will provide industry expertise and detailed financial analyses on vehicle selection, maximizing available rebates and volume incentives to lower acquisition costs. In addition, their proactive approach to vehicle ordering, cycle recommendations, and the total cost of ownership will help the City to reduce overall fleet costs. Enterprise Fleet Management was awarded Sourcewell Contract #060618-EFM on July 24, 2018. It is in effect through July 24, 2022. FINANCIAL IMPLICATIONS: The total cost to replace six (6) units through Enterprise Fleet Management is $28,888.00 per year. The cost breakdown is shown in the table below: Page 413 of 471 Fleet Services would pay $28,888.00 over the next five (5) years for a total of $144,440.00. After the five-year lease the city would have three options: • Purchase the six units by paying the residual cost upfront or on a payment plan over the next year. • Have Enterprise Fleet Management sell the units, and the city would receive the sale price minus residual. • Turn in the units and start a new lease agreement. CONNECTION TO STRATEGIC PLAN: Governance - A City government that is accountable, effective, and efficient Fleet Services staff would work with Enterprise Fleet Management to replace six (6) vehicles that are past due for replacement. Doing this will reduce maintenance costs and fuel consumption, and will allow the City to catch up on replacing CERF vehicles in the most cost- efficient way available. ALTERNATIVES: The alternative is to solicit bids from vendors and purchase these vehicles outright, which may result in a higher cost per unit and would not allow the city to purchase as many vehicles at once. CONCLUSION: Staff recommends leasing six (6) units, utilizing Sourcewell Contract #060618-EFM awarded to Enterprise Fleet Management, at a total cost of $144,440.00 after the five (5) year term. Approval of this lease agreement will bring the total amount spent in 2021with Enterprise Fleet Management to $28,880.00. ATTACHMENTS: Page 414 of 471 Resolution Sourcewell Contract #060618-EFM Contract Approval Contract Approval Summary Fund Verification PowerPoint Presentation Page 415 of 471 1/2 RESOLUTION NO. _____ SERIES OF 2021 A RESOLUTION AWARDING A CONTRACT FOR THE LEASING OF VEHICLES FROM ENTERPRISE SERVICES UNDER THE TERMS OF THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT #060618-EFM WHEREAS, Section 116(b) of the Englewood Home Rule Charter, allow contracts for public works or improvements associated with capital improvements to be negotiated, provided that contracts for which no competitive bids have been requested are approved and accepted by Resolution setting forth the reason for the exception to the competitive bidding requirement; WHEREAS, Section 4-1-3-1(C) of the Englewood Municipal Code 2000 allows for the purchase of commodities, supplies and equipment under any general bid or purchase contract of the United States Government, State of Colorado or other governmental jurisdiction at the prices, terms, and conditions contained therein, when, in the opinion of the City Manager, the prices available to the City through such agreement are deemed to be the lowest and best price available to the City; WHEREAS, the City's Fleet Management Division is charged with the purchase of vehicles used by various City departments; WHEREAS, past practice of the City was to purchase needed vehicles using CERF funds, and upon the conclusion of the vehicles useful life to auction the vehicle with the funds being deposited in the City's General Fund account; WHEREAS, if the City were to purchase the needed vehicles outright, the City would need to utilize several different vehicle dealers, with the total cost of purchase being $193,548.00; WHEREAS, under the Enterprise Fleet Management proposal, the City would pay $28,888.00 over five years, for a total cost of $144,440.00, realizing a savings of $49,280.00 over the five years; WHEREAS, by utilizing Enterprise Fleet Management, the vehicles would be configured to the City's specifications prior to delivery, at the conclusion of the lease period the City could purchase the vehicles, or the vehicles could be resold at a 10 to 15 percent price increase above the traditional auction price, which could then be applied to the leasing of additional vehicles; Page 416 of 471 2/2 WHEREAS, the City, as a municipality, has utilized the Sourcewell Cooperative Purchasing Agreement obtained from the National Joint Powers Alliance ("NJPA") serving governmental entities able to use both negotiated agreements and cooperative agreements to obtain bids for the products needed by its members from a larger pool of providers, thereby securing lower prices than members can obtain independently; WHEREAS, the NJPA secured price for Fleet Management Services is based on Request for Proposals and an award of contract to Enterprise Fleet Management on June 6, 2018; WHEREAS, the funds for the lease of vehicle comes from the Fleet Division budget, line item 62-1001-61402 CERF Vehicles; and WHEREAS, the cost of leasing vehicles over the next year under the cooperative purchasing agreement is not anticipated to exceed $28,880.00. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the leasing vehicles from Enterprise Fleet Management pursuant to a cooperative purchasing agreement in lieu of the internal competitive bid process, in an amount not to exceed $28,880.00 ADOPTED AND APPROVED this 15th day of March, 2021. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2021. ______________________________ Stephanie Carlile, City Clerk Page 417 of 471 Form C EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS, AND SOLUTIONS REQUEST Company Name:EntemnseFleet Management Any exceptions to the terms.conditions,speci?cations.or proposal forms contained in this RFP must be noted in writing and included with the Proposer‘s response.The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the ?nal contract.NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. {W Term,Condition,or WW NJPA r_§ectign/page gpggi?cation gm H V T “Exception A ACCEPTS i 5.Installation,operationand .August 9’2018. i V maintenance of dedicated sourceweni.‘charging and fueling accepts i ‘3.17.2.1 ‘stations; _Deletethis number5 in its entirey , i NJPA desires a single source of l [responsibility for equipmentlproducts August 9,2013 and services proposed.30Ul'CeWe||* ‘.Proposers are assumed to have sub-aGC9PtS 'contractor relationships with all , organizations and individuals §whom are external to the Proposer and are involved in providing or delivering theVdfb-...4,contgrétgrgu?esgufgngorequipment/products/services being i e U,merijtflisfaedrilncgt/sewices.§ri?:;:sei:dSolutions Options ; ‘_V3.23.2 _ q p p 'include: ,__NH,,__,_______, Augu§t“9T2D"1 8'!Geographic Area to be 3°UTC9W9"* -t .7 3.24__ __‘ Pr°p°5ed'Refeg_<;_§me_rprise Response #20. ,___,_ accep S ...TDe|etethis section in its entirety -all August 9’2018 E A DeV'at'::':nEg:";;ndustryindustrystandard deviations is too :§:erg;vve"* 3_.3o_.1__,___’_4 broad and cannot be de?ned W V Delete this section in its entirety -All i ! warranties made by any supplier,18 l vendor and/or manufacturer of a Vehicle acce ts’willbe assigned by Lessorto Lessee for p the applicable Term and Lessee's only _,remedy.if any,is against the supplier,,3.34 # ,l_’:’,a:'a"ty' _____ ‘vendor or manufacturergof the Vehicle.,%Delete thissection in its entirety -_AI|August 9,2018 ,.;warranties made by any supplier,Sourcewew,vendor and/or manufacturer of a Vehicle accepts Addmona,Warranty 1willbe assigned by Lessor to Lessee for ‘ 3.35 V ‘.Tlthe applicable ‘l'_e_rmand_l:_e§see‘s orgy,/_ Page 418 of 471 remedy,if any,is against the supplier, vendor or manufacturer of the Vehicle. Delete this section in its entirety and replace with the following language - Lease rates may vary based on factors such as manufacturer pricing,market conditions,interest indexes and vehicle availability. August 9, 2018 Sourcewell* accepts Price Changes Price Changes Price Changes Delete the following two sentences: “Sales and other taxes should not be included in the prices quoted." “Except as set forth herein,no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a ContractSALESTAXresuitinfromthisRFP."Auusi 9 201 Contract ann°”"°ements Some EFM materials may only be ._Sourcewell*Smppmg Delete this section in its entiret aCCeP’fS Some EFM con?dentialmaterials may August 9,201;; Printed Marketing Materials be Submmed after awarded to S°UVCeW9"* and advenisemenm submitted after awarded to EFM. _Delete this section in its entirety —notQSubcontractors.a _"Cable ugust 9,201: POST-AWARD OPERATINGISSUES Delete this section in its entirety and replace with the following language - Lease rates may vary based on factors such as manufacturer pricing,market conditions,interest indexes and vehicle availability. August 9, 2018 Sourcewell* accepts Delete this section in its entirety and replace with the following language - Lease rates may vary based on factors such as manufacturer pricing, aftermarket pricing,product pricing, market conditions,interest indexes and availability. August 9, 2018 Sourcewell* accepts August 9, 2018 Sourcewell* accepts Sourcewell* accepts _- ‘I I I ' This section is deleted in its entirety.A 2018 Master Lease Agreement will be Sourcewell* executed between Enterprise FM Trust accepts and NJPA Members. A.SUBSEQUENT AGREEMENTS Page 419 of 471 7.E 7.10 —7.11 7.F 7.12 7.H 7.14 —7.18 7.C 7.8 8.C 8.12 8.H 8.18 8.J 3.23 HUB PARTNER TRADE-INS CONTRACT TERMINATIONFOR CAUSE AND WITHOUT CAUSE REPORTINGOF SALES ACTIVITY ASSIGNMENTOF CONTRACT FORCE MAJEURE MATERIALSUPPLIERS AND SUB-CONTRACTORS August 9, Utilizing a HUB partner is at the discretion of Ente rise. 1 Delete Trade-Ins section in its entirety and replace with the below language: CONSIGNMENT.Enterprise will sell Lessee's vehicles consigned to Enterprise by a Lessee as requested and with an executed Enterprise Consignment Agreement (attached to this RFP with Enterprise Lease Agreements).Additionalforms may be required for California,Arizona and Canada. Delete this section in its entirety and replace with the following language - Either party may terminate this Agreement for any reason (convenience)by delivering not less than ninety (90)calendar days prior written notice thereof to the other party. Termination of the Contract without cause does not relieve either party of the ?nancial. product,or service obligations incurred before the termination. Refer to Sample Reporting-Sourcewell spreadsheet provided by Enterprise on Auust 6,2018. Delete this section 8.18 in its entirety and replace with the following language (Neither Sourecewell nor Enterprise Fleet Management will be held responsible for delay or default caused by ?re.riot,acts of God andlor war that are beyond that party's reasonable control.Sourcewell or Enterprise Fleet Management defaulting under this provision must provide the other party t written notice of the default. Sourcewell* August 9, 2018 Sourcewell* accepts August 9, 2018 Sourcewell* accepts A --.I III ’U Sou rcewe||* accepts Sou rcewe|I* accepts August 9, 2018 Sourcewell* accepts August 9,201:. Sourcewell* accets Page 420 of 471 T ‘ugust , Acquisition Threshold and 2018 8 Q Termination for Cause and Sourcewe||* 8:32_833 for Convenience Delete these sections 8.32 —8.33 in their entire —Not a licable accepts‘ August 9,2018 Sourcewell* accepts Construction Contracts; Employment of Mechanics or Laborers;Clean AirAct 335838 a3g|f3tfo:°g§;fr';:V:§'Delete thesesections 8.35 —8.38 in ' —Not a licable j:-E‘Wto3=-8 Energy Policy and August 9’2018.Sourcewe||*Conservation Act acce tsComplianceandBuyp 8.0 Ameggf:m‘é':'°"sDelete these sections 8.42 -3.43 in their 8.42 —8.43 ‘’entir —Not a licable I _ Proposer’s Signature:/H Date: 0/4’ NJPA’s clari?cation on exce tions listed above: *On June 6,2018,National Joint Powers Alliance changed its name to Sourcewell. Page 421 of 471 FORM D Formal Offering of Proposal (To be completed only by the Proposer) FLEETMANAGEMENTSERVICES In compliance with the Request for Proposal (RFP)forFLEETMANAGEMENTSERVICES,theundersignedwarrantsthattheProposerhasexaminedthisRFPand,being familiar with all oftheinstructions,terms and conditions,general and technical specifications,sales and serviceexpectations,and any special terms,agrees to furnish the defined products and related servicesinfullcompliancewithalltermsandconditionsofthisRFP,any applicable amendments of thisRFP,and all Proposer’s response documentation.The Proposer further understands that itacceptsthefullresponsibilityasthesolesourceofsolutionsproposedinthisRFPresponseandthattheProposeracceptsresponsibilityforanysubcontractorsusedtofulfillthisproposal. Company Name:Enterprise Fleet Management Date:é T K’2 Company Address:600 Corporate Park Drive City:St.Louis State:Missouri Zip:63105 CAGECode/DUNS:6Q1F8 Contact Person:Dain Giesie Title:AVP of Fleet Management Authorized Signature:4”‘Dain Giesie (Name printed or typed) fnterprise FLEET MANAGEMENT <,’l'tr’-L‘hi.I u{«":_l.-;,";’l i-i‘ All orl7c=/lU£Ull.’-are the pro/warty ul /1101:7!:speume mvnms Page 422 of 471 DocuslgnEnvelopeID:ESOBDSAO-DAB3-4OFG-9879-1SHOBCSBBEE EQRMI “NMENMCONTRACTACCEPTANCEANDAWARDQ90“M05009§2, Sourceweii73} (Top portion of this form wtitbe completed by Sourceweitit the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFPresponse.) Sourceweil Contract #O606l8»EFM MProposersfulllegalname:Enterprise Fleet Management,I’.,4,7 L0 /6,; Based on Sourcewelrs evaluation of your proposal.you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained In your proposal and to meet oil of the terms and conditionssetterminthisRFP,in any amendments to this RFP.and in any excepttons that are accepted by Sourceweil. The effective date of the Contract willbe July 24.2018 and willexpire on July 24.2022 (no later than the later of fouryearsfromtheexpirationdateofthecurrenttyawardedcontractorfouryearsfromthedatethatthesourceweiiChiefProcurementOfficerawardstheContract).ThisContract may be extended for a ?fth year at Sourcewelrs discretion. gggggsg?iiAuthorized signatures:Gym”Jeremy SchwartzS7EUEE%WiiE?'blRECfORorCOOPERATWECONTRACTS {NAME PRINTEDOR TYPED) uRmENr/cpos GNATURE (lwJCowu‘h. Chad Caauette*———'j-souacswau.ocecunveDiRECiOR/CEOSIGNATURE gums PRINTEDoremeat Awarded on 07/23/2018 Sourceweli Contract #060618-EFM __:_.“~..:j.__““.._..__.___«**_-—.M._.»_—n_.——._.—»¢—._j..“._n__ Vendor Authorized signatures: The Vendor hereby accepts thisContract award,including all accepted exceptions and amend ents. .I‘-_,. ‘ 1/4 -— _Vgndoy Nan-.3 ?x ‘xx/tr‘r //é :£1 4/F"/FlFJ’II7n&/4 y ..g /4 ,y /4."»._/_'.—"4)!”Authorized Sign-.-u 5 a JV .C.‘/".L’ //veNo'A omzsosrc?m--tNAMEPRINIEDORTYPED) Executed o 204:1’Sourcewell Contract #060613-EFM 41 Page 423 of 471 PFIOPOSER ASSURANCEOF COMPLIANCE__________.______________ Proposal Affidavit Signature Page The undersigned,authorized representative of the entity submitting the foregoing proposal PFIOPOSEITSAFFIDAVIT (the“Proposer”),swears that the followingstatements are true to the best of his or her knowledge. 1. nfnterprise ,, FLEET MANAGEMENT ~ The Proposer is submitting its proposal under its true and correct name,the Proposerhasbeenproperlyoriginatedandlegallyexistsingoodstandinginitsstateofresidence, authorized to act on behalf of,and to legallybindtheProposertothetermsinthisContract. The Proposer,or any person representing the Proposer,has not directly or indirectlyenteredintoanyagreementorarrangementwithanyothervendororsupplier,anyofficialoremployeeofNJPA,or any person,firm,or corporation under contract withNJPA,in an effort to influence the pricing,terms,or conditions relating to this RFP in anywaythatadverselyaffectsthefreeandopencompetitionforaContractawardunderthisRFP. The Proposer has examined and understands the terms,conditions,scope,contractopportunity,specifications request,and other documents in this solicitationand affirmsthatanyandallexceptionshavebeennotedinwritingandhavebeenincludedwiththeProposer’s RFP response. The Proposer will,if awarded a Contract,provide to NJPA Members the /products andservicesinaccordancewiththeterms,conditions,and scope of this RFP,with theProposer—offeredspecifications,and with the other documents in this solicitation. The Proposer agrees to deliver products and services through valid contracts,purchaseorders,or means that are acceptable to NJPA Members.Unless otherwise agreed to,the Proposer must provide only new and first—qua|ityproducts and related services toNJPAMembersunderanawardedContract. The Proposer will comply with all applicable provisions of federal,state,and local laws,regulations,rules,and orders. The Proposer understands that NJPA will‘‘confidential'’(or “nonpublic,”etc.),either substantially or in their entirety.UnderMinnesotaStatute§13.591,Subd.4,all proposals are considered nonpublic data untiltheevaluationiscompleteandaContractisawarded.At that point,proposals generallybecomepublicdata.MinnesotaStatute §13.37 permits only certain narrowly defineddatatobeconsidereda“trade secret,”and thus nonpublic data under Minnesota'sDataPracticesAct. reject RFP proposals that are marked The Proposer understands that it is the Proposer’s duty to protect informationthat itconsidersnonpublic,and it agrees to defend and indemnify NJPA for reasonablemeasuresthatNJPAtakestoupholdsuchadatadesignation. [The rest of this page has been left intentionally blank.Signature page below] rm ,i ;g.,..,,.,,,._,,.,;,. A/l other /ll.-THISare /in»pmperiy or limit res/...l.rn/e an-mar.-1 Page 424 of 471 By signing below,Proposer is acknowledgingthat he or she has read,understands,and agreestocomplywiththetermsandconditionsspecifiedabove. Company Name:Enterprise Fleet Management,Inc. Address:600 Corporate Park Drive City/State/Zip:St.Louis,Missouri,63105 Telephone Number:877-233-5338 E-mail Address:Dain.E.Giesie@efle s 2/am AuthorizedSignature: Authorized Name (printed):Dain Giesie Title:AVP of Fleet Management Date:4 ‘f’Z0/$ Notarized Subscri ed and sworn to before me this 20 Se Low‘S Notary Public in and for the County of State of My commission ires: 6 4/z~ mhi?cum‘ day of »l-3o~a0a:>~ Signature: \\‘l|l0lI,' Mycmnmtssmwres 5 Ng1_glY'-fl—.Ap|'lI30.2022 M 3m st.I.oulscounty /zzbc-I---'\‘\¢com-nlselon#14436199 hterprise r l'l rw.i \‘trill i All other nmrlis are FLEET MANAGEMENT wt)Ur‘....,_.'»rl,'r lhe proper!)at their rest .l\L.\7l\f7(:‘l.§ r‘~—r it -is. Page 425 of 471 Form P PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry- Specific Questions Proposer Name:Enterprise Fleet Management Questionnaire completed by:Dain Giesie,AVP of Fleet Management Payment Terms and Financing Options 1)What are your payment terms (e.g.,net 10,net 30)‘? Payment terms are Net 30. 2)Do you provide leasing or financing options,especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Yes.Enterprise Fleet Management offers a variety of customizable leasing and financing options.We will work with each NJPA member to find the most cost-effective option for each vehicle application and situation. Open-Ended Lease Many educational and governmental agencies have difficulties funding a healthy vehicle life cycle. Enterprise Fleet Management features an Open-Ended Lease product to help bridge any funding gaps. Our Open-Ended Lease is characterized by: -Improved cash flow o No mileage restrictions or wear-and-tear charges o Flexible financing options -Customized terms for use and type of vehicle a Retention of ownership rights In most programs,a vehicle would be purchased outright from the capital budget and kept in-fleet until a specified time when it was sold.However,to increase flexibility,our Open-Ended Lease allows forfunding of only the time the vehicle is used.This approach allows our customers to pay the minimum amount for the use of the vehicle on a monthly basis,improving cash flow. The mechanics of this lease involve financing the difference between the vehicle’s purchase price and a conservative Reduced Book Value (RBV),which is based upon the anticipated market value in consideration of the vehicle's age and application. C|osed—End Lease a Fixed monthly costs convenient to budget o No resale responsibilities o Predetermlned lease term and mileage (can still be customized to each vehicle contract) e Over—mileage and abnormal wear and tear charges may apply -2 Generally used for one—to three-year terms o Vehicles are turned in at end of lease term ,, Alliother mar/-.5 are [he [)l.7]1L‘!I)0/their resp Page 426 of 471 Form P —PROPOSER QUESTIONNAIRE cont. o Prepaid Lease:allows the lessee to take advantage of discounted interest rates by paying all rent up front. a Lease to own Finance:allows the customer to take ownership of the vehicle at the end of the financed/lease term. Lease Terms Enterprise Fleet Management can offer lease terms as short as 12 months and as long as 60 months,or at any six-month interval in between.While we do not offer initial lease terms beyond 60 months,ourOpen-Ended Leases can be structured with a Reduced Book Value at 60 months that can be paid off orextendedforanadditional12or24months,or continue month to month until the Reduced Book Value has been completely paid off. FLEET MANAGEMENT ,1 -~.-Mum‘ —\lI«.\;,‘n=.r mm/u:;m—-the [rm/tr::'t in!(lieu:iv v Page 427 of 471 Form P —PROPOSER QUESTIONNAIRE cont. 3)Briefly describe your proposed order process.Please include enough detail to support your ability to report quarterly sales to NJPA.For example,indicate whether your dealer network is included in your response and whether each dealer (or some other entity)will process the NJPA Members’purchase orders. As the largest purchaser of vehicles in North America,Enterprise has the ability to acquire vehicles from nearly any manufacturer.We can also offer both new and used vehicles from existing inventory. Enterprise Fleet Management has a dedicated ordering team at our corporate office in St.Louis to place factory orders for each manufacturer.We have developed system tools and a database that allow us to transmit orders from department to department electronically.Our ordering team has access to many of the manufacturer systems,ordering guides,and assigned contacts for any ordering,scheduling,and tracking questions. The local account manager willperform a cost analysis to make sure we are ordering and cycling vehicles at the proper time.We will also do a side-by-side vehicle comparison to verify that each member agency is using the most cost-efficient vehicles for their needs.We will work with each member to make sure drivers are getting the correct vehicle for their application,and within the boundaries set by the member. We track orders with the manufacturers throughout the process.Drivers can also check their vehicle status through our website or through the Enterprise mobile app.Once the vehicles arrive,the Account Fleet Coordinator will work with each driver to coordinate the most convenient method of pickup or delivery for the driver team. Quarterly,we will review deliveries that have been placed and delivered through the NJPA program to ensure compliance and accuracy.We will provide a detailed breakdown to NJPA monthly or quarterly for review depending on preference. 4)Do you accept the P-card procurement and payment process?If so,is there any additional cost to NJPA Members for using this process? At this time,Enterprise Fleet Management does not accept the P—Card as payment.Enterprise can accept both EFT and ACH payments from our customers. nterprise ]'{l All or/aw m.a'vI-.5are Ilia _L)Iop-.~'Iiyml Iheu respecrrire on/1r:n"s FLEET MANAGEMENT Page 428 of 471 Form P —PROPOSER QUESTIONNAIRE cont. Warranty 5)Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and overall structure.You may include inyourresponseacopyofyourwarranties,but at a minimum please also answer thefollowingquestions. Warranty repairs are honored by dealerships on behalf of the vehicle manufacturers.When warrantyopportunitiesarise,Enterprise’s National Service Department (NSD)weighs in and consults with thecustomeronthesavingsandbenefitsofgettingworkcoveredunderwarrantyversuslostdowntimetotransportthevehicletoanotherservicelocationifitisnotcurrentlyatadealer. Enterprise maintains a strong working relationship with our manufacturer partners,and at times we willrequestgoodwillassistancebasedonthenatureoftherepair,prior maintenance history,and currentvehicleageandmileage.Our technicians proactively monitor repair estimates for possible warrantyopportunitiesaswell.There is no additional charge for this service. 0 Do your warranties cover all products,parts,and labor? Warranties vary by manufacturer,vehicle type,make and model,etc. 0 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Warranty details —including any mileage limits or other restrictions ——vary by manufacturer,vehicletype,make and model,etc.We will advise and advocate on behalf of our customers when needed aswell.Because we maintain strong relationships with vehicle manufacturers and our dealer partners,wecanoftenworkdirectlywiththemtohelprecuperatewarrantycostsforourcustomersonacase-by-casebasis. 0 Do our warranties cover the ex ense of technicians’travel time and milea e to_9performwarrantyrepairs? Most standard vehicle warranties do not cover these expenses. -Are there any geographic regions of the United States for which you cannotprovideacertifiedtechnician"to perform warranty repairs?How will NJPA'Members in these regions be provided service for warranty repair? This willdepend on the manufacturer's dealer network. When needed,Enterprise’s NSD will work with the drivers to find an approved shop for warranty servicesthatisclosetotheirlocation.Because of the vast network of dealers that our company utilizes,we areabletoeasilymanagethesesituationsforourcustomers. -Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? Allwarranty coverages are provided by the applicable manufacturer. _._____ W-.__-_-___._.._..-.___. W E.""nterprise .. M _,... M _,« FLEET MANAGEMENT W i i i ‘ll!urliw rv.-;rili«:11»)!/ii‘pm/1/I/ii «rt trim’nearer Irw min’-i<7 Page 429 of 471 FLEET MANAGEMENT Form P —-PROPOSER QUESTIONNAIRE cont. -What are your proposed exchange and return programs and policies? in most cases,Enterprise will acquire vehicles that are new from the factory and under the manufacturer warranty.We willalso proactively plan with each member to ensure they are ordering the specific vehicles that are needed,including make/model,available options,any additional equipment or up—fittingrequired, etc. The local account manager will perform a lifecycle cost analysis to make sure vehicles are being cycled and replaced at the proper time.We will also conduct a side-by—side vehicle comparison to verify that each member agency is using the most cost-efficient vehicles for their needs. When determining lifecycle costs,we consider all core operating costs,including maintenance,fuel,and depreciation,and look for opportunities to improve.Often,a thorough investigation into later-life maintenance costs and diminishing resale values can offer insight on a more effective lifecycle. Our local,full-time Fleet Strategy Manager also keeps us abreast of resale market conditions and auction peaks and valleys.We want to ensure that our clients’vehicles are coming off lease just as demand is high in the used car markets.We are always looking to take advantage of peaks to help reduce our clients’total cost of ownership. 6)Describe any service contract options for the items included in your proposal. Enterprise offers several maintenance programs designed to fit the needs of the member. Please see Page 12 for details on our maintenance program options. hterprise Page 430 of 471 Form P —PROPOSER QUESTIONNAIRE cont. Pricing,Delivery,Audits,and Administrative Fee 7)Provide a general narrative description of the equipmentlproducts and related services you are offering in your proposal. Enterprise Fleet Management leverages our relationships with manufacturers,dealers, maintenance/repair shops,and our company’s own built-in infrastructure to provide the best solution for our customers.We work with nearly every manufacturer to sources vehicles that are cost-effective, comfortable,and meet the needs of our customers in various industries across the nation.We also have relationships both locally and nationwide for any needed aftermarket equipment or up-fitting services. Our experience with managing vehicles and our success in the educational /government sectors has allowed Enterprise to lead the industry in this space.When combined with our affiliate Enterprise Holdings,our companies manage a fleet of 1.9 million vehicles,and we use this knowledge and experience to help our fleet customers build best-in-class fleet programs. Enterprise Fleet Management can provide a wide range of vehicles from nearly any manufacturer,up to and including medium—dutyvehicle classes.At this time we do not lease heavy-duty vehicles. Enterprise Approach Our goal as a fleet management company is to work with our clients to develop a long-term,sustainable fleet program that will lower their total cost of ownership.We accomplish this through our localized, hands—onapproach to account management,industry-leading products and services,technology,and 60 years of experience managing vehicles.As the awarded vendor,Enterprise Fleet Management will work directly with each NJPA member agency to proactively create,implement and manage a cost-effective total transportation solution. Work Plan Enterprise will develop a strategic replacement schedule based on each member's current fleet data. After analyzing the fleet (year,make,model,maintenance spend,fuel spend and odometer reading of the vehicles)we will develop a replacement strategy designed to drive down total costs.We take a number of factors into consideration when making our replacement recommendations,such as age of the vehicle, current odometer reading,average maintenance spend,current fuel economy,estimated resale value, etc. We look at the total cost to hold each depreciating asset in fleet and make recommendations based on the most cost-effective time to replace a vehicle.The Fleet Replacement Schedule is then used to benchmark and forecast future costs of vehicle replacement. Enterprise will execute the agreed-upon plan by providing a local,dedicated account management team to ensure the success and efficiency of the program,including consultation and creation,implementation and ongoing management.This role is pivotal to the core value proposition that Enterprise Fleet Management provides because it gives our customers a local point of contact for all f|eet—related needs. Enterprise Fleet Management will provide a lowest cost of ownership program by managing a fleet replacement schedule,providing ancillary services that control operating expenses,and monitoring and reviewing the efficiency of the program and relationship.Our goal is to provide a consistently high level of customer satisfaction and to exceed expectations. Flemarketing Remarketing is one of the single most important components of our program.Subsequently,we pride ourselves on having our fingers on the pulse of the used car market at all times.The used car market is a constantly moving target,and the local Fleet Strategy Manager and Account Manager work closely to pinpoint trends that can impact our clients’resale values. Examples include over-mileage,market strengthening/softening of a certain vehicle type,seasonal trends,dealer preferences,etc.Regarding the sale of our clients’vehicles,we prefer to sell directly to dealers.While there are times when a car may perform better at an auction,more often than not we find that we can sell that vehicle directly to the dealer for the same money,which allows us to avoid several hundred dollars in fees from the auction and we pass those savings along to our clients. ........_._..___-_..~_._ M A...—.E....nterprise ..T g.»._l .'..'' FLEET MANAGEMENT /W 0!!-l—:”lll’l"7 »lIt—(lit;/uvrirwli <l tfrrui r.:;;,'w-“ll r’v'.:'Iz'-l:~ Page 431 of 471 Form P —-PROPOSER QUESTIONNAIRE cont. 8)Describe your pricing model (e.g.,line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price)on all of the items that you want NJPA to consider as part of your RFP response.Provide a SKU for each item in your proposal.(Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract.See the body of the RFP and the Price and Product Change Request Form for more detail.)Complete the attachment shown below in Excel format and submit as part of your pricing response.The workbook is included as part of the forms package and is titled “Pricing Grid.” We provide our customers with fleet management services that address all fleet holding costs —from acquisition to disposal.This includes maintenance,fuel,insurance,registration,delivery,and reporting. Please see the completed pricing grids for the U.S.and Canada on the following pages. P ricing G rid Charged / Type Percentage Details Acquisition Interest Rate Index Used Basis Points(addor) Factory Order .\/ehicles Domestic Factory Order Vehicles Foreign Dealer Stock Vehicles Domestic Dealer Stock Vehicles Foreign %Incentives Passed to Customer Federal Tax Incentives State Tax incentives lvlanufacture incentives Maintenance Fixed Nlaintenance Occurance Nlai ntenance Fees Management Fee Service Charge Lease Termination Fee Yes/No How is it calculated? interim Interest Resale Fee Provide fees not listed +rate nterprise FLEET MANAGEMENT 1.. l'[:,I1e:1yoftheir respecm Page 432 of 471 Pricing Grid -U.S. Acquisition Interest Rate index Used Basis Pointsladdorl Factory Order Vehicles Factory Order Vehicles Dealer Stock Vehicles Dealer Stock Vehicles 96incentivesPassedto Customer Federal Tax incentives State Tax Incentives Manufacture incentives Maintenance Fixed Maintenance Occurance Maintenance Fees Management Fee Service Charge Lease Termination Fee interim Interest Resale Fee Provide fees not listed +rate Fuel Program: Physical Damage: Accident Management: Maintenance Management: Full Maintenance: GeoTab Teiernatics: Registration Fees: FLEET MANAGEMENT Form P —PROPOSER QUESTIONNAIRE cont. Charged II’DwePercentageem“ 3 Year T-Bill +350 Basis Points Manufacturer Published Invoice Less Applicable Incentives Less Applicable Domestic Advertising plus $60 acqusition fee plus coutesey delivery fee (variable $150-S450depending on location) Manufacturer Published Invoice Less Applicable Incentives Less Applicable Foreign Advertising plus $60 acqusition fee plus coutesey delivery fee [variable 51505450depending on location) D t DealerProvided Invoice Less Applicable incentives plus courtesy deliveryOmes‘C fee plus $60 acqusition fee,subject to dealer availability ,Dealer Provided Invoice Less Applicable incentives plus courtesy deliveryForeignfeeplus$60 acqusition fee,subject to dealer availability 100%of end user eligible incentives are passed to the member 100%of end user eligible incentives are passed to the member 100%of end user eligible incentives are passed to the member Pricing based on vehicle type and anticipated miles driven over term,the pricing can also be modified to include or exclude brakes and tires depending on what is the best interest of the member. $6 per month card fee per vehicle plus cost of service and parts 010%for Factory Ordered Vehicles /0.15%for Dealer Stock Vehicles 5400 $0 Termination Fee for Equity Leases,refer to Section 3 of Master Lease Agreement for settlement process. Termination Fees for Net Leases are listed in Section 3 of Walkaway Lease Agreement. Yes /No How is it calculated? NO For each Vehicle sold,the End User "Member"shall pay Enterprise a fee of $395.00CAD ("Service Fee")plus towing at prevailing rates,applies to member owned/non-leasedunits $2 per month per card $1000 deductable,average quoted $40 per month per vehicle but is based on underwriting and approval $100 per occurrence $6 per vehicle per month Pricing based on vehicle type and anticipated miles driven over term 526per month for Base Mode or $29 per month for Pro Mode 4 tax +$49 per unit (one time charge) Allapplicable charges related to vehicle registration will be passed to the member,including any service fees that are charged from dealers to process,plus $25 processing fee ‘ii i \'.l ,I i:,_.‘I’.,.._ 4/1 Ul/IL-1!iii,iili'-.-iiL-Ilia [7lCi[|i:‘i[\ii!iiier r»—‘-~ivIi'./ .=_,‘ if,iI Page 433 of 471 Form P —PROPOSER QUESTIONNAIRE cont. Pricing Grid -U.S. Charged /ITypePercentageDem'5 Acquisition Interest Rate Index Used 3 Year T~Bill Basis Pointsladdor)+350 Basis Points Manufacturer Published Invoice Less Applicable Incentives Less Applicable Factory Order Vehicles Domestic Advertising plus $60 acqusition fee plus coutesey delivery fee (variable $150-$450 depending on location) Manufacturer Published invoice Less Applicable Incentives Less Applicable Factory Order Vehicles Foreign Advertising plus $60 acqusition fee plus coutesey delivery fee (variable $150-$450 depending on location) Dealer Provided Invoice Less Applicable Incentives plus courtesy deliveryDewarStockVehldesDomes“:fee plus $60 acqusition fee,subject to dealer availability Dealer Provided Invoice Less Applicable Incentives plus courtesy deliveryDealerStockVehiclesForeignfeeplus$60 acqusitlon fee,subject to dealer availability 96Incentives Passedto customer Federal Tax incentives ‘ 100%of end user eligible Incentives are passed to the member State Tax Incentives 100%of end user eligible Incentives are passed to the member Manufacture Incentives :100%of end user eligible incentives are passed to the member Maintenance' * Pricing based on vehicle type and anticipated miles driven over term,the pricing can also be mad Maintenance modi?ed to include or exclude brakes and tires depending on what is the best interest of the member. Occurance Maintenance 56 per month card fee per vehicle plus cost of service and parts Fees Management Fee 0.10%for Factory Ordered Vehicles I 0.15%for Dealer Stock Vehicles Service Charge r 5400 $0 Termination Fee for Equity Leases,refer to Section 3 of Master Lease Agreement for Lease Termination Fee Settlement PFDCESS. Termination Fees for Net Leases are listed in Section 3 of Walkaway Lease Agreement. Yes /No How is it calculated? Interim Interest NO For each Vehicle sold,the End User "Member"shall pay Enterpriseafee of $39500 CADResaleFEE("Service Fee”)plus towing at prevailing rates,applies to member owned/non—leasedunits Provide fees not listed +rate Fuel Program:52 per month per card $1000 deductable,average quoted $40 per month per vehicle but is based an underwritingPhysicalDamage:and approval AccidentManagement:5100 Per Occurrence Maintenance Management:56 per vehicle per month runMaintenance;Pricing based on vehicle type and anticipated miles driven over term 526per month for Base Mode or 529per month for Pro Mode 4-tax +$49 per unit (one time charge) Allapplicable charges related to vehicle registration will be passed to the member,including any service fees that are charged from dealers to process,plus $25 processing fee GeoTab Telematics: Registration Fees: terprise ,, FLEET MANAGEMENT Page 434 of 471 Form P —PROPOSER QUESTIONNAIRE cont. 9)Please quantify the discount range presented in this response.For example,indicatethatthepricinginyourresponserepresentsisa50%percent discount from theMSRPoryourpublishedlist. Vehicles are priced at invoice vs.MSRP.Members will receive the Manufacturer or Dealer publishedinvoiceless100%of applicable incentives. 10)The pricing offered in this proposal is a.the same as the Proposer typically offers to an individual municipality,university,or school district. X b.the same as the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. cl.other than what the Proposer typically offers (please describe). 11)Describe any quantity or volume discounts or rebate programs that you offer. Through a team of incentive analysts at our operations headquarters,partnerships with manufacturers,and relationships with dealers,we work to get the best incentives available for our customers.The teamtracksawiderangeofretailincentivesandentersthoseinourdatabase,which comparesthem to thestandardfleet,association,and up—fitincentives that may be applicable.Through our relationships withmanufacturersandzonerepresentatives,we work to obtain and maximize any special or client-specificincentivesavailable.Manufacturers sometimes provide us with special incentives that are not availablethroughotheravenuesandweusethoseasneeded. For ancillary programs such as Full Maintenance and Maintenance Management,additional discounts onpartsandlaborarepassedthroughtoourcustomers. FLEET MANAGEMENT is A ' '\.‘:n/lit“v"'.l//i.‘,lI<Ill,‘;m‘i[u~'l\M (Inn:m.-:(w."ii\r=vii:lirlf Page 435 of 471 Form P —PHOPOSER QUESTIONNAIRE cont. 12)Propose a method of facilitating “sourced”products or related services,which may be referred to as “open market”items or “nonstandard options”.For example,you may supply such items “at cost”or “at cost plus a percentage,”or you may supply a quote for each such request. Enterprise will provide a quote for each sourced product that will include any discounts that Enterprise receives.We do not mark-up any quotes or charge for coordinating supply or installation —this is a part of Enterprise’s standard service.Some geographical limitations may apply. Enterprise Fleet Management will coordinate the up-fit of any needed aftermarket equipment.We have established relationships with local and national vendors that supply these items and will deliver the equipment in a work-ready state. Enterprise will plan ahead with vendors to have equipment ready for installation once the ordered vehicles are delivered to ensure that the vehicles are ready for service as soon as possible.Enterprise will negotiate on behalf of the member agency to leverage volume discounts and deliver the lowest possible price on any needed equipment. The equipment can be billed up front or capitalized as a part of the lease structure,subject to credit worthiness.In both scenarios,the member willown the equipment at the conclusion or termination of the lease. Enterprise is able to sell customer-owned units as an additional benefit if the end user signs our consignment agreement.We have included a sample consignment agreement. 13)Identify any total cost of acquisition costs that are N_O'l'included in the pricing submitted with your response.This cost includes all additional charges that are not directly identified as freight or shipping charges.For example,list costs for items like installation,set up,mandatory training,or initial inspection.identify any parties that impose such costs and their relationship to the Proposer. Costs for registering a vehicle are passed through directly to the end user.All other costs are addressed throughout this response. 14)If delivery or shipping is an additional costto the NJPA Member,describe in detail the complete shipping and delivery program. For a majority of our deliveries,vehicles will be sent to the dealer that is closest to the end user so they can pick up the unit directly.We can also coordinate with the dealer or our own employees to deliver the vehicles.Certain charges may apply based on distance to the driver and other factors. 15)Specifically describe those shipping and delivery programs for Alaska,Hawaii, Canada,or any offshore delivery. Enterprise has a large network of dealerships throughout these regions that can assist with vehicle logistics and delivery.Along with our dealer network,we have a large number of employees within these regions —either through an Enterprise Fleet Management office or an affiliate rental location —who are available to assist with vehicle delivery and pick—up. FLEET MANAGEMENT Page 436 of 471 Form P —PROPOSER QUESTIONNAIRE cont. 16)Describe any unique distribution and/or delivery methods or options offered in yourproposal. Enterprise employs one of the largest teams of drivers in the industry.This allows us to quickly and easilymanagevehiclelogisticsforourfleetcustomers. Because we own and operate 1.9 million units worldwide,together with affiliate Enterprise Holdings,weareconstantlypickingup,delivering,and moving our own fleets units,which gives us an inherentunderstandingandabilitytonavigatethesesituationsquicklyandefficientlyforourfleetcustomers. 17)Please specifically describe any self-audit process or program that you plan toemploytoverifycompliancewithyourproposedContractwithNJPA.This processincludesensuringthatNJPAMembersobtaintheproperpricing,that the Vendor reports all sales under the Contract each quarter,and that the Vendor remits theproperadministrativefeetoNJPA. Enterprise will set a pricing plan up for the NJPA program within our system.This pricing plan will behard-coded for all NJPA members and cannot be deviated from by any sales or support team member. Quarterly,we will review deliveries that have been placed and delivered through the NJPA program toensurecomplianceandaccuracy.We will provide a detailed breakdown to NJPA monthly or quarterly forreviewdependingonpreference. 18)Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing,and promoting the NJPA Contract in the event that you are awarded aContract.This fee is typically calculated as a percentage of Vendor’s sales under theContractorasaper-unit fee;it is not a line-item addition to the Member’s cost ofgoods.(See RFP Section 6.29 and following for details.) Enterprise will offer NJPA and your members access to our fleet management program and pay NJPA aquarterlymarketingfee(“Quarterly |ncentive")based upon the volume of Combined New Deliveriesgeneratedasdefinedbelow. The Quarterly incentive willbe based on the Combined New Deliveries to Qualified Members,and will bepaidquarterly. Deliveries to Qualified Members (August 1 to July 31)$100 per delivery Qualified Members are eligible members who utilize the Agreement between NJPA and Enterprise FleetManagementasanapproved‘means to satisfy their proper due diligence and competitive‘requirements.Enterprise Fleet Management retains the right to offer discounted promotional pricing on a market-by-market basis. ‘‘J hterprise FLEET MANAGEMENT 41/in/rm /n,".w-an I/7:’rm‘:/wiv,mi /Ii-,w re.-,-<;r»=i /l‘ii’:n.'u‘v.~ Page 437 of 471 Form P —PROPOSER QUESTIONNAIRE cont. Industry-Specific Questions 19)Describe your available vehicle maintenance program(s). Full Maintenance Enterprise‘s Full Maintenance program covers lessees 2?;:,’,2“::d?.a::.::.;:?;“a:::,:’;.;“°:;"::::f.:::1::iv 3°31"CONTROLLED require any internal approval of repairs or review of monthly it WilliFULLMAENTENANCEinvoices.Cost is based on vehicle type and driving pattern. 0 Monthly cost is fixed for the term of the vehicle a Coverage is available up to 100,000 miles 0 Covers all routine services recommended by the manufacturer e Covers all unexpected repairs (not related to damage or neglect) a 24/7 roadside assistance and towing is included 0 Brakes,tires,and loaner vehicles can be included 9 Windshield repair,fueling service,and other miscellaneous items are available 0 The organization can setup and send automatic service reminders through Enterprise‘s website The Enterprise Full Maintenance Program facilitates greater overall cost control for our customers, eliminating unexpected repair costs,the hassle of budgeting for repairs,and expense reporting for the driver.The program is comprehensive and willnot change due to inflation. Maintenance Management With the Maintenance Management program,Enterprise‘s team of Automotive Service Excellence (ASE) certified technicians facilitate maintenance and repairs to ensure that proper,quality work is completed at a fair and competitive price.This is our pass-through maintenance program,which allows us to fully manage,track and consult on maintenance services for a flat monthly fee. Please see Page 11 for further details. »nterprise FLEET MANAGEMENT It 1’-' A5are mepmpany 0/than spa ,,.,.. All owe!; Page 438 of 471 Form P ——PROPOSER QUESTIONNAIRE cont. 20)Describe any vehicle (or other)rental program complementary to the service offerings that your company has in place. Enterprise Fleet Management,together with our affiliate company Enterprise Holdings,is a total transportation solution for many of our customers.With divisions in fleet management,daily rental and business rental,truck rental,vanpooling,car sharing,and car sales,Enterprise is capable of servicing all your transportation needs under one company.More informationon these unique business lines can be provided. 5:1’NationaI. I ii.-‘Nil:3i5il"F‘1’lS3;lTEl-lOLDlNGS *nterprise FLEET MANAl3EMEl\l'i'E?erprise _ fnterprise Ca’-Share '‘ruckrental Rid car sales{-=~~—=-gshare Rental Services Through our affiliate rental brands Enterprise Rent-A-Car and National Car Rental,we can easily set upandmanagerentalsforourfleetcustomers.This can be included in our Full Maintenance pricing,or billed as needed with our Maintenance Management program. 21)P|ease provide current battery electric vehicles and plug-in hybrid electric vehicles your company can provide through this contract understanding that future models can be added. Enterprise can acquire nearly any commercially available battery electric vehicleuorplug-in hybrid vehiclethroughourdealernetworkorthroughfactoryorderingwhenavailable.Our expertise can help your members make smart decisions about when and where to deploy new engine technologies. Please see.pages 37 through 39 for more details on our sustainability programs. 22)Describe the process by which your company will ensure that all natural gas vehicles and propane autogas vehicles leased under this contract will mirror OEM maintenance and warranty provisions and that downtime is minimized. Enterprise follows the manufacturer-specific aintenance schedule in order to maintain vehicle warranty. Our maintenance program can be custo I ed depending on the situation and vehicle usage,including natural gas vehicles and pro n vehicl "when available. £1 I Signature:Date: snterprise FLEET MANAGEMENT will<'ll'/‘N47:r:.l'A-,m-(Iu~'1vnlh~-‘llu/Ullr‘ll:.>-:(‘vcl‘Ir\«-J tn‘./Iir-/.1’ Page 439 of 471 MASTER EQUITY LEASE AGREEMENT This Master Equity Lease Agreement is entered into this _______ day of _________________, by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”). 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78’s and the adjusted amount will be payable by Lessee to Lessor on the termination date. (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/ or damages suffered by Lessor as a result of Lessee’s breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”). (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. Initials: EFM________ Customer________ Page 440 of 471 (g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer’s trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor’s written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor-owned vehicle. 7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee’s expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state. 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer’s instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,” “WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee’s only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. Initials: EFM________ Customer________ Page 441 of 471 (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability: (i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers): (ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprehensive). If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee’s attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered State of Vehicle Registration Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont Florida All Other States Coverage $1,000,000 Combined Single Limit Bodily Injury and Property Damage - No Deductible $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible Initials: EFM________ Customer________ Page 442 of 471 Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee’s expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice. 12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law. 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. 14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement. Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee’s default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys’ fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee’s rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee’s obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee’s obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue Initials: EFM________ Customer________ Page 443 of 471 at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee’s interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles). 18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement. 19. NON-APPROPRIATION: Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written. LESSEE: ______________________________________ Signature: ______________________________________ By: ______________________________________ Title: ______________________________________ Address: ______________________________________ ______________________________________ ______________________________________ Date Signed: _______________________, ___________ LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc. its attorney in fact Signature: ______________________________________ By: ______________________________________ Title: ______________________________________ Address: ______________________________________ ______________________________________ ______________________________________ Date Signed: _______________________, ___________ © 2018 Enterprise Fleet Management, Inc. H02744_Gov Equity Initials: EFM________ Customer________ Page 444 of 471 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Steve Ortega Phone: (303) 762-2535 Title: Maintenance & Operations Manager Email: sortega@englewoodco.gov Vendor Contact Information Vendor Name: Enterprise FM Trust Vendor Contact: Larry P. Caster Vendor Address: PO Box 800089 Vendor Phone: (303) 925-8447 City: Kansas City Vendor Email: Larry.P.Caster@efleets.com State: MO Zip Code: 64180-0089 Contract Type Contract Type:Other (describe below) Description of ‘Other’ Contract Type: Vehicle Lease Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: May 2021 (tentative) End Date: May 2022 Total Years of Term: 1-5 Total Amount of Contract for term (or estimated amount if based on item pricing): $ 28,888.00 (annual payment) If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: 1 year with a 4-year renewal option for a total of 5 years Payment terms (please describe terms or attach schedule if based on deliverables): One (1) year lease agreement with an option for five (5) years. Annual lease cost for the six (6) vehicles is $28,888.00. Total five (5) year cost is $144,440.00 Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Lease Six (6) vehicles from Enterprise Fleet Management Page 445 of 471 Contract Approval Summary March 2019 Update Page | 2 Source of Funds Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): CAPITAL ONLY CAPITAL & OPERATING EXPENSE A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2021 62 1001 61402 Vehicles CERF $1,053,266.00 -$ 28,888.00$ 1,024,378.00$ Total by Fund - Current Year 1,053,266.00$ -$ 28,888.00$ 1,024,378.00$ C 2022 62 1001 61402 Vehicles CERF 1,024,378.00$ -$ 28,888.00$ 995,490.00$ Total by Fund - Year Two 1,024,378.00$ -$ 28,888.00$ 995,490.00$ C 2023 62 1001 61402 Vehicles CERF 995,490.00$ -$ 28,888.00$ 966,602.00$ Total by Fund - Year Three 995,490.00$ -$ 28,888.00$ 966,602.00$ C 2024 62 1001 61402 Vehicles CERF 966,602.00$ -$ 28,888.00$ 937,714.00$ Total by Fund - Year Four 966,602.00$ -$ 28,888.00$ 937,714.00$ C 2025 62 1001 61402 Vehicles CERF 937,714.00$ -$ 28,888.00$ 908,826.00$ Total by Fund - Year Five 937,714.00$ -$ 28,888.00$ 908,826.00$ Grand Total 4,977,450.00$ -$ 144,440.00$ 4,833,010.00$ Page 446 of 471 Contract Approval Summary March 2019 Update Page | 3 *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 447 of 471 Annual Totals YTDReclass Journal Type Prior Year IncludeClassification Capital Expenses, Capital Expenses Fiscal Year 2021Amended Budget$1,053,266.00Encumbrances$17,276.44Expenses$15,218.82YTD Balance$1,020,770.74Percent Used3%Month Budget Amendments Encumbrances Expenses Current YTD Balance Percent Used January $1,053,266.00$0.00 $32,495.26$0.00 $1,020,770.743 % February $0.00 $0.00 -$15,218.82 $15,218.82 $1,020,770.743 % March $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % April $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % May $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % June $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % July $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % August $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % September $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % October $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % November $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % December $0.00 $0.00 $0.00 $0.00 $1,020,770.743 % Total $1,053,266.00$0.00 $17,276.44 $15,218.82 $1,020,770.743 % Unposted Transactions $0.00 $0.00 $0.00 $0.00 $1,020,770.74 3 %Grand Total $1,053,266.00 $0.00 $17,276.44 $15,218.82 $1,020,770.74 3 % G/L Account: 62-1001-61402 (Capital Equipment Replacement-Public Works Administration-Vehicles CERF)Page 1 of 1https://yvwlnnw1848.tylertech.com/nwerp/FinancialManagement/GLAccounts/GLInquirySummaryPane.aspx?fiscalyear=2021… 2/19/2021Page 448 of 471 Enterprise Fleet Management By: Steve Ortega & Bryan Thompson Page 449 of 471 The Fleet Services is working to replace six (6) units that are due or past due for replacement. These units consist of pick-up trucks and cargo vans 24% of the fleet is over 10 years old. Older vehicles have higher fuel costs, maintenance costs, and tend to be unreliable. Major concern with the overall safety of the vehicles due to age Utilizing Enterprise Fleet Management the City of Englewood will save resources and budget dollars through a managed vehicle program and allow Fleet Services to acquire additional vehicles while avoiding a large capital budget outlay. Background Page 450 of 471 By contracting with Enterprise Fleet Management, Fleet Services will be able to: Replace aged vehicles with newer models to increase fuel efficiency and reduce maintenance expense. With the integration of more fuel-efficient vehicles, the City will reduce our overall carbon footprint. Implement a tighter controlled resale program to lower total cost of ownership and in turn minimize operational spend. Establish a proactive replacement plan that maximizes potential equity at time of resale, reduces operational expenses, and increases safety. Enterprise Fleet Management Page 451 of 471 Cost Breakdown Page 452 of 471 Unit 1428 (Utilities) CERF Collected -$11,665.00 Enterprise Fleet Management Unit Cost -$25,348.00 Fund Shortage -$13,683.00 Unit cost including fund shortage -$39,031.00 5% market increase cost -$1,951.55 Total Unit Cost including fund shortage & 5% market increase -$40,982.55 New CERF Payment -$683.04 month x 12 months -$8,196.51 year CERF Balance after five (5) years, excluding fund shortage -$27,299.55 2021 CERF Charge Example Page 453 of 471 Vehicle Pricing Enterprise (2021)State Bid (2021) Annual Lease Cost -$28,888.00 (estimate w/o residual)Cost -$193,548.00 (estimate) Cost -$144,440.00 (Five (5) year lease estimate)Up Front Cost -$193,548.00 (estimate) Purchase after lease includes interest & residual costs (2021) Purchase (2021) ½ Ton Regular Cab Trucks (4) -$27,358.00 each ½ Ton Regular Cab (4) -$32,083.00 each (Est 3%) ½ Ton Ext Cab Truck (1) -$33,058.00 ½ Ton Ext Cab (1) -$33,826.00 each (Est 3%) Cargo Van 3500 (1) -$29,838.00 Cargo Van 3500 (1) -$31,390.00 (Est 3%) Total (6 units) -$172,328.00 Total (6 units) -$193,548.00 Page 454 of 471 Comparisons PROS (State Bid)CONS (State Bid) City Owns Vehicles Outright Pay total cost up front Competitive Pricing Limited vehicle brand/model options PROS (Enterprise)CONS (ENTERPRISE) Vehicle Acquisition –Lowest Cost Lease instead of own Process Plates through DMV Interest charges (rate is locked at vehicle deliver) Vehicle Cycling –Optimal Resale Value Re-Sale –10-15% higher than auction One Stop Shop -Order the units, upfit & deliver Cost Savings estimate $49,108.00 over five (5) years Multiple Options at the end of lease term Page 455 of 471 Maintenance & Mileage Vehicle Class Miles (Initial Five (5) Years)Average per year (miles) ½ Ton Trucks (5)31,607 6,321 Vans (3)13,099 2,619 Vehicle Class Acquired Cost (Avg)M&R (Avg) ½ Ton Trucks (5)$18,546 $9,975 (54%) Vans (3)$21,350 $5,623 (26%)Page 456 of 471 Delivery Experience Pilot Report-October/November 2021 Availability (rubber to road) Time of delivery (order to delivery) Accuracy (built according to order) Invoice Process Staff will provide Council with an additional Pilot Report within one (1) year of contracting Pilot Report Page 457 of 471 Staff recommends City Council approval to proceed with Enterprise Fleet Management to replace six (6) units CONNECTION TO STRATEGIC PLAN: Governance -A City government that is accountable, effective, and efficient Fleet Services staff would work with Enterprise Fleet Management to replace six (6) vehicles that are past due for replacement. Doing this will reduce maintenance costs and fuel consumption, and will allow the City to catch up on replacing CERF vehicles in the most cost-efficient way available. Recommendation Page 458 of 471 Questions & Thank You!Page 459 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria D'Andrea, Pieter Van Ry DEPARTMENT: Public Works, Utilities DATE: March 15, 2021 SUBJECT: Appointment of EEF & EMRF Board Members DESCRIPTION: Official appointment of Board members to the EEF & EMRF Boards RECOMMENDATION: Staff recommends that the City Council approve, by motion, official appointment of Board members to the EEF & EMRF Boards as listed in the memo. SUMMARY: With the departure of the Deputy City Manager and the former Finance Director, replacements need to be approved for the EEF & EMRF Boards. Per the amended Bylaws, the City Manager authorized an interim appointment of the Parks, Recreation, Library and Golf Director, Christina Underhill, to the EEF Board upon resignation of the Deputy City Manager. With the hiring of a new Finance Director, Jackie Loh, permanent appointments can now be made by the City Council, in accordance with the EEF & EMRF Bylaws. ANALYSIS: Englewood Environmental Foundation (EEF) Per the current EEF Bylaws, the City Council is responsible for appointing the three members of the EEF Board which consists of the following positions: • Director of Public Works • Finance Director • Director of Community Development The Bylaws were amended by the Board in May 2020 (copy attached) to: 1) address changes to position titles, 2) allow the City Manager to make interim appointments due to vacancies or resignations from the Board, and 3) have the Deputy City Manager or City Manager serve on the Board in a vacant position, as needed, until the position was filled. Upon the departure of the Deputy City Manager, Dorothy Hargrove, who was serving on the Board in an interim capacity for the Director of Community Development, the City Manager appointed the Director of Parks, Recreation, Library and Golf to fill her vacancy. Upon the resignation of Maria Sobota, no interim was appointed to fill her vacancy pending the start of the new Finance Director, Jackie Loh. Therefore, the current membership of the EEF Board is: • Maria D'Andrea, Director of Public Works Page 460 of 471 • Christina Underhill, Director of Parks, Recreation, Library and Golf • [vacancy of the Finance Director position] And, the proposed membership of the EEF Board is: • Maria D'Andrea, Director of Public Works • Christina Underhill, Director of Parks, Recreation, Library and Golf • Jackie Loh, Finance Director The EEF Board will be considering another amendment of the Bylaws in the next month or so to modify the position titles and to remove the provision which allows the City Manager to make interim appointments. Therefore, any future appointments to the EEF Board will be made solely by the City Council. Englewood McLellan Reservoir Foundation (EMRF) Per the current EMRF Bylaws, the City Council is responsible for appointing the five members of the EMRF Board which consists of the following positions: • Director of Utilities • Director of Public Works • Finance Director • Director of Community Development • Deputy City Manager The Bylaws were amended by the Board in May 2020 (copy attached) to: 1) allow the City Manager to make interim appointments due to vacancies or resignations from the Board, and 2) have the Deputy City Manager or City Manager serve on the Board in a vacant position, as needed, until the position was filled. Upon the departure of the Deputy City Manager, Dorothy Hargrove, no interim was appointed to fill her position, therefore, the City Manager, is an interim member of the Board. Since there is not currently a Deputy City Manager in the organization, staff is recommending that the City Council appoint the Assistant to the City Manager as a member of the EMRF Board. Therefore, the current membership of the EMRF Board is: • Pieter van Ry, Director of South Platte Renew and Utilities • Maria D'Andrea, Director of Public Works • Brad Power, Director of Community Development • Shawn Lewis, City Manager • [vacancy of the Finance Director position] And, the proposed membership of the EMRF is recommended to be: • Pieter van Ry, Director of South Platte Renew and Utilities • Maria D'Andrea, Director of Public Works • Brad Power, Director of Community Development • Tim Dodd, Assistant to the City Manager • Jackie Loh, Finance Director The EMRF Board will be considering another amendment of the Bylaws in the next month or so to modify the position titles and to remove the provision which allows the City Manager to make Page 461 of 471 interim appointments. Therefore, any future appointments to the EMRF Board will be made solely by the City Council. FINANCIAL IMPLICATIONS: N/A CONNECTION TO STRATEGIC PLAN: Governance - a city government that is accountable, effective, and efficient ALTERNATIVES: The alternative would be to continue with the current makeup of the respective Boards. CONCLUSION: Staff recommends that the City Council approve, by motion, official appointment of Board members to the EEF & EMRF Boards as listed in the memo. ATTACHMENTS: EEF Third Amended Bylaws (dated May 7, 2020) EMRF Second Amended Bylaws (dated May 6, 2020) Page 462 of 471 THIRD AMENDMENT TO THE BY-LAWS OF THE ENGLEWOOD ENVIRONMENTAL FOUNDATION,INC. ("the Corporation") Pursuant to the provisions of the Colorado Revised Non—Pro?t Corporation Act,and Paragraph 10 of these By-Laws as approved on December 29,1998,the undersigned corporation adopts the following Amendments to its Bylaws: 1.Title.Such amended by-laws shall be known as the Third Amended Bylaws of Englewood Environmental Foundation,Inc. 2.Paragraph 4—Ais hereby amended in its entirety to read as follows: 4-A.Board of Directors:The affairs of the Corporation shall be managed solely by a Board of three persons who shall be appointed by the City Council of the City of Englewood, Colorado (the "City").Unless otherwise designated by the City,the three persons shall be those individuals holding the positions with the City of Englewood,Colorado,of Finance Director,Director of Public Works,and Director of eémé Business Cominunity Development (hereinafter “Board of Directors“or “Directors"). 3.Paragraph 4-E is hereby amended in its entirety to read as follows: 4-E.Notice.Notice of any meeting shall be mailed to the last known address of each director at least ten days prior to the date or time ?xed for meeting.or emailed to the lmown business address of such Director.The presence of any director at a meeting shall constitute waiver of notice of such meeting except as otherwise provided by law.Unless speci?cally required by law,the Articles of Incorporation or these Bylaws,neither the business to be transacted at, nor the purpose o?any meeting of the Corporation's Board of Directors need be speci?ed in the notice or waiver of notice of such meeting. 4.Paragraph 4-G is hereby amended in its entirety to read as follows: 4-G.Vacancy.Any vacancy occurring in the Corporation’s Board of Directors shall be ?lled by the City Council of the City of Englewood.Should a vacancy exist in any Board position by reason of a vacancy in the position with the City of Finance Director or a resignation from the Board,Dii‘ectiit‘of Public Works,or Director of Business Community Development,any individual named by the City Manager to serve in such position of the City or ofthe Board on an interim basis shall serve as a director until such position is ?lled on a permanent basis.If no individual is named to serve in such position on an interim basis,the City Manager.or the Deputy City i\~‘1anager.shall serve as a director until such position is ?lled by the City of Englewood. Page 463 of 471 5.Paragraph 5—Ais hereby amended in its entirety to read as follows: 5—A.Election.The Dii‘ecttii'o t‘Public W'orl<sof the City of Englewood shall be the president,the Finance Director of the City of Englewood shall be the vice-president and treasurer,and the Director of Community Development shall be the secretary of the Corporation. 6.Paragraph 5-E is hereby amended in its entirety to read as follows: 5—E.Vacancy.Should a vacancy exist in the Position of Finance Director,Engineering Dii‘ect(ii‘of Public Works,or Director of Community Development,or should :1 vacaiicy exist in any Board position by reason Ll i‘esignLitioufroin the Board,the City Manager shall serve in such position on an interim basis until such position is ?lled on a permanent basis by the City Council of the City of Englewood. AS APPROVED BY THE BOARD OF DIRECTORS OF ENGLEWOOD ENVIRONMENTAL FOUNDATION,INC,ON THELTHDAY OF MAY,2020. ?.....I‘,/7 ,,‘(Xx I, "V we By:»/'y’;,7;.,,_‘I174,-It-..—-ff);/'l«/\,,,President /. effective date:'/{”'f::,;~,2020 /£7 Page 464 of 471 AMENDMENT TO THE BY-LAWS OF THE ENGLEWOOD/MCLELLAN RESERVOIR Pursuant to the provisions of the Colorado Revised Non-Profit Corporation Act,and Paragraph 8 of these By—Lawsas approved on November 9,1999,the undersigned corporation adopts the following Amendments to its Bylaws: 1.Title.Such amended by-laws shall be known as the Second Amended Bylaws of Englewood/ McLellan Reservoir Foundation,Inc. 2.Paragraph 4-A is hereby amended in its entirety to read as follows: 4-A.Board of Directors.The affairs of the Corporation shall be managed solely by a Board of ?ve persons who shall be natural persons at least eighteen years of age or older appointed by the City Council of the City of Englewood,Colorado (the “City").Unless otherwise designated by the City,the five persons shall be these individuals holding the positions with the City of Englewood,Colorado:the Director of Utilities,Deputy City Manager,Finance Director,Director of Public Works,and Director of Community Development (hereinafter “Board of Directors”or “Directors”). 3.Paragraph 4-G is herebyamendedin its entirety to read as follows: 4-G.Vacancy.Any vacancy occurring in the Corporation’s Board of Directors shall be ?lled by the City Council of the City of Englewood.Should a vacancy exist in any Board position by reason of a vacancy in the position with the City of the Director of Utilities,Deputy City Manager,Finance Director,Director of Public Works,or Director of Community Development,any individual named by the City Manager to serve in such position on an interim basis shall serve as a Director until such position is filled on a permanent basis.If no individual is named to serve in such position on an interim basis,the City Manager,or Deputy City Manager,shall serve as a Director until such position is filled by the City of Englewood. AS APPROVED BY THE BOARD OF DIRECTORS OF ENGLEWOOD/MCELLLAN RESERVOIR FOUNDATION,ON THE QT”DAY OF MAY,2020. By:,President effective date:/#47 g ,2020 Page 465 of 471 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alex Dorotik, Maria D'Andrea DEPARTMENT: City Attorney's Office, Public Works DATE: March 15, 2021 SUBJECT: Executive Session DESCRIPTION: Executive Session RECOMMENDATION: Staff recommends City Council motion to move into Executive Session ATTACHMENTS: Executive Session Script Page 466 of 471 1 SUGGESTED PROCEDURES FOR EXECUTIVE SESSIONS A. Minutes of each executive session shall be kept by tape recording. B. If a different tape recorder will be used than the tape recorder normally used in Council/Board meetings, the tape recorder shall be tested before going into executive session to make sure it is operating. The tape shall be labeled with the name of the body and the date. C. Because executive session minutes are kept by tape recording, they shall stand approved with no further action. D. The tape recording shall be maintained by the City Clerk in a secured and locked location. E. The tape recording of the executive session shall be maintained for 90 days after the date of the executive session, and shall not be disclosed to any person except as required by law. F. After 90 days the tape recording of the executive session shall be destroyed in conformance with law. Page 467 of 471 2 EXECUTIVE SESSION TO GO INTO THE EXECUTIVE SESSION: MAYOR: I move to go into an executive session for a conference with the City Attorney for the purpose of discussing the acquisition of property pursuant to C.R.S. Section 24- 6-402(4)(a). Present at the executive session will be the following persons: Mayor Linda Olson, Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Steven Ward Council Member Cheryl Wink City Manager Shawn Lewis Interim City Attorney Alex Dorotik Public Works Director Maria D’Andrea May I have a second. Please vote. Note: 2/3 quorum present must vote yes to pass any motion to go into executive session. An executive session may only occur at a regular or special meeting of the body. Council please exit from this Zoom session and join me in your Teams Link. Page 468 of 471 3 AT THE START OF THE EXECUTIVE SESSION THE MAYOR SHOULD STATE: It is March 15, 2021, and the time is _______________ p.m. For the record, I, Linda Olson, am the Mayor of the City of Englewood, and the presiding officer. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following persons: Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Steven Ward Council Member Cheryl Wink City Manager Shawn Lewis Interim City Attorney Alex Dorotik Public Works Director Maria D’Andrea This is an executive session for the purpose of discussing the acquisition of property pursuant to C.R.S. Section 24-6-402(4)(a). I caution each participant to confine all discussions to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is going outside the proper scope of the executive session, please interrupt the discussion and make an objection. Page 469 of 471 4 BEFORE CONCLUDING THE EXECUTIVE SESSION I hereby attest that this recording reflects the actual contents of the discussion at the executive session and has been made in lieu of any written minutes to satisfy the recording requirements of the Open Records Law. The City Clerks Office will retain the tape in their possession for a 90-day period. The time is now ______________ p.m., and we will now conclude the executive session and return to the open meeting. May I have a motion to end this executive session? Second? Please vote. Page 470 of 471 5 ANNOUNCEMENT TO BE MADE AFTER CONCLUSION OF THE EXECUTIVE SESSION: The time is now _____ and the executive session has been concluded. The participants in the executive session were: Mayor Linda Olson, Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Steven Ward Council Member Cheryl Wink City Manager Shawn Lewis Interim City Attorney Alex Dorotik Public Works Director Maria D’Andrea For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. If any concerns are stated, the Mayor should state: “Your concerns are noted for the record.” (Move on to next regular agenda item) Page 471 of 471