HomeMy WebLinkAbout2010-09-07 (Regular) Meeting Agenda PacketI. Ca ll 10 Order.
::!. Invocati on .
Agenda for the
Regular Meeting of the
Englewood City Council
Tuesda y, September 7, 2010
7:3 0 pm
Englewood Ci vic Cent er -Co un ci l Chamb ers
I 000 En glewood Parkway
Engl ewood, O 80 I IO
3. Pledge of A ll egia nce.
4. Ro ll Ca ll.
5. Consid era tion of Minutes of Prev ious Sess io n.
a. Minutes f,om th e Regular Ci ty Cou ncil M ee tin g o f A ugust 16, W 10 .
6. Recogniti on oi Sche duled Public Comment. (Thi s is an opp orlunily for th e public l o address
Ci t) Co uncil. Counci l ma y ask qu es ti ons for cla rifi cati on, b ut there will not be an~, dialogue.
Pleas e limi t 1our presenta ti on to fi ve mi11 1J 1es.)
a. Fire Chi Pf Mike Pa tt aro zzi w ill prese nt ce rtifi cates fo r life savin~ effo rts .
7. Recogniuon o i U n ched uled Pub lic Comment. (Thi s is an oppo rlunily for the public 10
address Cil \ Council. Counci l ma y ask qu es ti o ns for cla rifi cati on, bu t th ere wi ll no t be any
dial ogue. Pl eas limit 1•o ur prese ntati o n 10 th ree minutes. Ti ,ne for un sc hedu led p ublic
commen t mav be limited to 45 minu tes , and if limit ed, sh all b e continu ed to Ge neral
Discuss ion.)
8. Commun ica tmns, Proclama ti o ns, and Appo int ments.
a. Correspondence fro m Ca l Grant ad visin g of hi s resigna tion fr om Ke~p 1:nglewood
Bea utilul.
Ple,1se nL IC . h ~•ou h;we a d,s.,bihl\ ,mcl need i\u,1hal') aids or sen ices, please rlC'l lt h it'ie C!f\ of Englewood
l303-i6:?-24Cl.51 al leas 1 48 hou r,;; m ;uh,1n ce of when services ,u e needed
Englewood City Co un ci l Agenda
Se pt embe r 7, 20 1 0
Fage 2
q_ Cons ent Age nda Items.
a. Approval of Ordinan es on First Readin g.
b. Approva l or Ordinances on Seco nd Rea ding.
Coun cil Bill o. 26, acce pti11 g ' o ease ment, ,n b ehalf of th e Littleto n/
En glewood W ast ewater Treatment Plant.
ii. Council Bill N o. 27, gra,.,;.,~ •n eas em ent to Public Servi ce Compa ny of
ColoraJ o fo r ins tall ati on of a natural gas line and regul ator station at th e City
or Engl ewood's Roma ns Park .
iii . Coun ci l Bill N o. c6, gra nting an easem ent to Qwest Corp ora tion for
inst allati on of telecommunication taciliti es at th e Broken Tee Engl ewood G olf
Cours e.
I\. Council Bill N o. 29 , auth orizing th e execution of two Intergovernmental
Sub gran tee Agree ments with th e 20 10 Community Development Block Grant
between th e Arapahoe Board of Cc unty Commission ers and th e City of
Engl ew ood.
c. Reso lu ti ons and M otio ns.
10. Pub lic H ea rin g items (No Public H ea rin g Scheduled).
1 1. O rdi na nces, Resolutions and Moti ons
a. Ap prova l of O rd inances on First Read ini;.
Counc il Bill No. 30 -Reco mm en da tion fr om th e finance .,nd Administrative
Se rvices Depa rtm ent to approve an emerge ncy bill for an ordinan ce
authorizing th e issua nce of Ge neral O bli ga tion Re 1undi,1g Bonds . STAFF
SOURCE : Frank Grygl ew icz , Director o' Finan ce and Administrative
Services .
b. Approva l of O rdin anc s on Seco n d Readi n g.
c. Res olutions and M oti ons.
Please no le: U you have a dis ; bllily 11n d need auxlllary aids or services, please notify th e City of Englewood
1303-762-2 405\ al lcasl 48 hours i,; "~"~•l.'.e of when services are needed .
Eng lewood City Council Age nda
Sep lember -, 20 10
Pag e 3
12. General Di scussio n.
a. Mayo r's Cho ice.
b. Council Members ' Cho ice.
a. Ball o t Iss ues
13 . City Manager's Rep o rt.
14 . Ci ty Atto rn ey's Report.
15. Adjournment
Th e fo ll owin g min ut es we re transm itt ed to Cit y Co un ci l in Augu st, 20 10.
• Code En iorcem ent A dvico ry Comm it tee mee tin g o f julv 21 . 20 10.
• Firefigh ters Pen sion Board mee tin g of Februa l) 11 , 20 I 0.
, Kee p En gl ewood Beauti ful mee ti ng o r Ju li 13, 20 I 0 .
• N o n Eme ,ge ncy Empl oyees Retir ment Board mee tin g o f May ·11 , 20 I 0 .
• Plann ing and Zo nin g Commi ss ion mee tin gs of lun e 22 J i d Augus t 3, 20 I 0
• Po li ce Of ,ce rs Pensio n Boa rd mee t ing o f Feb ru ary 1 1, 2U I 0.
Please note: If you ·•,we a dlsabill t) an d need auxiliary aids or sc M ces, pl ease no lify 1he City of Eng lewood
1303•762•2 40 5\ al lcas l 48 hours in ad va 11cc of when serv ices are ne eded
PUBLIC cnMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
September 7, 2010
PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES
PLEASE PRINT
September 7, 2010
Presented to : Englewood Ci ty Council
From : Jacqueline Edwards, Englewood Citizen
Re : Possibility of a Medical Cannabis Meetup Group/Educational Series at Englewood
Public Library
With the complexity of the Colorado medical c.1nnabis program , industry and its
regulation, and the wealth of information on these topics that I have been researching
and organizing over time, I am exploring the possibility of reserving a meeting room in
order to hold organized, publi7educational meetings at the Englewood Public Library .
I spoke with Deb Parker of the Library today, inquiring what I would need to do to hold
these educational meetings. Ms. Parker was very cc.,-:lial, professional, and
knowledgeable . She explained that the meeting rooms are for not-for-profit
organizations. I would not be charging anybody for anything or selling anything.
Ms. Parker told me that to hold meetings about the medical cannabis topic, I would
need approval by the City Attorney since this is a "Hot Topic" and controversial . She
went on to explain I would need to submit exactly what/when/how I want to do the
meetings, including the time, day of week, whether day or night, length of meetings and
series, for whom the series would be, and so on, to ,:over all of the details .
Additionally, I'm told I would need to su bmit a breakdown of what the informational
sessions would entail. I wo uld have to e-mail all of these detail s to Ms . Parker, and t'·.en
she would forward it on to the City Attorney for review.
I told Ms. Pa~ker I would put together, in a packet, what the educational series wou!.d be
and entail, and submit that. I also noted that the City Attorney's office would even learn
a lot from reviewing the information.
Another thing I indicated to Ms. Parker is that this will help me get organized, and that I
am glad she is the first person I spoke with, because this is exactly what I need to know .
So, it's going to be a lot of work and time, but I am planning on putting the educational
packet together for submission to Englewood's City Attorney.
The education is badly needed in order for the City and its citizens to make informed ,
educated decisions about how to handle the issue of what medical cannabis is, whether
or how medical marijuana centers could be located in Englewood, and why medical
can nabis patients and medical marijuana centers even exist.
Colorado-legal medical cannabis patients and their private caregivers h .. ve been left
behind by the new Senate and House rulings, tightened ever more by the new 90 pages
of rules and regulations from the Department of Revenue . The entire industry now
seems to be focused on commerce and law enforcem ent instead of safe access to
medicine for legal patients.
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Jackie Edw.uds
Clm,11w /Jam Mt•dir11/ Cn1111nh,.~
.lOJ.8o6.a912
jm &hvarJs, rmn .com
• from: cal Grant (ma\\to :grantwc@YahoO ·coml
Sent: TuesdaY, August 17 , 2010 9:43 AM
To: Audra Klrx subjed:: cal Grant's commisloner Status
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Hello Audra, I~'°"'"" I w• o oo-lo• <hls ~•ili's """'' TI,;o~ ~ j~ o Jio1' = i,,,y-" I
oo,•, mi,\< I = '°"'"" • ,.., ~ J(f.11 . i >o" ..,;,yod •Y •-fu«• .. .,;,h Y'" Ol fu<
best.
Best Re gards ,
Cal Qrant
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ORDINANCE NO .
SERIES OF 20 I 0
BY AUTT'!OR:TY
COUN CIL BILL NO . 26
INTRODUCED BY COUNCIL
MEMB ER WILSON
AN ORDINANCE ACCEPTING TWO EAS EMENTS , A "GRANT OF STORM WATER
lITILITY EASEMEITT " AND A "GRANT OF WASTEWATER OUTFALL PIP ELINE
UTILITY EASEMEITT ' TO THE CITY OF ENGLEWOOD , COLORADO BY INDUSTRIAL
PARTNERS LLC . ON BEHALF OF THE LITTLETON/ENGLEWOOD WAS TEW ATER
TREATMENT PLANT (WWTP).
'.',tiEREAS , tlie expans ion of the Littleton/Eng lewood Wa stewater Trea tment Plant includ ed
ti,e proposed installation of a st onn water outfall line to the South Platte River; and
V-'HEREAS , th e proposed line (two 30 " side-by-side concrete pipes) was designed to run north
from the WWTP and cross Platte River Drive to the Sou th Platte River, this ali gnment crosses a
private parking lot in the City of Denver owned by Industrial Panners , LLC ; and
WHEREAS , during research for the proposed easement , it was discovered that an exi sting 84 "
outfall pipe from the \'/WTP which was constructed in 1971 , cro ss ing ~,du strial Panners property,
did not ha ve a recorded ea cement ; and
WHEREAS . th e pass age of thi s Ord inan ce will acc ept two easement s fro m Industrial Partners
to the Cit y, one fo r the Wa stewater Outfall Pipeline and the sec ond fo r the St orm Water Utilit y;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOO D, CO LORADO , AS FOLLOWS :
Sec ti on I. The Gra nt of Wastewater Outfall Pip eline Utilit y Eas ement between Industri al
Partners LL C and the Cit y of En gle wood, Co lorado att ac hed hereto as
'·E xhibit 1 ;· is hereby accepted and approved by th e En glewood Cit y Co un cil.
Section 2. Th e Grant of St onn Water Utilit y Ease ment betw een Indu stri al Partn ers LLC and
the Cit y of Englewood , Co lorado att ached r.ereto as "Exh ibit 2," is hereb y accep ted and
app roved by the Englewood City Co un cil.
Section 3. The Mayo r is authori zed to ex ec ute nM th e Cit y Clerk to attest acceptan ?e of th e
Grant of Was tewa ter Outfall Pipelin e Uti lit y Easement and th e Grant of Stor.n Watec Util ity
Ease ment for and on beh alf of th e Cit y of Englewood, Co lorado.
Introduced , read in full , and pass ed on fir st reading on th e I 6th day of Augu st, 20 I 0.
Publi shed as a Bill for an Ordin ance in the Cit y"s offi cial news paper on the 20th day o, AUb'U St,
20 10 .
9 bi
Published as a 8111 for an Ordinance on the City 's official website beginning on the 18t h day of
August, 20 IO for thirty (30) da ys .
Read by title and passed on final reading on th e 7th day of September, 20 I 0.
Published by title in th e Ci ty's official newspaper as Ordinance No .~ Series of 2010, on
th e 10th da y of September, 20 10.
Publi shed by title on the City 's official website beginning on the 8th day of
September, 20 10 for thiny (30) da ys.
James K. Woodward. Mayor
ATTEST :
l, Loucrishia A. Ellis , Ci ty Clerk of the Cit y of Englewood, Co lorado , hereby cCTlify th at th e
above and foregoi ng is a true co py of the Ordinance passed on final reading and publi shed by
title as Ordinan ce No ._, Series of 2010 .
Loucrishia A. Ell is
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AFTER RECORDING RET URN TO: MICHAJ;.L BLOOM, MICHAEL BLOOM
REALTY COMPANY , 3615 BLAKE STREl!.'i.', DENVER, CO 80205.
GRAN1 OF WASTEWATER OUTFALL PIPELINE UTILITY EASEM!!:NT
THlS GRANT of Wastewater Outfall Pipeline Utility Easement (this "Grant") is made
this day of ______ _, 2010, by INDUSTRIAL PARTNERS LLC, a Colorado
limited liability company ("Orantor'1 as the Owners of262S-2675 S. Santa Fe Drive, Denver,
Colorado, and 2680 S. Platte River Drive, Denver, Colorad n whose addrcrs is 361 S Blake Street,
Denver, CO 80205 in favo r of the CITY OF ENGLEWOOD ("Grantee") whose address is 1000
Englewood Parkway, Englewood, Colorado 80110.
The parties covenant and agree as follows:
I . Wastewater Outfall Pjpcljne Utiljty Easement Property. The "Wastewater Outfall
Pipeline Utility Easement Property" shall mean the real property located in the
County of Denver, State of Colorado, more particul~rly described in~"
attached hereto consist ing of 2 pages.
'l . Copsjderatjop. As consideratk,n, for this 01'8111, Gr-a11tee has paid th• Orantor one
thousand six hundred and ninety-eight dollan; (SI ,698 .00) and other good and
valuable consid~ration, the receipt of which is hereby acknowledged by Orantor .
3 . Grant of Wastewater Outfall PjpeHne Uti)jty Easement . Grantor hereby grants to
Grantee, its successors and assigns, a perpetual Wastewater Outfall Pipeline
Utility Easem ent over, under, across and through the Wastewater Outfall Pipeline
Utility Easement Property depicted in Exhjbjt "A" attached hereto , for the
purpose of constructing , operating, maintaining, repairing, replacing and
removing a buried (not exposed to the surface) "Wastewater Outfall Pipeline ."
4. ~. Grantee shall have the perpetual, nonexclusive right of ingress and egress
in, to , over, through and across the Wastewater Outfall Pipeline Utility Easement
Property for any purpose necessary or desirable for the full enjoyment of the
rights granted to Grantee under this Grant. Grantee's rights under this instrument
are limited to uses rrlated to the construction , operation , maintenance , repair and
replacement of a bu ri ed Waste,11ater Outfall Pipeline (the "Permitted Use"). The
foregoing grant shall not be construed to permit Grantee to use the surface of the
Wastewater Outfall Pipelin e Utility Easement Property or store items thereon,
except as necessary and prudent for the Grantee 's Permitted Use thereof, with the
understanding that Grantee shall expeditiously proceed with and promptly
complete all surface activities. Grantee will not unreasonably interfere with
Grantor's use of the surface of the Wastewater Outfall Pipeli ne Utility Easement
Property .
5. ~-Grantee agrees that after any construction, maintenance , repair,
replacement or enlargement, if any is required, of the Wastewater Outfall
Pipeline , Grantee shall restore the surface of the Wastewater Outfall Pipeline
Utility Easement Property as nearly as possible to the grade and conditions
existing immediately prior to said construction, maintenance, repair, replacement
or enlargement. Grantee agrees to restore and repair any improvements of
Granter on the Wastewater Outfall Pipeline Utility Easement Property which are
damaged, modified or altered by Grantee during said construction, maintenance,
repair, replacement or enlargement Grantee will cause Granter t·o be added as an
additional insured on all liability insurance policies and require its contractor.; and
subcontractors to add Granter as an additional insured on all insurance policies
related to work perfonned on the Wastewater Outfall Pipeline Utility Easement
Propcrt'j-Upon Grantor's written request, Grantee shall provide Granter with
copies of insurance certificates to confirm the foregoing coverages .
6. No Improvements . Gran tor covenants and agrees not to construct, erect, place or
maintain any "Improvements ," as hcreina&r defined , on the Wastewater Outfall
Pipeline Utility Easement Property without ~htaining the prior written consent of
Grantee, which will not be unreasonably withheld, conditioned or delayed .
"Improvements" shall mean any structure, building or landscaping other than
grass or asphalt surface parking and fencing . Grantee shall have the right to
remove , without any liability to Granter, any improvements constructed, erected,
placed or planted on the Wastewater Outfall Pipeline Utility Easement Property
without Grantor's having obtained the prior written consent of Grantee. If such
written consent is not obtained, Grantee shall not be responsible for repair or
replacement of the Improvements if they are damaged during construction,
maintaining, repair, replacement or enlargement.
7. Subjacent and Lateral ~.l!lm2tt-Granter covenants and agrees that Grantee shall
have the right of subjacent and lateral support on the Wastewater Outfall Pipeline
Utility Easement Property to the extent necessary for the full rights granted to
Grantee under this Grant.
8. Rjghts of Granter. Granter reserves the full right to the undisturhd ownership,
use, and occupancy of the Wastewater Outfall Pipeline Utility Easement Property,
including the right to use the surface of the Wastewater Outfall Pipeline Utility
Easement Property, insofar as said ownership, use , and occupancy is consi stent
with and docs not impair the rights granted to Grantee in this Grant Granter also
reserves the right to subjacent and lateral support of its property adjacent to the
Wastewater Outfall Pipeline Utility Easement Property .
9. Abandonment. In the event that Grantee shall abandon the rights granted to it
under this Gran t, all rights, title and interest hereunder of Grantee shall cease and
terminate, and Granter shall hold Wastewater Outfall Pipelin e Utility Easement
Property, lice from the rights of Grantee so abandoned and shall own all materials
and structures of Grantee so abandon ed, provided that Grantee shall have a
•casonablc period of time after said abandonment in which to remove any or all of
the W~water Outfall Pipeline and Appurtenances from the Wastewater Outfall
Pipeline Utility Easement Property. In the event that Wastewater Outfall Pipeline
Utility Easement is abandoned by Grantee, Oran tor shall have the right, at its so le
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option, to require Gran tee to remove or neutralize an) h •.,iO \'cments co nstructed
in th e Wastewater Outfall Pi pe line Utility Ease ment Pr,,,..-..ny by Grantee .
Wan-anty of Titl e. Grantor warrants and represents th at u rnntor is the fee simple
owner of th e Wastewater Outfall Pipeline Utility Easem t r · Prope rty and that the
Grantor has full righ t, title and authorit y; that thi s Grant is ffcctive to grant and
convey to Gran tee thi s Wastewater Outfall Pipeline Utility Ease men t.
Binding Effect. This Grant shall extend to and be binding upon the heirs,
persona l representatives , successors and assig ns of the respective parties hereto.
Th e terms, cove nants , agreements and conditions in thi s Grant shall be construed
as co venants running with the land.
IN WITNESS WHEREOJ , th e parties hereto have executed thi s Grant of Wastewater
Outfall Pipeline Utility Easement the day and year first above written .
SIGNATURES ON FOLLOWING PAGES
oRANfOR-LANDOWNER Industrial Partners LLC , a Colorado limited
i§~
)
STATE OF coLORADO
coUNTY OF .Q:DYCC
-A
,,,_, ~f~goi,g --K.,,.wJod .. -= ,I;• ~ d,y of ~ 20\0, by Michael B,oom. member-
) ss .
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Witness my band and seal.
My conunission expires : :l\}i±\ZDl'l.. ~~~
1111 c.,m,illiOn ~071Wlf)12
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• GRANTEE
City of Englewood, Colorado
B:
James K. Woodward , Mayor
ATTEST:
Louorishia A. Ell is, City Clerk
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EXHIBIT"A" • (Lega l Description/Depiction)
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:.;OAUl!o Al UCUTIDWHO. f)IIQONtH, an A.-.OCXIUNTY 0, Ol!WVil',, ITA n t
COLOlADO. Alm M°"ll PAATlCULAkLY nllCtUJ'm 41 rOUOWli:
lldll DY 111:4JUJ'/OL AI.LIWJtlm C(l>ITA!Mll>Hl'.A.IDW 11,ll lA.UD UPOJ,. 1111
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IUCAL't r A, /I,' CO,,.'C. :JTAltlUJ c.c or tJr.NYEA,
,mr..m111H£,,,Jrr:cJIUfu.oru;:no11· Jl lll\'Q AFOUP,'DL:r A.LUM. cu J.S .'!J1/,
t:O.\f111!1'1COi'O AT 1,\ID SOUTHIA:rr C0ANU 0, 11CnON11;
Tili'HCtiNU'OJ'U-W,A1,0H0 M.ID-SOU'THUN!OfllUi.&nemtf.ASTQUMTU OP
SfL"TlON ll At,.'D lHt JO\l?XlllY UNi lAIDPIJ.aiLO,U>ID RLCQMIDATIU: TION
WO. UKIO't"'·"' t>ll7AA'CIOI llUJ "1rTTO TIO romor•cD'l'ONi::
Tll!NCl:fll u·u·1i· WCXJmHUINOAL0t40 MJDIOVJMIAL.Y UNI, 4 DIITAHCS Of ,,.,.
,.SET TO A l"OIKTm, TUP.&OUTUM.LYl.!OKT-01,WAYUNI OPIOUTHPI.ATTP.
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COhiAISll'fCi 1" 5,QUJJJll'UTOk D Cll ACUI, MOUDlU'SS.
l. CIMJSTOPHli>', II , Wi.lLVAIN,A SLMVIIYOtr.UCZHC!DIN 11a!STAT1.01
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l'OR~Otl UHAU'Or WO' DKllNm!nDIQ, ~C. m, WA!lll,WOIITI! UV1'AllU,•IODilVAJ1,.,('.{I 1000)
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LOC ATtD IN THE SOU THEA ST CYAA:l[ Of" S[CTH'I N 71,
TDl'IN SJtP ; SOUTH, RANG[ I! WEST 01" THC UM P.M.
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AFTER RECORDING RETURN TO: MICHAEL BLOOM, MIC!UEL BLOOM
REALTY COMPANY, 3615 BLAKE STREET, DENVER, CO 80!05.
GRANT OF STORM WATER UTILITY EAS'lMENT
THIS GRANTofStonn Water Utility Easement (thb "Grant") is made ti1is _ day of
---=,---:-c--'2010, by INDUSTRIAL PARTNERS LLC , a Col ora do limited liability
company ("Grantor") as the Owne rs of2625-2675 S. Santa Fe Driv e, De nver, Colorado , and
2680 S. Pl atte River Drive , Denver, Colorado , whose address is 3615 Blake Street, Denver, CO
80205 in favor of the CITY OF ENGLEWOOD ("Grantee") whose addres s is 1000 Englewood
Par~-w ay, Englewood , Colorad o 80 I I 0.
The parties covenant and agree as follows:
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Stonn Water Utility Easeme,,i Property. The "Storm Watei Utility Easement
Property" shall mean th• real property located in the County of Denver, Statt ,f
Colorado, more particularly de sc ribed in Exhibit "A" attached hereto consisting
of I page .
Consjderation. As consideration, for this Grant, Grantee has paid the Grantor
se ven thousand four hundred and nine dollars ($7,409.00) and other good and
valuab le consideration , the receipt of which is hereby acknowledged by Grantor .
Grant of Storm Water Utilit~. Grantor hereby grants to Grantee , its
successo rs and assigns, a perpetual Stonn Water Utility Easement over, un der,
across and through the Stonn Water Utility Easement Property, depicted in
Exhibit "A" attached hereto , for the purpose of constructing , operating
maintaining , repairing, replacin g and removing a buried (not exposed to surface)
"S tonn Water Utility Linc ."
4. Access. Grantee shall have the perpetua l, nonexclusive right of ingre ss and egress
in, to, over, through and across the Stonn Water Utility Easement Property for
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any purpose necessary or desirable for th e full enjoyment of the rights granted to
Grantee under tliis Grant. Grantee's righ ts under thi s instrument are limited to
use s related to !J1e construction, operation , maintenance, repair and repl ace ment of
a buried Stonn Water Utility Line (the "Pennitted Use"). The foregoing grant
shall not be co nstru ed to pennit Grantee to use the surface of the Storm Water
Utilit y Easement Property or store it ems thereon , except as necessary and pn dent
for the Grantee 's Permitted Use the reof, with th e understa ndin g that Grantee sha ll
ex peditiou sly proceed with and promptly complete all surface activities. Gra,,tee
will not unre asona bl y interfere with Grantor's use of the surface of the Storm
Water Utility Ease ment Property.
Re storation. Grantee agrees that after any construction , maintenanct:, repair,
replacement or enlargement, if any is required , of the Stonn Water Utility Line,
Grantee sha ll restore the surface of the Stonn Water Utility Easement Property as
nearly as possible to the gra de and conditions existing immediatel y prior to sa id
construction , maintenance , repair, replacement or en largement. Grant ee agrees to
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restore and repair any improvements ofGrantor n the Storm Water Utility
Easement Property which are damaged, modified or altered by Grantee during
said construction , maintenance, repair, replacement or enlargement . Grantee will
cause Grantor to be added as an additional insured on all liabilit y insurance
policies and require its contractors and subcontractors to add Grantor as an
additional insured on all insurance policies related to work performed on the
Storm Water Utility Easement Property . Upon Grantor 's written reque~t, Grantee
sha ll provide Grantor with copies of in,urance certificates to confirm the
foregoing coverages .
6. No Improvements . Grantor covenants r,n d agrees not to construct, erect, place or
maintain any "Improvements ," as hereinafter defined, on the Storm Water Utility
Easement Property without ob ta,r.inc the prior written consent of Grantee , which
will ~ot be unreasonably withb elu .. ;,1 n,i itioned or delayed. "Improvements" shall
mean any structure, building u i lund1<-1pi ng other than : :ass or asphalt surface
parking and fencing. Grantee shall huve the right to remove, without any liability
to Grantor, any improvements construc ted, erected, placed or planted on the
Storm Water Utility Easement Property 'Nithout Grantor's having obtained th e
prior written consent of Grantee . If such written consent is not obtained , Grantee
shall not be responsible for repair or replacement of the lmprov~me nts if they are
damaged during cu,struction, maintaining , repair, rep : ,;~l .. crit -;. :,.,nlargement.
7. Subjacent and Lateral Support . Grantor covenants and , ~recs tl1 b\ Grantee shall
have the right of subjacent and late.a l support on the 81 o nn Water Utility
Easement Property to the extent necessary for th e full rights granted to Grantee
under this Grant.
8. Rights of Grantor. Grantor reserves the .JII right to the undisturbed ownership,
use , and occupancy of the Storm Water Utility Easement Property, including the
dght to use the surface of the Storm Water Utility Easement Property, insofar as
said ownership, use, and occupancy is consistent with and does not impair the
rights granted to Grantee in this Grant. Grantor also reserves the right to
subjacent and latera l support of its property adjacent to the Storm Water Utility
Easement Property.
9. Abando nment. In th e eve nt that Grantee shall abandon the righ ts granted to it
under thi s Grant, all ri ghts, title and intere st hereunder of r.rantee shall cease and
terminate , and Graritor shall hold Storm Water Utility Ea se ment Property, free
from th e rights of Grantee so abandoned and sha ll own all materials and structures
r f Grantee so abandoned , provided that Grantee shall have a re aso nable period of
lime after said abandonment in which to remove any or all of th e Storm Water
Lines and Appurtenances from the Storm Water Utility Easement Property. In th e
event that Storm Water Utility Easement is abandoned by Grantee, Grantor shall
have the right, at its so le option , to require Grantee to remo ve or neutrali ze any
improvements constructed in the Storm Water Utility Easeme nt Property by
Grantee .
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Warranty of Title . Grantor warrants and represents that Grantor is the fee sim pl e
owner of the Stonn Water Utility Easement Property and that the Grantor has full
right, title and authority; that this Grant is effect ive to grant and convey to
Grantee this Stonn Water Utility Easement.
11 . Binding Effect. This Grant shall extend to and be binding upon the heirs ,
personal representatives , successors and ass igns of the respective parties hereto .
The tenn s, covenants, agreements and co-·.!'dons in this Gram shall be construed
as cove nants running with the land .
IN WITNESS WHERFO~·. th e parti es here t~ /,ave executed this Grant ofStonn Water
Uti lity Easement the day and year fi rst above writtc r,.
SIGNATURES ON FOi -~ 'JW~G PAGES
GRANTOR -LANDOWNER
Industrial Partners LLC , a Colorado limited
mQL~-
)
) ss.
)
STATE OF COLORADO
coUNTY oF Geo vo:::::
YI Th~ foregoing instrument was acknowledged before me this 5 -th day of
nkCill~2010, by Michael Bloom, member.
Witness my hand and seal .
My commission expires : 7\ \ 4' 7Dl'Z-
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, 1 -e /) !? I.L d:t,,.,.._.
Notary~ •
•
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• GRANTEE
City of Englewood, Co lorado
B :
James K. Woodward , Mayor
ATTEST:
Lo ucri shia A. Elli s, City Clerk
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EXHIBIT"A" • (Legal Description/Depiction)
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COLORADO ENGINEERING &
SURVEYING, INC .
SU,-.,.Jlftg Colorodo S'111H lf/12
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EXHIBIT
IDfln"OOd, Color'Na IO I II
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STORM WATER QiiTFA[[ EASEMENT NO . 1
11~1..!!~
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'U CliW Wl,TDt OUlf'AJ.L r~"MOIT Hf'" t:
A. SmlP Of lJ.Hl :,U,00 f'E[T 'IIOf IDNC LOCAT[JI •ntH lK: 50'11liEA!T 1/4
CT ntt SOJTHC,ST 1/4 or SECTIOH U. 10\IINSNP I SOUlM, fl.lNC( Q El '7'
11-i( 5~ PM NiO ALSO 80HC LOCAT(J) W~ n.At •JJtCn O'" LNm ocsatDJl
"' Rt:ccPTIOH HO. i50009HN, THC CCHIEIIUH[ '> ""° Slffllt 80HC
WDff[ PMncvuJIU oc~eco AS FCU01115 •
COiACHCINC AT !l1C SOUTHC-'Sf CQIIN(II rl SAID f£CllOH JI;
MO . 2009-1978-1
PACE 1 ts I
r~C( H B8'0 l '15· W ~ONC TH£ SOUTM UN! Cf S4'> sccn<>t ,a, >,
nlSTANt( OF 72l,11 rcn TD JHC PCXHT Of' IC<JNIU¢, CCl.OR •DO £NGft£!fflNI.: i: S\JR~lV-IC. INC,
TW[NC: II 010l'ta" W. A DIST.ul a: (T H .!I f'Ef.T I'. A POINT CM TliC S.QJlH
N101l Of 'WO UH[ Of SOUTH f'UiTTt ltltKJI Ofl~ U,0 POIHl IIO'IO
THC •('1111 or 1CAlrilWIJ~
THC SOOJNES 01' SAIC M),00 fOOT S1'IIP BDIO SHDftftNU, A>m
t.CNGlHOICO 10 lilltT ni[ SOUTH ROtT Of WAf UHE or SQfDt Pl.Am
111..0 Ofll \~ AHO ntC SCIJTtt LIHC CF SOJTHCAST I/• r:, 5AJO 5CC'IOI JL
C:Ul Nl!I COUIHT 01' DCH-..ot STAlt OF COLOltot,00,
CO!ITA!'IMffi ,. TOTM. AR(I. or J .-416.1 SOJAA[ m r 011: D.0800 A°'L
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ORDINANCE NO .
SERIES OF 20 10
BY AUT HORITY
COUNC IL BILL NO . 27
INTROD UCE D BY COUNC [L
1EMBER OLSON
AN ORDINAN CE GRANTING AN EASEMENT TO PUBLI C SERV ICE COM PANY OF
COLO RADO FOR INST ALLA TIO OF A NATURAL GAS LINE A D REGULA TOR
STATION AT THE CITY OF ENG LEW OO D'S ROMANS PARK .
Wl-'FP.E AS , th e na tural ga s line an d regul a\or station will be loca ted on the west propert J
boundary of Roman s Park. 1700 Easl Fl oyd Avenu e;. 1d
WHEREAS , th e Public Service Comp any of Colorado shall have nonexc lusive right s 10 1he
easement parcel for the purposes of constru ct ing and main taining the ir equipment ; and
WHERE AS. the Publi c Servi ce Company of Colorado will res\O re th em ,a as nea rl y as po ssi ble
to the b'Tade and co nditions existi ng prior to the co nstruction :
NOW , TH EREFORE, BE IT RDAlN ED BY THE CITY UNC lL (,F TH E CIT Y OF
ENG LEWOOD. CO LORADO. AS FO LLOW"·
~-Th e "G ran\ of Eascmen l -n1ura l Gns Lines at Englewood Romans Pa rk. a publi c
park'' fr om th e Cit y of Englewood , Co lorado to the Publi c Service Co mpan y of Co lorado.
att ached he reto as Ex hibil A. is hereby acce pled and approved by th e Englewood ny Count ii.
Sccuon 2. Th e Mayor is authorized 10 execut e and the City Cierk atte st and sea l the Publi c
Service Co mpany of Colorado Easement for and on behalf of the City of Englewood , Co lorado .
ln1roduced. rend in fu ll , and pa ssed on first readi ng on 1he 16°' day of Augu sl. 20 I 0.
Pu bl ished as a Bill for an Ord inance in 1hc Ci1 y"s offi cial newspap er on th e 20"' da y of Augu st,
20 10.
Published as a Bill fo r an Ordinunce on the it y"s offic ial website begi nning on th e 18
th
da y of
Augus1 , 20 10 for 1hin y (30) da ys .
9 b ii
Read by titl e and passed on final reading on the 7th day of September, 20 I 0 .
Publi shed by title in the Cit y's offic ia l newspaper as Ordinance No ._, Series of 20 10,
on the IC1h day of September. 2010 .
Publi shed by title on the Cit y's official wrbsi te beginning on the 8th day of
September , 2010 for thirty (30) days .
James K. Woodward , Mayor
ATTEST :
Loucrishin A. Elli s, City Clerk
I, Loucrishia A. Elli s, Cit y Clerk of the Ci ty of Engl ewood. Co lorado , hereby cenify that the
above and foregoing is a we co py of the Ordinance passed on final reading and published by
titl e as Ordinance No . _. Series of 20 I 0.
Loucrishia A. Elli s
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GRANT OF I--~ 5BMENT
Natural Gas ~~P.omans Park a publi c park,
THIS GRANT of Easement (this "Grant") is made thi s_ day of~ 20 I 0, by
CITY OF ENGLEWOOD, a Colorado muni cipal corporation ("Grantor") whose address is 1000
Englewood Parkway, Englewood, Colorado 80110 , to the PUBLIC SERVICE COMP ANY OF
COLORADO, ("Grantee) whose address is 1800 Larimer Street, Suite 1100, Denve r, Co lorado
8020 2.
The parties covenant and agree as follows:
I. Easement Property. The "Easement Property" shall mean th e real ?ro;,erty locatel
in the County of Arapahoe, State of Colorado, in the NE ¼ of Secti on 5, T.SS,
R68W of the 6~ P.M., more parti cularly described on Legal Descrip ti on attached
hereto as Exhibit A, consisti ng of one (-1? page(s) and incorporated herein by
reference. 't
2. Co nsid eration . In consideration of the sum oftive hundred dollars ($500.00), du,
on execution of this grant of easement.
3. Grant ofEa,sement. Grantor hereby grants to Grantee , its successors and as signs,,
perpetual non exclusive easement over, under, across and through tile Easement
Property for the purpose of cons tructing, operating, maintaining , repairing ,
repla cing , and re moving , natural gas lin es along with a temporary constru ction
easement, Parcel B, and a Natural Gas Regulator Station, Parcel A, as described it
Exhi bit I consisti ng of four (4) pag es .
4. Access . Grantee shall have the perpetual, nonexclusive right of inf ;ess and egre,
in, to, over, through and across the Easement Property for any purpose nec essary
or desirable for the full enjoyment of the rights granted to Grantee und er thi s
Grant.
5. Res torat ion . Grantee a1,orees that after the constru cti on, maiu !enance, repair,
repl acement, if any, for th e gas lin e and a Natural Ga s Regu lato r Station, Granter
shall restore tli e surfa ce of the Easement Property as nearly as poss ible to the grade
and co nditions existing immediately prior to said constructi on, maintenance,
rep air, replacement , except as may be nec essary to accommodate th e facility.
Grantee further agrees to rep lace any topsoil and sod removed from any cultivat<d
or agricu ltural areas on th e Easement Property and to remove any excess earth
resulti ng from said constru ction, maintenan ce, repair, replacement or enlargement,
at Grantee's sole co st and expense .
6. No Improvements. Grant.or covenants and agrees not to construct, erec~ place or
plan any "Improvements," as hereinaft er defined, on the Easement Property other
than those des cri bed in Exhibit A without obtaining the pri or written consent of
Grantee . 11Improvements11 shall mean any stru cture not descri bed in thi s do cument.
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7. Subjacent and Lateral Support . Grantor covenaots aod agites that Grantet shall
have the right of subjacenl aod lat eral support on the Easement Property to
whatever extent is necessary or desirable for th e full , complet e ar .. 1 undi sturbed
enjoyment of the rights granted to Grantee under this Grant.
8. Right ofOwnmhip . Grantor reserves the right of ownership , use , •nd occupao cy
of the Easement Prop erty insofar as said ownership , use , and occupan cy does not
impair the rights granted to Gran tee in thi s Grant .
9. Warranty o(Til)e . Grant or warrants that Grantor has full right aod lawful
authority to make the grant contain ed herein .
10. Abandonment. In th e event that Grantee sha ll abandon the rights granted to it
under thi s Grant , all right, title , and inter""t hereunder of Grantee sha II cease aod
terminat e, aod Grantor shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned . Failure to use the Easement for a
period of two years shall constitute evidence of aba ndonment.
11 . Binding Effect . This Grant ~nail extend to and be binding upo n the succtssors and
ass igns of the respective p!Lrties hereto . Toe terms , covenants, agreements and
conditions in this Grant shall be con,:nied as covenants running with the land .
•
IN WITNESS WHEREOF , the parties hereto \J ave executed thi s Grant of Easement the
day and year first above wri tten. •
GRA.i"ITOR:
Cn'Y OF ENGLEWOOD
ATTEST :
By: ____ _
James K Woodward , Mayor
Lo ucrishia A. Elli s, City Clerk
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STATE OF COLORADO
COUNTY OF D£1,1veg
)
) ss.
)
GRANTEE :
UW'Rlllllr'
IJiac:tJf of Business Opellllions & l'lalnlrv
Pubic Serke Company of Colorado, e Colorado cmpomtion
Th e foregoing instrument was acknow ledged before me this .!l!..._ day of-=J;.;<cc''-""Y'----
201 0, by LARRY F(,)1..1..£R as D1REc ro.e Q• &,ls:,,.,fis fo r Public Service
Company of Colorado . O~e,mo,.,, < l'iAw.virilq
JAMES K. ARs=.'ri
NOTAR Y PUBLI C !
STATE OF COLORADO
My Commission Expires 10112/2010
My Commission expires : ____ _
G¼-, Y {1.L ,,. lt
otary Publi c
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SEH
Sheel 1 of 2
PARCEL A
A port:el of land lying In lho 1outhoalt ona-q,orter of Socllon 35, Towashlp 4 Soulh , Range 68 Wes~ of
the 61h Principal Meridian, COUnly of Jeffonon, Slate of Colorado, being a porllon of thal Traci cl lend es
deecrlbed In Book 2194, Pogo 32 , Arapahoe COUnly Reco rds , do1Crtbed oa follows :
The aoulh 25 foot of th< ,,t 26fHtof sold Traci ,
Conlalnlng 625 square foot (0.o·;• '1'191) more or 1u1 .
An llus!rallon for thla descrlpUon ~ .il1ached hereto and made e pert hereof,
The author ol lhls desalpUon 11 Norman L Simonson, PLS 2B2B8 , propared on behalf of SEH , 390 Union
Boulevard, SullaB30, l~kewood , CO 80228 , on Moy 4, 2010 , under Job No .111146-8,0, for Public
Servloe Compeny of Coloredo, and la not lo be construed a, representing• monumenlad land su,vey,
~~nt!IWtau,,,~ ,fl~\.
"f/~k/1! ... Lt1' ~n·~~-i . , -----
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SU U~ loul..,1114, Built 110, Lllkt""°Od,CO IIOt21 ·'1&67
11£Hl1111, .. •IOf)POl'lllf'ltyetnploJe1 I www,111\lnc.OO!'II I 11 .eM.11100 I Jnl.H0.61011h
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ILLUSTRATION FOR PARCEL A SHEET 2 OF 2
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T4S ,R68W
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ROMANsPNi<
BK. 21~. PG. S2
SE 1/4 ,
SE C. 35,
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LOT 2,
THE MARKS sue. FLG, N0.2
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Shoat 1 or 2
PARCEL B
A 15 fool wida Easemen t lying in lhe ,outheast one-quar18r {SE 1/4) of Section 35 , Township 4 South ,
Range 88 West. of lhe 6th Principal Meridian, County of Jefferaon , Stele of Colorado , being e portion of
tha t Trad of land as dcs.crlbed In Book 219-4 , Page 32 , Arapahoe County Records, described es foll ows :
The west 15 feel of Gald Traci; EXCEPT lho sooth 25 feel
Conta ining 1,875 squwe feo ~ (0 ,043 acres' r1 1oro or less,
TOGETHER WITH a 1 O foo 1 wv1e Tempora ry Construct!on Easement dascr/bBd as follows :
The east 1 O feet of the west 25 feet cf sa id Tract; EXCEFT the &<>uth 25 feel
An 111-Jr.lrullon for this descripUon Is attached horoto ond mo de a part hcroo1 .
Toe author of this description Is Nonnan L Simr·1so n, PLS 28288 , prepared on beha lf of SEH, 390 Union
Boulevard, Suite 630, I.Bkowood, CO 80228 , on Moy 25 , 2010, under Job No . 111146-B.0, fo r Public
Service Company of Colorado , and Is not to bf> coostrued ns reprcscntlng o monumenled land Gurvey ,
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llO IJ nlDII 6011l•V•1d, IS UI LI 630, L1lll'IWOOd, c o 10221.,uf
SEHl,1n1q111Jopponi:rllr 1,nc,loysr I -.Hllln c.CDIII I l OUIU I OO I )Ol.HUiDO l lu
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ILLUSTRATION FOR PARCEL B SHEET 2 OF 27
E. FLOYD AVE. ------------,-----------------------1 H.UNE.~ut,ll!\14
SW1i4,
SEC . 35,
T4S, R68W
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PARCEL B
1,875 S.F. (O.O-t3 A.C.) MA.
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SE 114,
SEC . 35 ,
T4S, R68W
ROMANS PARK
BK. 21~. PG . 32
LOT2,
TH E MARKS %8 FLG. N0.2
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ORDINANCE NO.
SERIES OF 20 I 0
BY AUTHORJTY
COUN CIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER McCA SLIN
AN ORDINANCE GRANTING AN EASEMENT TO QWEST CORPORATION FOR
INSTALLATION OF TELECOMMUNI CATION FACILITIES LOCATED AT THE BROKEN
TEE 8-IGLEWOOD GOLF COURSE .
WHEREAS , the telecommunications fa ci lities will be loca ted at th e Broken Tee Englewood
Golf Course ; and
WHEREAS , the Qwest Co rporati on shall have nonexclu sive right s tn •li e easri ,1ent parcel for
the purposes of constructing and maintaining their equi pment; and
WHEREAS , the Qwest Corporation will restore th e area as nea rl y as po ss ible to the grade and
condition s ex isting prior to the constru ction;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
;;ection I. Th e "Grant of Easement -Telecommunic ations Fa cilities at the Eng lewood Go lf
Course, Broken Tee ' from the City of Englewood, Colorado to the Qwe st Co rpora ti on, atta ched
he reto as Exhibit A. is here by acce pted and approved by th e Englewood Cit y Co uncil.
Secti on 2. The Mayor is authorized 10 exec ut e and th e City Clerk attest and seal the Qwest
Easement for and on beha lf of the Ci ty of Englewood , Co lorado .
Introduced , read in full. and pa ssed on fir st readi ng on the 16'" da y of Augu st, 2010 .
Publi shed as a Bill for an Ordi nance in th e Cit y's official newspaper on th e 20• day of August ,
2010 .
Publi shed as a Bill fo r an Ordinance on the City's officia l websit e beg innin g on the I gm da y of
Aug>JSI, 20 10 for thirty (30) da ys .
9bili
Read by title and passed on final reading on the 7th day of September , 20 \ 0.
Published by title in tt.e City's official new spaper BS'Ordinance No .~ series of20\u,
on the 10th day of September , 20\0.
Published by titl e on the City's official website beginning on the 8th day of
September, 20 10 for thi rt y (30) days.
\, Loucrishi• A. Ellis. City Clerk of the City of Englewood , Colorado, hereby certify that the
above and foregoin s :s a true copy o: the Ordinance passed on final reading and published by
title as Ordinance No._, Series of20\0.
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GRANT OF EASEMENT
Telecommunicatjons Facilities at the Englewood Go lf Course Broken. Te e
T!IlS GRANT of Easement (this "Grant") is made this 11,a day of :r,,.,_ , 20 10, by
CITY OF ENGLEWOOD, a Colorado muni ci pal corporation ("Granter") who se address is I 000
Englewood Parkway, Englewood, Colorado 80110 , to the QWEST CORPORATION, a Colorado
Corporation, (K.N.A. US WEST Communications , Inc.) ("Grantee) whose address is 1801
California Street, Suite 5100, Denver, CO 80202.
The parties cc,vcnant and agr~ as follo ws:
1. ),asement Prop erty . The "Easement Property" shall mean the real property localed
in the Co unty of Arapahoe, State of Colorado, in the NE ¼ of Section 5, T.5 S,
R68W of the 6" P.M., more parti cularly described on Legal Description attached
hereto as Exhibit A, consisting of one (I) page and incorporated herein by
reference .
2. Consideration. In consideration of the sum offive hundred dollars ($500), due on
exec ution of thi s grant of casement.
3. Grant of Easement. Granter hereby grants to Grantee, its successors and assigns , a
perpetual nonexclusive casement over, under, acros s and tbrou~l.i the Ea~cment
Property for the purpose of constructing, operating, maintaining , repairing,
rep lacing, modifying and removing, telccommuoication facilitie s as described in
Exhibit A.
4. Access . Grantee shall have the perpetual, nonexclusi ve right of ingress and egress
in, to, over, through and across the Easement Property for any purpos e necessary
or desirabl e fo r the full enjoyment of the rights granted to Grantee under thi s
Grant.
5. Restoration . Grantee agrees that after th e co nstructi on, maintenance, repair,
rep lacement, if any, fo r the telecommunication facilities , Grantee shall restore the
surface of the Easement Property as nearly as poss ibl e to the grade and conditions
existing immediatel y prior to said coDEtruction, maintenance , repair or
replacem ent , except as may be necessary lo accommodate the fac ility . Grantee
further agrees to replace any topsoil ar,d sod removed from any cultivated or
agricultural areas on the Easeme nt Property and lo remove any excess earth
resu lting from said construction, maintenance, repair or replacement, at Gran tee 's
so le cost and expens e.
6. No Improvements . Grantor covenants and agrees not to construct, erect, place or
plan any "Improvements," as hereinafter defined, oa the Easement Property other
than al described in Exhibit A, without obtaining the prior written consent of
Gra ntee. ·'Improvements" shall mean any structure .
7. Subjacent and Lateral Suppon . Granter covenants and agrees that Grantee shall
have the right of subjacent and lateral support on the Easement Property to
whatever extent is neces sary or des irab le for the full, complete and undisturbed
enjoyment of the rights granted to Grantee under thi s Grant.
8. Right s of Grant er. Grant er reserves the full right to the undisturbed owne rshi p,
use , and occupancy of the Ea se ment Property insofar as said ownership , use . and
occupancy is consi stent with and does not impair the right s granted to Gran tee in
this Grant .
9. Warrantv of Title . Granter warrants that Granter ha s full ,ight and lawful
autl1ority to make the grant cont ained herein .
I 0. Abandonment. In th e event that Grantee shall ab andon the rights granted to it
under this Grant , all ri ght , title , and interest hereunder of Grantee sha ll cease and
tennin ate , and Grante r shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned . Failure to use the Easement for a
period of two years shall cons titute evidence of abandonment.
11 . Binding Effec!, Thi s Grant shall extend to and be binding upon th e successors and
assigns of the respective parties hereto . The tenns, covenants, agreements and
con diti ons in this Grant shall be co nstrued as covenants runnin g with th e land.
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IN WITNESS WHEREOF , the panic s hereto have exec uted thi s Grant of Easement the •
da y nnd year first above written .
GRANTOR:
CITY OF ENGLEWOOD
By:------------
ATTEST: James K. Woodw•rd. Ma yor
Loucris hia A. Ellis , Cit y Clerk
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STATE OF COLORADO
COUNTY OF lt-w:t
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GRANTEE :
QWEST CORPORATION
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Julie McMullin, Delegate Authority
The foregoing mstrumenl was acknowledged before me this J.i! day of-'Jj'-'"c.c""'e.~---
2010, by Julie McCullin as Delegate Authority for QWEST Corporation.
Witness my band and official seal.
My Commission expires: sf s /¢0 1~, I
EXHIBIT A TO GRANT
• A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 5
SOUTH , RANGE 68 WEST OF THE Sl~'TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE,
STATE OF COLORADO , ALSO BEING A PORTION OF LANDS DESCR IBED AT RECEPTION NO.
1605099, FILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S omcE, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DES CRIPTION IS ALON G THE SOUTH LINE OF SAO
NORTHEAST QUARTER OF SECTION 5, ASSU ME D TO BEAR S89'54'55"E A DISTANCE OF
2641 .0 4 FEET, FRO M A 3.25"ALUMINUM CAf' LS .#16109 FOUND AT THE CENTER
QUARTER CORNER OF SAO SECTIO N 5, TO A 3.25"ALUMINUM CAf' LS.616109 FOUND
AT THE EAST QUARTER CORNER OF SAO SECTION 5;
BEG INNI NG AT A POINT WHICH BEAR S N3 5'32'36"E ~ DISTANCE OF 2049.03 FROM SAO
CENTER QUARTER CO RNER ;
THENCE N16'37"41"W A DISTANCE OF 18 .70 FEET: THENCE N15'55'56"W A DISTAN Cf. OF
1.42 FEET: THEN CE N74'04'04"E A DISTANCE OF 10 .00 FEET: THENCc S16'34'3 1l"l-A
DISTANCE OF 20.00 FEET: THENCE S73'22'19"W A OISTANCF Q, 10.00 FEET TO "!Hl"
POINT OF BEGINNING: WHEN l:E SAID EAST QUARTER CORNER BEARS S40'56'4 ~'-E A
DISTANCE OF 2212.46 FEET:
SAID PARCEL CONTAINS 201 SQUARE FEET OF LANO, MO RE OR LESS.
I, THE UNDERSIGNED, A REG ISTERED LANO SURVEYOR IN THE STATE OF COLORAO ~. 00
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUF :J../ :'V>J
ANO IS TRUE AN O ACCURATE TO THE BEST OF MY KNOWLEDGE .
• CHRISTOPHER P. JULIANA, P.LS. 31158 DATE
FOR ANO ON BEHALF OF PRECISION SURVEY & MAPPING, IN C.
-~ Pl'edsioo 5uvey & t.\Wl19. K \.. I
--191. .... L MI IIL.,_,Clatm
WCJN)ISMlll~m-. • ..... -·--~--SUBDIVISION OR OWNER QWEST CITY OF ENGLEWOOD CORPORATION
PART Of THE NEI I 4 SECTION 5 lO ~SHIP 5 SOO ltt RANGE 68 \\£ST 11 " = 1 0 ' 1801 CMalMA St Slt 5100
6TH PRI NCIPAL MERIDIAN ARAPAHOE COUNTY COLORADO IPAGE 2 OF 2 DENVER CJ 80202
01\£S! ,X)!Jf 92235CMI ENGLEWOOD EXC .I R.O.W.f IA PRIL 15 20 1DIGEO CODE 235150
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T5S, R68W, 6TH P.~.
OWNER:
C11Y OF ENGLEWOOD
RECEPTION NO . 1605099
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ENGLEWOOD ~~
PART OF THE NE1 4 SECTICl'I 5 101\WSHIP 5 SOOTH R~.NGE 68 'lrl:ST " 11111 CAIJIIIICA ST. S1L 5100
6TH PRINCIPAL MERIDIAN ARAPAHOE :OUNTY COLORADO PAGE 1 OF 2
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BY AUT HORJn'
ORDINANCE NO .
SERIES OF 20 10
COUNCIL BILL. 0 .•
INTRODU ED BY COU C[L
ME MBER WILSON
AN ORDINANCE APPROVIN G AND AUTHORIZING THE EXECUTION OF TWO
INTERGOVERNMENTAL SUBGRANTEE AGREEMEN'I'S FOR 2010 CO MMUNlTY
DEVELOPMENT BLOCK GRANT (COBO ) BETWEEN THE ARAPAHOE BOARD
OF COUNTY CO MMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO .
WH EREAS , th e City Co uncil of the City of Englewood approved th e execution of an
lnt ergoverruncntal Agreement between the City )f Eng lewood ond Arapohoe County by passage
ofOrdinonce o. 22 , Series of 2009 , covering th e Ci ty"s pan ir.ipation in the Arapahoe County
CDBG Entitlement Program for funding years 2010 through 2012; and
WHEREAS. the Englewood Ci ty Council passed Resolution 71. Series of 2009, supponing
Housin g and Comm un ity Deve lopment th at outhori zcd submitt ing an application for 2010 CDBG
fundi ng; nod
WHEREAS , th e Energy Efficient Engle wood Project has been ca tegorized as a housing
rehabil itation activi ty: and
WH EREAS , the Hou sing Rehabilitation and Hand yman Project has been categorized as a
housi ng rehabilitati on activi ty;
NOW. THEREFORE, BE IT ORDAINED BY THE CITY CO ClL F TH E CITY OF
ENGLEWOO D, COLORADO. THAT :
Section 1. The Subgrantee A1:,'Teemen1 for 20 IO Arapa hoe Cou nt y Community De, c\cpmenl
Block Gra nt -F,•erb'Y Efficie nt En glewood (E3) Project att ached hereto as Exhibit A. is hereby
accepted ,,nd approved by the Englewood Cit y Council.
Section 2. Th e Subgrantec Agreement for 2010 Arapahoe Co unt y Communit y Develop ment
Block Grunt -Housing Rchahi litation and llandyman Project. attached hereto as Exhibit B. is
hereb y accepted and appru vc,-1 by the Eng lewood City Co uncil.
Sec ti on 3. Pursuant to A,,trle \I , Section 40. of th e Englewood Home Rul e Cha ner, the City
Council has determi ned that Exlt"bits A and B, attached to thi s Ordi nance, shall not be published
because of it s si1.e. Co pies arc ovailablc in the Office of the Engl ewood Ci ty Clerk .
ecti ein 4. The Mayur and ity Clerk are hereby authorized 10 sign and attesl said
Agreement s fot and on behalf of the City of Englewood, Co lorado .
Section 5. Tl"• Ci t)'Managcr shall be nutho ri zcd to funher extend th e subgrantcc agreement s
fo r th e 20 10 Arapohoc Co unt y Co mmunit y Development Bl ock Grant Program as needed .
9 b iv
Introdu ced, read in full . and passed on first reading on th e 16m day of August, 20 I 0.
Pu blished as a Bill for an Ord inan ce in the City 's offic ial ne wspa per on the 20m day of August,
20 10.
Publi shed as a Bill for an Ordi nance on the City 's official website beginning on the I 8'' da y of
August , 20 IO for thirt y (30) da ys .
Rea d by title and passed on final reading on the ;th da y of Septemb er, 20 I 0.
Publi shed by title in the City 's official newspaper as Ord inance No.__, Series of 2010, on
the I 0th day of September, 2010 .
Publi shed by titl e on the Ci ty's official website beginning on the 8th day of
September, 20 IO fo r thtny (30) da ys.
James K. Woodward , Ma yor
ATTE ST:
Lo ucris hi a A. Elli s, Ci ty Clerk
I. Loucris hia A. Elli s, City Cl erk of th e City of Englewood , Cm •• ado, hereb y cert ify th at th e
above and fo regoing is a tru e copy of th e Ordinance passed on final readi ng and publi shed by
title as Ordin ance No . _, Series of 20 I 0.
Lo ucrishia A. Elli s
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• SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: C ITY OF ENGLEWOOD
PROJECT NAME: ENERGY EFFI CIENT ENGLEWOOD (E3)
PROJECT NUMBER : ENBS 10 12
Th is Agreement is ma de by and between the Board of County Comm issioners of the Co un ty of Ara pahoe,
Stale of Co lora do , fo r th e Co mm uni ty Developm ent Block Grant Program in th e Community Resources
Department Q1erein aft cr referred to as th e Co unty) an d th e City of Eng lewood (herei nafter refe rred to as th e
Su bG rr.ntee) fo r th t co ndu ct of a Commu nity Deve lopm ent Bl ock Grant (C DBG ) Proj ect.
I. Pl JRPOSE
Th e pri mary objecti ve of Titl e I of th e Housing r d Commun ity Developm ent Act of 1974 , as am end ed ,
an d of th e Communi ty Develop ment Bl ock Grant (C DB G) Program und er thi s Titl e is the development of
vi abl e urb an co mmunities, by prov id ing decent housin g, a sui tabl e li vi ng environm ent an d exp and ing
economi c opponuniti e~, pri ncipa ll y fo r low an d moderat e in co me perso ns.
Th e project by th e SubG rantee known as th e Energy Effi cient Englewood (E3) pro gram (Proj ect) has been
catego ri zed as a Hou sin g Rehabili tati on project and the SubG r .. .it ee will maintain document ati on with th e
• nati onal obj ecti ve of Lo w/Moderate Ln come Housing activ ities .
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l11e SubGrant ee may pro ceed to incu r costs fo r th e Proj ect upo n receipt of an offic ial "Notice to Proceed"
fro m tte Sounty.
II. WORK TO BE COM ~LETED BY TH E SUBGRANTE E
Th e fo ll owing provis ions outlin e the sco pe of the wo rk to be compl eted :
The SubG rant ee will utili ze CDBG fu ndin g to provide grant s to nin e (9) low to mo dr,rate income
homeo wners for energy effi ciency int eri or nnd ex terio r home impro vem ent s. Th e int ent of th e project is
both to improve th e energy efficie ncy of homes that foc uses on work it ems that quali fy for fed eral tax
credits or any other ,;tat e or k .ca i rebat e program , includin g, but not limit ed to Energy Star fu rn aces, waler
hea ters, wind ows, dtiors. skylighlli, insul ati on, roo fi ng sidin g, evapora tive coo lers , and refiigerators. A
max imum of $8,00G will be gran ted per household an d ths gra nt requires a 20% match from tl1 e
homeown er. If th e l omeo wner docs not have th e req uired match, tl1 en th e grant will be sec ured by a
declinin g de-.:d of tru st rr::ordeJ on tl1 e pro pe rt y that will be forgiv en over a fi ve year peri od.
A. P11ym"1t
It is expressly a reed and undem tood th at the total an1ount to be paid by th e Co un ty unde r th is
co ntract sha ll 10 1 exceed $7 7,S0H . Drawd own s fo r th e payment of eligibl e ex penses shnll be made
aga in st the lir e it em bud gets spec ifi ed in th e Project Bu dg et and in accordance with perfo rm ance
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criteria established in Section 11-C . The parties ex pres sly recognize that the SubGrantee is to be
paid with CDBG fund s recei ved from the federal governme nt, and th at the ob li gation of the County
to make payment to SubGrantee is contingent upon receipt of such funds . In th e event that said
funds , or any part thereof, are, or become , unavailable, then the County may immediately terminate
or, amend this agreement. To the ex tent C.R.S . § 29-1-110 is applicab le, •ny financial obligation of
the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds
bein~ appropriated, budgeted and otherwise available.
Upon expiration of this Agreement, as identified by the dead lin e in Section II. C. 3. below , the
SubGrantee shall transfer to the Co unty any CDBG funds on li and at th e tim e of expiration and
any accounts receiva ble attributable to th e use of CDBG funds . These tran sferred fund s shall
revert to the County and be utili zed for ot her purpo ses.
B. Timelinc
<\JI Project activities will be completed, and draw requests submitted, by April 30, 2011 unless the
S.ibgrantee notifies the County in writing by April 15 , 20 1 I that the project cannot be comp leted,
and all draw requ 1Sts submitted, until May, 3 I , 201 1. In the event that the completion deadline falls
on a weekend or holiday, the deadlin e wil be considered the work day prior to the scheduled
completion date . If the project requires additiona l time past May 31 ,201 I, the Agreement must be
modified by mutual agreement of the County and SubGrantee.
C. Performance Critcr:a
In accordance with the funding applicati on submitted b) ',, SubGmntee for the Project, the criteria
li sted bel ow are to be met during th e exec io n of the Project.
I. Quantifi able Goals :
The SubGrantee wi ll utili ze COBO funding to provide grants to nin e (9) low to
moderate income homeowne rs for energy efficiency interior and ex terior home
improvement s. The intent of the proje ct is both to improve th e energy effic ien cy of
homes that focuses on work it ems that qualify for federal tax credits or any other state or
local rebate program, including, but not limit ed to Energy Star furn aces , water heaters,
wind ows, doors , sky li ghts , in sulati on, roofing, siding, eva porati ve coolers , and
refrigerators . A maximum of $8 ,000 will be gran ted per household and t,. ~,n,
requires a 20% match from th e homeow ner. If th e homeowner does not hav
required match , then th e grant will be secured by a declining deed of tru st recorded on
the pro pert y that will be forgiven over a five year period .
An energy audit wi ll be required of each home prior to th e start of co nstru ct ion to
determin e the areas of greatest energy efficiency need . The eneri,'Y audits will be paid
through administrativ e funds. Construct ion funds will be disb ursed to th e homeowner as
the work item s are completed with reimbursement bused on receipts for material s and
labor expenses .
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When appropriate, the SubGrante e will refer clien ts to th e County 's weatherization
program for assistance, mther than provide a duplicate service. Thi s referral will be
documented and kept in the cl ient file . In cases where appliances or system s are
purchased or installed with fund s covered under thi s grant, th e appliances or sys tems
mu st meet energy star standards .
A Ii impro vements funded under thi s grant are to be performed in acco rda nce with
applicable industry and lo cal codes and stan dards, as we ll as the Ameri r,ans witl1
Di sa biliti es Act.
All contractors , subcontract ors and vendors paid through this grant must be checked
agai nst the federal excluded parties li st to insure eligibility to receive federal fund s. Th e
SubGrantee is responsibl e for checking the list.
2. Co mmunity Impact:
Affordable housing -stabi lity and housing qualit y
3. Quarterly Performance Standards:
Sep tember 30, 2010 :
Market program , interview potential clients
December 31. 20 10 :
Continue to market program , interview potent ial clients
Provid e three (3) ren ovation grants
March 3 I 20 1 I:
Continue to market program , interview ;:,otenti al clients
Provide four (4 ) renovation grants
April 30. 2010 :
Provid e tw o (2) ren ovati on gra nts
Cumulative total of nine (9) gra nts
Complete all reno vations funded by project
Submit final drawdown and co mpleti on rep ort to Co unty
D. Rep ortin g Requiremen ts
I. Project reports will be due wi thi n fifteen days fo ll owing th e end of each ca lend ar year
quarter (June I to September 30 report is d• . .-October 15; October I to Decem ber 31
report is due Ja11uary I 5; January I to March 3 I report is du e Apri l 15 ; and th e final
completio n report is due Ma y 31) until the Project is com pleted .
2. The official annual audit and/or Finan cial Statements for th e SubGra ntee in which both
revenu es and expenditures for th e CDB G Projects desc rib ed herein are detailed are c z •
annually. The la ,t co mpl eted official annua l audit report and/o r Financial Sta tements
shall be due on May 31, and for fo ur ( 4) years thereafter on Ma y 3 I.
E. La bor Stand ard s (Dav is-Ba co n)
Project activiti es do not require co mpli ance with federal labor stan dards (Davis-Baco n) as it is
exempt (i.e., public service activit y, single famil y home rehabi litati on, purchase of material s, or
other activity th at has been de tennin ed exempt from federal lab or standards).
F. Lea d Base d Pai nt Reg ul ati ons
If the activity invo lves any co nstruction , demolition , rehabilitation, or an y activity rela ted to a
bu ilding, a,d th e bu ildin g was built in 19 78 or pri or, Lead Based Paint Law s and Regulation s
app ly, as es•ab li shed in 24 CFR Parts 35 and 570.608. If the SubGra ntee does not fo ll ow and
doc ument Le.i d Based Paint Law s and Regu lati on co mplia nce, the SubGrantce will not be eli gib le
for reimbursement.
The "Protect Yo ur Family fr om Lend in You r Hom e" pamphl et is to be provided to all
homeowners , regardl ess of age of hou sing . Verificatio n of no tification is to be maintai ned in client
fi les.
G. Env in m mcnta l Re view
Notwiths tandin g any provi sion of th is Ab'feement , th e parties heret o sgree and aclmowledge that
thi s A!,'feement do es not constitu te a co mmitment of fund s or site approval , and th at such
co mmi tment of funds or approval may occ ur onl y upon sa ti sfactory co mpletio n of enviro nm ental
revie w and receipt by Arapahoe Co unty of a rel ease of fund s from the U.S. Dep artm ent of Hou sin g
and Urban Deve lopment und er 24 CFR Pan 58 . The pani cs further agree th at the pro vis ion of any
fund s to th e proj ect is co nditi oned on Arapahoe Co unt y's clet ennin arion 10 proc eed wit h, modify, or
cancel the project based on the res ult s of a sub seq uent environ ment al rev iew .
H. Unifo r m Relocation Act (U RA)
It has been detennin ed that no act ion un der th e Umfo nn Relocation Ac t (URA) is necessary.
Il l. RES PO 'S IB I LI T I ES OF T HE SU BG R ANTEE
A. Fcdc rul Co mpli ance
Th e ubGrnn tec shall co mpl y with all appli cable fede ral laws , regul ati ons and requirement s, an d all
provis ions of th e gra nt agreeme nts received from th e U.S. Depart ment of Housing and Urtvin
Develop ment (HUD) by th e Coun ty. These in cl ud e but arc not limited to co mpli ance with th e
provision s of the Housi ng and Community Devel opment Act of 1974 and all rul es , regulatio ns,
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guidelines and circulars promulgated by the various federal departmen ts, agencies, administration s
and co mmi ssions relating to the CDBG Program . A li sting of so me of th e appli cab le laws and
regulations are as follows:
I. 24 CFR Part 570;
2. 24 CF R Parts 84 and 85;
3. Title VI of the Civil Rights Act ofl964;
4. Title YIU of th e Civil Right s Ac t of 1968;
5. Sections I 04(b) and I 09 of the Housi ng and Co mmuni ty Developmen t Act of 1974;
6. Fai r hou sing regulation s es tabli shed in the Fair Housing Act , Publi c Law 90 -284 , and
Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973 ;
8. As bestos gu id elines established in CP D Notice 90-44;
9. The Energy Poli cy and Conservation Act (P ubli c Law 94-163) and 24 CFR Part 39;
I 0. Equal emp loyment opportunr •. ·1 minority business enterpris e regulation s established
in 24 CFR part 570.904;
11. Section 3 of the Housing and L.' ~• Development Act of I 968 ;
12. Non-discrimination in employment, establi shed by Executive Order 11 246 ;
13 . Lead Bas ed Paint regulations established in 24 CFR Parts 35 and 570.608 ;
14 . Audit req uirem ents es tabli shed in 0MB Circular A-133 ; and
15 . Cost principles established in 0MB Circuil!l'S A-87 and A-122.
I 6. Co nflict of Interest:
(a) Applicability . In the pro curement of property and services by parti cipating
jurisdiction , State recipients , and subrecip ients , the conflict of int erest provision in
24 CFR 85 .36 and 24 CFR 84.42 , respectively , appl y. In all cases not governed by
24 CFR 85.36 and 24 CFR 84.42 , the provision s of this secti on app ly.
(b) Conflicts prohibited . No persons described in paragraph (c) of thi s secti on who
exercise or who have exercised any functi ons or responsibilities with res pect to
activities ass isted with CDBG fund s or who are in a position to participate in a
dec ision making process or gain inside inform ati on with regard to these acti viti es ,
may not obtair a finan cial interest or benefit from a CDBG -as sisted acti 'ty, or have
an interest ',1 an y contract , subco ntract or agreement wiU1 respect thereto , or th e
proceeds t1,ere und er, ei ther for themselves or th ose with whom th ey have fa mil y or
business 1,es, during their tenure or for on e year thereafter.
(c) Perso ns covered. The co nfli ct of interest prov isions of paragraph (b) of thi s section
appl y to any person wh o is an empl oyee, agent , consultan t, officer or elected official
or appointed offic ial of th e part icipating j urisdi ct ion, State recipi ent , or sub, 1ient
which are rece iv;n g CDB G fu nd s.
(d) Exceptions : Thres hold req ui rements. Upon tl1 e written req uest of th e participating
j uri sdiction , HUD ma y grant an excepti on to tl1 e provi sion s of paragraph (b) of thi s
sect ion on a case-b y-case bas is when it detenni nes that U1 e ex cep tion will serve to
further th e purp ose of th e CDB G Inv estment Pa rtnershi p Progra m and th e effecti ve
and effic ient ad mini stration of the participati ng jurisdiction's program or project.
An exce pti on may be co nsidered onl y after th e participatin g jurisdiction has
prov ided th e fo ll owing :
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( 1) A disclosure of the nnture of th e co nfl ict. acco mpanied by an ass uran ce that
there has been public disclosure of the conflict and a description of how the
public disclo sure was made ; an<l
(2) An opinion of the participai,ng jurisdiction's or State recipient 's attorn ey
that th e interest for which th e exemption is sought would not violate State or
local law .
(e) Factors to be considered for exemption . In detennining whether to !,'nlnt a requested
ex ception after the participating jurisdiction has satisfactorily met the requirements
of pa .agra ph (d ) of thi s section , HUD will co nsider the cumul ative effect of the
following fac tors , where applicable :
(1) Whether the exception wo uld provid e a signi ficant cos t benefit or an
essential degree of expertise to the program or project which would
otherwise not be available ;
(2) Whether the person affected is a member of a group or class of lo w incom e
person s intended to be the beneficiaries of the ass isted activity and the
ex cepti on will permit such person to receive genera lly the same interests or
benefits as are being made avai labl e or provided to the grou p or class ;
(3) Whether th e affected person has withdrawn from hi s or her functions or
responsibilities, or the decision making i,.-ocess wi th respect to the. specific
assisted acti vity in question;
(4) Whether the interest or benefit was present before the affected pers on was in
a position as described in paragraph (c) of thi s section ;
(5) Whether undue hardship will result either to the parti cipating jurisdicti on or
the person affected when weighed against the public interest served by
avoiding th e prohibited co nfli ct; and
(6) Any other relevant considerations .
(f) Owners and Developers .
(I) No owner, developer or sponsor of a proj ect ass isted with CDBG funds (or
officer, employee , agent, elected or appoi nted official or co nsu ltan t of th e
ow ner , developer or sponso r) whether private, for-profit or non-profit
(in cludi ng a co mmunity housing development organiza tion (CHDO) when
acting as an owner, developer or spo nsor) may occupy a CDBG-assisted
affo rd ab le housing unit in a project. Thi s provi sion do es not apply to an
indi vidual wh o receives CDBG fund s to acquire or re habilitate hi s or her
prin cipal residen ce or to an en1ployee or age~t of th e owner or develop er of a
renta l housi ng project who occupi es a housin g unit as the project manager or
maintenance work er.
(2) Exce ptions. Upon writt en requ es t of a housi ng owner or develo per , the
participating j uri sdi ction (o r Stat e rec ipi ent, if auth orized by tl1e Stat e
participating juri sdiction) may grant an exception to the prov isions of
paragraph (f) (I) of thi s sectio n on a case-by-case bas is when it determin es
th at the excepti on will serve to fu rth er th e purpo se of th e CDBG progra m
and th e effective and efficient administrat ion of th e owner 's or developer 's
CDBG-assi sted proj ect. In detennining whether to !,'11l nt a reques ted
exce ption , th e part ici.,nt ingjurisdicti on shall consider tl1e fo ll ow in g fac tors :
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(i)W heth er the person recei vin g the benefit is a member of a !,'fOUp
or clas s of low-income persons intended to be the beneficiaries of th e
assis ted housin g, and th e exception will permit such person to
receive generally the same int erests or benefits as are being made
ava il abl e or provide to th e gro up or class ;
(ii )Whether the pcrscn has withdrawn from hi s or her function s or
responsibilities , or the decision making process wi th respect to the
spec ifi c assi sted hou s111g in question ;
(ii i) Wheth er the tenant protecti on requirements of cc . 92.253 are
bei ng obse rved ;
(i v) Whether the affinnative r,o::,-l:~ting requirement s of Se c. 92.35 1
are being observed an d fol lowed ; and
(v) Any oth er fa ctor rel evant to the parti cipat in g jurisdiction ·s
determinati on, including th e timin g of the requested excep tion .
Ad diti onall y, in acco rdance with 24 CFR Part 570 , no employee, officia l,
agent or co nsu ltant of th e SubG ran tec shell exercise any function or
responsib ilit y in which a co nflict of interest , real or apparent, wo uld ari se .
17. The SubG rant ee can not engage in a federa ll y fu nded co ntract with any entity
registered in th e Lists of Partie s Excluded Fro m Federal Procurement or
onprocu rement Program s.
B. Non -Appropriations Clau se
Th e SubG rante e agrees that it will includ e in every co nt ract it enttTS, whi ch reli es upon CDB G
monies for fundin g, a non-ap propriati on clause that will prot ect itself, and the County from any
liab ilit y or responsibility or any s uit whi ch might result fro m th e discontinuance of CDB G fund ing
for an y reason. Beca use thi s SubGrantec Agre ement invo lv es fund s fro m a fed eral grant, to th e
extent th ere is a co nfli ct th e fu nd ing provi si on s of this SubGrantce Agreement , the fed era l grant and
th e federal statute s co ntrol rath er th an the pro visions of ection 24-91-103 .6, C.R .. with regard to
an y publi c work projects.
C. Expe nditure Re strictions
All CDB G fund s that are app ro v,xl by HUD fo r ex penditure under th e Count y's !,>rant agreement ,
in clu din g those that arc id entified fo r the ubGrantee s Proj ec ts and acti vities, sha ll be allocated to
the specifi c projects and ac tivit ies described and li st ed in th e gran t agreement s. The all ocated fund s
shall be used and exp ended onl y for the proj L'C lS and activities for whi ch the fu nd s are identified .
D. Agreement Changes
o project s or acti viti es , nor the am ount all ocated th erefore, may be cha nged withou t approval by
the Co un ty and acce ptan ce of th e re vised Final tatcmc nt and/or Co nso li dated Plan by HUD, if
required . Change! mu st be requ es ted in writ ing and ma y not be gi n until a modi fi cati on to this
Agreement is full y exec uted
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E. Direc t Proj ect Supervision and Admini stra ti on
Th e Sub Gra nt ee shall be respo nsibl e fo r th e di rect supervis ion and administrati on of it s res pecti ve
projects or acti viti es. This task shall be accompli shed throu gh the use of th e SubGrant ec's staff,
agency and employees . The SubG rant ee shall be res ponsibl e for any inj u1y to pers ons or damage to
property res ultin g fi'om the negligent acts or errors and omi ss ions of it s staff, agents and employees.
Because th e SubGrantee is res ponsibl e for th e direct sup erv ision an d admi ni stratio n of it s proj ects
or acti vit ;es, th e Co unt y shall not be liabl e or res ponsi ble for cost ov errun s ',y th e ubGranlc c on
an y projects or activ iti es. Th e Co unty s~.a ll hav,: no dut y or obligation to provide an y addition al
funding lo th e ubGrante e if its projects or activi ties cann ot be comp let ed with th e funds all ocated
by th e Co unt y to th e SubG rantec . Any cos t m·errun s hall be th e so le responsib ilit y of th e
Sub Gra nt ec.
I. Th e SubGran:ec agrees that all fund s all oca ted to it for approved projects or act ivi ties
shall be us ed su!ely for th e purp oses approv ed by th e Co unty. Said fund s shall not be
used for an y non-approved purposes.
2. The Sub Grantec agrees that the fund s all oca ted for any appro ved projects or act iviti es
shall be suffi cient to com plet e sa id projects or act ivities with out any add ition al CD BG
funding .
F. Indemnity
To th e ext ent all owed by law. the ub Grantcc sha ll ind emnify and hold harm less th e County und its
ele cted and appointed officials. officers. emp loyees and agents fi'o m and again st an y and all losses,
damages, lia biliti es. claims , suit s, action s or costs , in cludin g attorn eys fees. mad e, as serted or
in curred as a res ult of an y damage or all eged da mage to perso n or pro peny occas ion<,d by til e acts
or omiss ions of SubG rant ec. its officers. empl oyees, agents , co nt ractors or su bco ntractors , ari si ng
out of or in an y way co nn ected with lh t Project or th e perfo rmance of thi s co ntra ct.
G. Bonding and In sura nce
If th e ub Gnmtec's projects in vo lve co11st111 ction activi ties, any Contr<1.ct or it uses fo r sa id activ iti es
shall be req uired to pro\'id e and maintain . unt il final accep tance by the SubGrant ee of all wo rk by
such Co ntra ctor. the kind s and minimum amounts of in surance as follow s:
I. Co mprehensive General Li ubiliry: In th e amount of not less th nn $1.000,000 co mbined
si ngle li mit. Co,.rnge IO in clud e:
a. Premi ses Operat ions
b. Prod ucts/Co mpl eted Opt.~·at ions
c. Broad Fann Cont ra ct ual Liabi lit y
d. Inde pendent Co nt ractors
e. Brood Fann Property Damage
f. Em pl oyees as Addi ti onal Insured
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Personal Inju ry
Arapahoe County and the SubGrantee as Additi onal Named Insured
Waiver of Subrogatio n
2. Comprehensiv e Aut omobile Liability: In the am ount of not Jess than $ I ,000 ,000
com bined single limit for bodily injury and propert y damage. Coverage to include :
a. Arapahoe County and th e SubGrantee as additi onal Named In sured
b. Waiver of Subrogation
3. Empl oyers Liability and Workers Compensati on: The Contractor shall sec ure and
maintain employer's liability and Worker's Compensation Insuran ce th at will protect
it against any and all claim s res ulti ng from injuri es to and death of workers engaged
in work under an y contra ct fund ed pu rs uant to thi s agreement. Coverage to includ e
Waiver of Subrogation .
4. All referenced in surance polici es and/or certificates of insurance shall be subjer.t to
th e foll ow ing stipulations :
a. Un derwri ters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the int eo • of the parties that the in surance
po li cies so effected shall protect th e parties and be primary cove rage fo r any
and all losses covered by the described in suran ce .
b. The clause entitled "O th er In suran ce Provi sions" co ntain ed in an y policy
includin g Arapahoe County as an additional nam ed insured shall not app ly
to Arapah oe Co unty, or the SubGrantee.
c. Th e insurance compan ies issu in g th e poli cy or poli cies shall have no
recours e agai nst Arapahoe Co un ty, or th e SubGrantee for payment of any
premium s due or for any assessments und er any form of any po li cy.
d. Any and ali deductibles co ntai ned in any in suranc e po licy sha ll be ass umed
by and at the sole risk of th e Co ntractor.
5. Certifi cate of Insurance: Th e Co ntra ctor shall not co mm ence work und er any
co ntra ct fund ed pursuant to thi s Agreement until he has subm itt ed 10 th e
SubGrant ee, received app rova l thereof, certificates of in surance show in g that he has
co mplied with the foregoing in suran ce requi remen ts. The SubG ra nt ee sh&II also
sub mi t a co py of th e Contractor's certifica tes of in surance to th e Co unty.
6. Notw ith standing th e provisio ns co nt ai ned in thi s para11rap h (H) set fo 11h
herein above, th e Co un ty reserves th e rigl1t to modify or waive said provisi ons for
projects or activi ti es for wh ich th ese prol'i sions wou ld prove prohibi ti ve . Th e
SubGrant ee understands, however, that the decision to wa ive or modify those
prov isions is fu ll y within th e discretion of th e Co unt :1.
In accordance with 24 CF R parts 84 and 8$, th e fo ll ow in g bo nding requi rements shall app ly to all
projects exceedi ng th e si mplified acquisitio n thresho ld (c urrently$ I 00,000):
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A bid guaran tee from each bidr.:,r equ ivalent to 5% of th e bid pri ce : I.
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A perfo rmance bond on th e part of the con tra ctor for I 00% of th e contract price ; and •
A payment bond on the part of the co ntractor fo r I 00 % of the contrac t pri ce.
H . Record s
The SubGrantee shall mai nt ain a co mpl ete el of book s and record s docum enting its use ofCDB G
fund s and its supervisio n and ad mini stra tion of the Project. Reco rd s arc to include documentation
vciif)~ng Project eli gibil ity an d natio nal obj ect ive co mpliance, as well as fi nancial and oth er
ad ministrativ e as pect s involved in performing the Project. The SubGrantee shall provide full
access to these book s and reco rds to th e Co unty, th e Secretary of HUD or hi s des ignee , th e Office
ofl.,spector General , and the Genera l A co untin g Office so that compliance with Fed era l laws and
regula ti on s ma y be co nfirmed . The Sub(;• ant ee ··1rlher agree., to pro vi de to th e Co un ty upon
requ est, a copy of any audit reports pen a;ni ng to ,.,e SubGrant ee's financial operatio ns during tl1 e
term of this Agreement. All recot ds pert a:nin g to th e Project are to be maintained for a minimum
of fi ve years fo il ow in g close-o ut of th e Project.
l. Reporting
The ubG rant ee shall fi le all reports and other info m1ation necessary to co mply with applicab le
Federal laws and regulation s as req uired by the Co unty and HU D. This shall include providing to
the Co un ty th e information necessary to co mplete annual Performan ce Report s in a timel y fas hi on .
J. Timeliness
Th e SubGra ntee shall comply with th e quarterl y perfonn ance standard s establ ished in Section U-C
of thi s Agreement. The SubGrantee und ers tand s th at fai lure to co mp ly with th e established
stand ard s may lead to a cancellati on of th e Project and a loss of all unexp ended fu nd s.
K. Reimbursement for Ex penses
The Su hGrant ec agrees that before the Co unt y ca n distribute an y CDBG fund s to it, th e SubGran tee
mu st submit 10 th e Cou nty's Housi ng and Communi ty Development Serv ices Div ision
docum entati on in th e fo nn required by that Divi sion which properl y and full y id ent ifie s the amount
which th e SubGrant ee is requ es ting at th at tim e. 1l1e Co unty shall have ten (I 0) wo rkin g days to
review th e request. Upon approva l of the req uest, th e Co un ty will di stribut e the requ es ted fu nds i0
the SubGran tee as soon as poss ib le.
L. Progr am Incom e
All program in come direc tl y deriv ed from th e Arnpehoe Co unt y Co mmunit y Development Bl oc k
Grant Program recei ,cd by th e SubGrnntec will be reta in ed by the Sub Grant ec and will be
dispersed for its ap proved CDB G Project acti viti es be fo re additi onal CDBG fu nds arc requ es ted
fr om th e Co unt y. Fo ll owin g compl eti on of th e Sub Grantee's Arapahoe Co unty CDB G Project s, all
progra m inco me directl y generated from th e use ofCDBG fund s will be remitt ed to th e Co un ty .
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M . Real Property
Real property acquired in whole or in part with CDBG fund s shall be utili zed in accordance with
the sco pe and goal s identifi ed in Sectio ns I and LI of thi s Agreement. Should th e property in
question be sold or otherwis e di sposed of, or the approved property usage di sco ntinu~, th e
SubGrant ee shall adhere to the requirement s of24 CF R Parts 84 or 85 (as app licab le) regardin g the
use and disposition of real pmperty.
N. State and County Law Compliance
All responsibilities of the SubGran tee en umerat ed herein shall be su bject to applicable State
statutes and Co unty ordi nan ces, reso lution s, rul es, and regulations.
O. Subcontracts
If sub contracts are used on the Proj ect , th e SubGrantee agrees that th e pro visions of thi s Agreement
shall app ly to any subco ntract.
P. Suspension or Termination
Ti ti s Agreement may be immed iatel y suspended or terminated upon written notifi cati on from th e
County if th e SubGrantee materiall y fails to comply with any term of th is Agreement. Thi s
Agreement may also be termin ated for co nvenience by mutual agreement of the County and th e
Sub Gran tce.
Q. In th e event th at th e Unit of Genera l Local Gov ernment should withdraw from the Cour,t)'s
"Urban Co unty" des ignation , thi s A1,rrc-emenl shall termina te as of th e tem1i nati on date of the
Co unt )'s CD BG grant Agreement with HUD .
R. The SubGrantee certifies that to the best of its know ledge and belief:
l. No Federa l app ropria ted fund s have been pai d or ill be paid , by ur on beh al f of it ,
to any perso n for influ enci ng or attempting to influe nce ~n officet ;,r empl oyee of
any agency, a Membei of Congress, an offi cer or emp loyee of Co ngress, or an
emp loyee of n Member of Co ngress in co nn ecti on with the awardi ng of any Federal
co ntract, the makin g f any Fed en.l grant , the maki ng of any Federal loan, th e
enterin g into uf . any coo pera ti, e agreeinent, and the exten sior0 continu ation ,
renewal , amend ment, or modifi cation of any Federal contract , gran t, io an , or
coo perative agreeme nt ; and ,
If an y fu nds other than Federa l app ropri ated funds have been paid or will be paid to
an y person fo r influ encing or attemptin p to infl uence an officer or empl oyee of an y
agency, a Mernber of Congress , an officer or empl oyee of Congress, or an employee
cf a Memb er of Co ngress in co nn ectio n with this Federa l co ntra ct, grant, loan , or
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cooperot ve agreement, it will c0mplet e and submit Standard Form -L LL,
"Di ocl osurc Form to Report Lobb yi ng," _;n acco rdan ce with its instructi ons. •
S. DisaUowance
If it is determ ined by HUD or other federal agen cy th at the exp enditure, in whole or in part , fo r th e
SubGrant ee's Project or acti vity was improper, inapp ro pt iate or ineli gibl e fo r reimbursem ent, then
th e SubGrantee shall reimburs e th e Cou nty to th e full extent of the di sa llo wance.
T . Vcrifkation of Lawful Presence
Th e Sub Grant ee shall be responsib,c fo r ensurin g co mpliance with C.R .S. Sectio n 24 -7 6.5-103 by
verJyi ng the lawfu l presen ce of all person s eighteen years of age or older wh o appl y for any
benefit s funded in wh ole or in part by th e grant fund s that are the s ubject of thi s Agreem ent.
SubGrantcc sh all verify lawful pre sen ce in the mann er required by th e statute, and shall pro vid e
pro of of compliance upon L~e requ est of th e County.
IV . RESPONSIBILITIES OF THE COUNTY
A. Administrative Co ntrol
The Parties recogni ze and underst and that the County will be the governmental entit y required to
exec ute all grant agreements received from HUD purs uant to the County's requests for CDB G
fund s. Accordingl y, th e SubGrant ee agree s th at as to its projects or activitie s performed or •
conducted under any DB G agreement , the Count y shall have the necessary adm ini strati ve co ntrol
required to meet HUD req uirement s.
B. Perfor~tnnce and Compliance Monitoring
The Co unt y's admin is trati ve obligation s to th e S ubG ra nt ee pursuant to para graph A above shall be
limi ted to th e perform ance of th e admin is tra ti ve tasks necessary to make CDB G fund s ava il ab le to
th e SubGrante e an d to pro vide Hou sin g an d Co mmunit y Development Services staff who se job it
will be to monitor th e variou s proj ec ts fund ed with CDB G monies to mon it or co mpli an ce with
appli ca bl e Fed cru l laws and regulati ons.
C. Reporting to HUD
The Co un ty will be res ponsib!c fo r seei ng th at all necessary repo rt s and in fo n11111 ion req uired of th e
Co unt y are fil ed with HUD and oth er app lica bl e Federa l agencies in a timely fas hi on.
V. EXTENT OF THE AGREEME 'T
Thi s agreeme nt, incl udin(; any docu ment, att ac hed as ex hi bi ts whi ch are hereby inco rpora ted herein
by refe rence, re pres ent s th e entire and inl ef,'Titted agree ment betwee n th e Co unt y, and SubGra nt ee
and sup ersedes all prio r nego ti at ions, representat ions or agree ments , either writt en or oral. Any
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VI.
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amendments t" this agi,=ent must be ir . writing and si gned by both the County, and SubGrantee.
If any portion ~f thi s agrc smen t is fo•,•,d by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent .. ~ •>,~ parties that the remaining portions of this agreement shall be of
full force and effect.
OTJCES
No tices to be provided und er tl1i s Agreement shall be given in writing and either delivered by hand
or deposited in the United States mail with suffi cient po stage to the addresses set forth:
To the County: Arapahoe Co unty Attorney
5334 S. Prin ce Street
Littleton, CO 80166
and
Arapahoe Co un ty Hou sing and Community Development Services
I 690 W. Littleton Bl vd., #300
Li ttl eto n, CO 80 I 20-2069
To the SubGrantee: City of Englewood
I 000 Englewood Parkway
Englew ood, CO 80 I I 0
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ln Witness Whereof, the Parti es have caused thi s Agreement to be dul y executed thi s
of ____________ ,2010.
SubGrantee : City of Englewood
Signature Jam es K. Woodward
____ Mayor, _____________ _
Title
Board of Co unty Commissio ner.;
Arapahoe County, Co lorado
Don Klemme on behalf of th e Board of County Com mi ss ioners
Pursuant lo Resolution # I 00 140
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PR OJECT BUDG ET
COLUMN A COLUMNB COLUMNC COLUMND
ProjtctActMtia Eltlmattd Total Cost or COBGFundl Olhr.r Funds Commlntd
(1pttlrr by llnr lmn) Acli\'ily
Project 1dministratK1n. including ll6,000 l l,500 ll0.500
pmocmel costs, Lead Based
Paint 1cstini; cosu, and Enagy
Audi1cmu
Grants for EflCfllY Efficiency l 90,000 S72.000 $18,000
• TOTAL: Sl 26.000 S77,l00 148,500
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• SU BG RANTEE AG REE MEN T FOR
ARAP AHO E COUN TY
COMMUN ITY DEV ELOP MEN T BLO CK GRANT FU OS
SU BGRANTEE: CIT Y OF E GLEW OOD
l'ROJECT NAME: HO SING REHABILI TATI ON AN D HA DYMAN PRO JEC1
PROJ ECT UMB ER: E HS 1013
'lni s Agreement is made by and between th e Board of Co unt y Commi ss ioners of the Co unt y of Arapaho e,
Stat e of Co lorado, for the Commun ity Development Bl ock Grant Program in the Com munity Reso urces
Department (hereinafter referred to as the Co unty) and the City of Englewood (h ere inafter referred O as th
SubGrantee) for th e co ndu ct of a Co mmunity Deve lopment Block Grant (C DBG ) Project.
I. PURPO SE
The primary obj ecti ve of Titl e I of the Hou si ng and Co mmunity Development Act of 1974 , as anended ,
and of the Communi ty Development Block Gr3llt (CDBG) Program under th is Titl e is the developm ent of
viable urban communities , by prov idin g decen t housi ng, a suitab le livi ng en viro nment and eipanding
economic opportunities , prin ci pall y for low and moderate income pers ons.
The proj ect by the SubGran tee known as th e Housing Rehab il itation and Handyman Proj ect (P rcj ect) has
been categori zed as a Housi ng Rehabi litatirn project and the SubGrant ee will maintain do cu mentatio n with
• the nati onal objective of Low/Moderate Inco me Housing activi ties .
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Th e SubGrantee may proccc'CI to incuc costs for th e Project up on receipt of an official "Notice to Proceed "
from th e Co unty.
II. WO RK TO BE COMPL ETE D BY Tli _; SU BGRANTEE
Th e following prov isio ns outli ne the sco pe of th e work to be comp leted :
The Sub Grantee wi ll utili 7e CDB G fi •ndi ng to prov id e fo ur (4) low inter est loan s and/or gra nt s 10 low to
moderat e in come homeo wn ers for home improvem ent s with in th e Cit y of Englewood . The project
prov ide loans up to $24,999 at varying int erest ra tes dependin g up on th e household in come. The project
is designed to add :ess: life threatening or safe ty problem s; handica1 ped retrofittin g; energy co nse rvat ion
meas ures; el imin at ion of potenti al co de problems; and ge nera l pro peny imp rove ment s. Impro veme nt s
may incl ud e, but are not li mited to repai rs and replace ment of fu rnaces, wa ter hea ters. roofs, gutters,
wind ows , doors, si dewa lks , plum bin g, elec trica l, whee lchair ramps , und HV AC work.
Th e proje ct will also in clude u Han dyman Projec t wh ich will pro vid e grants to low to moderat e inco me
homeo\\ ners wi thin th e it y of Englewood , in cludin g mob il e homeowne rs, fo r min or handym an rep airs
not I< exceed $1 ,000 pe r one -yea r period . Mi nor hand yman rep airs may in cl ude , but are not li mited to,
wi nd ow repair and repl aceme nt , plumbin g leaks, weatherstrippin g, gutt er repai r, furna ce re pair,
accessib ilit y fixtu re in sta ll ati on and repair, minor electri cal work. and min or roof repa irs.
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B
A. Pa yment
II is expressly agreed and understood that the total amo unt to be paid by U1e County under this
co ntract shall not exceed SS0 ,000 . Drawdowns fo r th e payment of eligi bl e expense; shall be mad e
agai nst the lin e item bud gets specified '" the Project Budget and in accordance with performance
criteria es tablished in Section 11-C. The parties expressly recognize that the SubGrantee is to be
paid with CDB G fu nds received from the federal govern men t, and th at the ob liga ti on of th e Co unt y
to make payment to ubGrantee is conti ngent upon recei p1 of such funds . In the event that said
fund s, or any pa n thereof. are, or become . unavai lab le, then th e County may immediately termin ate
or, amend thi s agreement. To the extent C.R.S. § 29-1-110 is app licable,, any financial obligati on of
the Co unt y to the SubGrantee beyond the cu rrent fiscal year is also co ntin gent upon adequate fu nds
being app ropriated, budgeted and other,vise avai lab le.
Upon expiration of thi s Agreement , as ide nt ified by th e deadline in Sect ion II. C. 3. bel ow , the
SubG ran tee shall transfer to the County any CDB G funds on hand at the time of expiration and
any accounts receivab le attribut able to the use of C DB G fund s. These transferred fu nd s shall
reven to the Co unry and be uti lized for oth er purp os es.
B. Time line
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All Project activ iti es will be co mp leted , anc' draw reque sts sub mitt ed . by April }0, 201 I unl ess th e
Subgrantee notifi es th e Cou nt y in writing by Ap ril I 5, 201 I th at th e project ca;mll be comp leted ,
and all dm,• 1ues ts submitted. until May, 31, 2011 . In th e evcnl tha1 the comp le1i.m deadli ne fa ll s •
on a weekenu or holida y, th e dea dlin e will be consid ered the work day prior to the sched ul ed
co mpl eti on date. If th e project requires add iti onal tim e past Ma y 3 I. 201 I. the Agree ment m~st be
mod ified by mutual agreement of th e Co un ty and SubGrant ee.
C. Performa nce C riteria
In accorda nce wi th th e fund in g appl icatio n subm itted by th e Sub Grantcc for the Proje ct. the criteria
li sted bel ow arc to be met du ri ng th e execution of the Project.
I. Quun 1ifi ab le Goa ls:
The SubGran 1ec will utili ze CDB G funding 10 provid e fo ur (4) low intere st loans
and /or gra nt s to low to modera te income homeow ners for home improvemen ts. The
project pro vid es loan s up to £24.999 at varying interest ra tes dependin g up on th e
househ old in co me . The proj ect is designed to addre~s: li fe threate ning or sa fet y
problem s: handicapped retrofi tt ing ; energy co nservation meas ures: eliminat ion of
po1ential co de prob lem s; an d ge nera l prope11y improvem ent s. Imp rove ment s mn y
include , bu1 are not limi ted to repairs and replacement of furna ces, wa ter heaters,
roofs. gutters. wind ows, doors. sid ewa lks , plumb in g, elcclr ica l1 wheelchair ra mp s,
and HVA C work .
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The proj ect will also includ e a Hand yman Proj ec t which will pro vid e grants to low to
moderat e income hom eowners within the City of Englewood , including mobil e
homeo wners , fo r min or handyman rep airs not to exceed S 1,000 per one-year period .
Min or handym an rep airs may includ e, but are not limit ed to, window repair and
replacement, plumbing leaks , weath erstrippin g, gutter repair, furn ace repair ,
accessibili ty fi xture in stall ation and rep air, mi nor electrica l wo rk , and min or roof
repa irs .
Wh en appro priat e, th e Sub Gran tee will refer cli ents to th e Co unty's weatheri za tion
program fo r assi stan ce, rather th an pro vid e a duplicat e service . Th is referral will be
doc umented and kept in th e cl ient fil e. In cases where applian ces or systems are
p,•rchas ed or in stall ed with fund s covered under thi s project, the ap plian ces or system s
must meet energy star standard s.
All imp rov emen ts funded und er thi s project are to be performed in accordan ce with
appli cable industry and local cod es and standard s, as well as th e Am en can s with
Disabiliti es Act.
All contractors , subco ntractors and vendors paid through thi s project must be checked
again st the federa l excluded parti c., li st to ins ure eligibili ty t~ receive fede ral fund s. The
SubGrant ee is respon sible for checking th e list.
2. Co mmuni ty Imp act:
Affordable housin g -stability an d housing qu ality
3. Quart erl y Perfo rm ance Standards:
S tember 30 20 I 0:
Market projec t, in terv iew poten ti al cli ents, co nstru cti on ass ess ment
Decemb er 3 I, 20 I 0:
Con tinu e to marke t proj ect, in terv iew potenti al cl ients , co nstru ction assessment
Provide one (I ) rehabili ta ti on loans/grants
March 3 I. 20 11 :
Cont inu e to market proj ect, int ervi ew potenti al clients , co nstruction assess ment
Pro,,id e two (2) rehab ilit ati on loa ns/grunts
April 30, 2010:
Prov ide one (I) rehabi litati on lo ans/grants
Cumul ati ve total of fou r (4) rehab ilit ati on loans/grant s
Com plete all rehabilit ati on s fun ded by proj ect
Submit fin al draw dow n and comp leti on report lo County
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D. Rep .. rting Requ irem ents
I. Project reports will be due wi thin fifteen da ys following the end of each ca l~ndar year
qu arter (Jun e 1 to September 30 report is due October 15 ; O:tober 1 to December 31
report is due January 15 ; January 1 to March 3 I report is due April 15; and the final
co mplet ion report is due May 31) until the Proj ec t is co mpleted .
2. Th e official annual audit and/or Financial ~ta ternents for the ubGrantee ii• which both
rev enues and ex penditure s for th e CDB G Projects described herein are detailed are due
annually. The last co mpleted official annual audit report and/or Financial Statements
shall be du e on May 3 I, and for four ( 4) years thereafter on Ma y 3 I.
3. 1l1e SubGrantee shall report quarterly, and annuall y, all program income generated by
activi ti es carried out with CDBG fund s. The SubGrantee shall report annuall y program
in co me balances (cash on hand).
E. Labor Sta ndards (Davis-Baco n)
Project activ iti es do not req uire compliance with federal labor standard s (D av is-Baco n) as it is
exe mpt (i.e ., public service activity , single family hom e rehabilitation , purcha se of materia ls, or
other activity that has bee n de1e1mined exempt from federa l lab or standard s).
F. Lead Based "•:int Reg ul ations
If the activity invol ves any constru ctio n, demoliti on, rehabilit ati on. or any activity related 10 a
building, and the building was built in I 978 or pri or, Lead Based Paint Laws and Regul ation s
appl y, as established in 24 CFR Parts 35 and 570 .608 . If th e SubGrantee does not foll ow and
doc ument Lead Based Paint Law s and Regulati on compliance , th e SubGrantee will not be eligible
for reimbursement.
The "Prmec t Your Family fr om Lead in Your Hom e" pamphlet is 10 be provided 10 all
homeow ners, regardless of age of housin g. Verifi ca ti on of not ification is 10 be maintained in cl ient
file s.
G. Env iron menta l Rev iew
Notwith stan<ling any provi sion of' thi s Agreement, the part ic~ hcrc!o agree and acknowledge that
thi s Agreement do es 1101 constit ut e a com mitm ent of fu nds or si te approval , and th at such
co mmitment of fund s or appro vn l may occ ur only upon sa tisfactory co mp letion of' en vironm ent al
review and rece ipt by Arapa hoe Co un ty of a rel ease of fund s from the U .. Depmtment of Housin g
and Urban Deve lopm ent under 24 CFR P.111 58. Th e parties further agre e that th e provi sion of an y
funds to the project is co nditi oned on Arapahoe Co un t)•'s determi nntion to pro ceed with , modify, or
cn nccl th e project based on the result s ofa rubseq uenl environmemnl revi ew.
H. Uniform Rc locntfon Act (URA)
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It has been detenni ned that no act ion under th ~ Uniform Rel ocation Act (U RA ) is necessary .
RESPONSIB ILITI ES OF THE SUBGRANTEE
A. Federa l Compliance
Th e SubGrant ee shall co mpl y with all appli cable federal laws, regulation s and requirements , and all
provision s of th e grant agree ments received from th e U.S. Department of Housing and Urban
Develo pment (HU D) by the Co unty. These includ e but are not lim ited to co mplian ce with th e
prov ision s of the Housi ng and Co mmuni ty Development Act of 1974 and all rules , regulations ,
guidelin es and circ ul ars promulgated by the vario us federal departm ents, agencies , administrations
and co mmi ssions relatin g to th e CDB G Program . A li stin g of some of the applica ble laws and
regu latio ns are as follow s:
1. 24 CF R Prut 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964 ;
4. Title vm of the Civil Righ ts Act of 196 8;
5. Sections 104(b} and 109 of the Housin g and Com munity Develo pment Act of 1974;
6. Fa ir hou sing regu lati ons estab li shed in th e Fair Housing Act , Public Law 90-284 , and
Executi ve Order 11 063 ;
7. Section 504 of the Rehabilitati on Act of 1973;
8. Asbestos guidelines esta bli shed in CPD No tice 90-44 ;
9. The Energy Policy and Co nserv ation Act (Pub li c Law 94-163) and 24 CF R Part 39 ;
I 0. Equal empl oyment opportunity ari d minori ty busin ess enterpri se regulations estab li shed
in 24 CFR part 570.904;
11 . Secti on 3 of the Housing and Urban Dev el opm ent Act of 1968 ;
12. Non-d iscri minati on in empl oyment , estab li shed by Executive Order J 1246 ;
13. Lead Based Paint regu lat ions esta bli shed in 24 CFR Parts 35 and 570.608 ;
14 . Audit requirement s esta bli shed in CM.B Circ ular A-133 ; and
I 5. Cost prin cipl es estab li shed in 0MB Cu~ul ars A-87 and A-1 22.
16. Co nfli ct ofln terest :
(a) Appli ca bility. In the proc uremen t of property and serv ic es by parti cip atin g
jurisd iction , State recipi ents , and subrecipien ts, the conflict of interest prov ision in
24 CF R 85.36 and 24 CF R 84.42, respectively, appl y. In all cases not gov ern ed by
24 CFR 85.36 and ·24 CFR 84.42 , th e provi sions of thi s sect ion app ly.
(b} Con flict s prohibited . Ne pers ons descri bed in parab'l'IIPh (c) of thi s sec ti on who
exerc ise or who have exercised an y funct ions or res ponsib iliti es wi th respect to
activiti es assis ted with CDBG funds or who are in a posi tion 10 participate in a
decis ion mak ing process r gain inside in forma ti o11 with regnrd t t ''1 ese act ivities,
may not obta in a financ ial interes t or benefit fro m a COBO-a ss isted activ ity, or have
an interest in any contract, subcontract or agreement with respect th ereto, or the
proceeds th ere und er, eith er for them se lves or th ose with whom they have fami ly or
business ties, durin g th ei r tenure or for one year thereafter .
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(c) Persons covered . The conflict ofr1terest provision s of paragraph (b) of this section
ap pl y to an y person who is an employee, agent , consultant, officer or elected official
or appoi nted official of th e participati nJ jurisJiction, Stat e reci pient , or subrecipient
which are receiving CDBG funds .
(d) Exception s: Threshold requirements . Upon th e written request of th e participating
jurisdiction , HUD may grant an exception to th e provision s of paragraph (b) ofU1is
section on a case-by-case basis wh~" it ct,,termin es that the exception will serve to
further th e purpose of th e CDBG rrograrn and the effective and efficient
admini stration of th e participr,ting jurisdiction 's program or project. An exce pti on
may be considered onl y a'ler the participating jurisdiction has pro vid ed the
fo ll owing :
(I) A disclosure of the nature of the co nfli ct, acco mpanied by an ass urance that
there has been publi c di sc losure of the conflict and a description of how th e
public di sclos ure was made ; and
(2) An opinion of the participating jurisdiction 's or Sta•.: recipient's atto rney
that the interest for which th e exemption is so ught w Juld not vio lat e State or
local law.
(e) Factors to be consid ered for exemption. In determining whether to grant a requested
ex ception after th e parti cipating juri sdiction has satisfactorily met th e requirement s
of paragraph (d) of thi s secti on , HUD will consider the cumulativ e effect of th e
follo wing factors, where appl icable :
(I J Whether the exception wo uld provide a signifi cant co st benefit or 1\11
essential degr !e of expertise t~ the program or project which would
otherwise not be available ;
(2) Whether the person affected is a memb er of a group or class of low in co me
person s intended to be th e benefi ciari es of th e assisted activit y and th e
exception will permit such person to receive generall y th e same interests or
benefits as are being rnade ava il able or prov ided to the gl\lup or clas s;
(3) Whether th e affected person has wi thdraw n from hi s or her fun ctions or
respon sibilities, or th e decision making pro cess with respect to the specifi c
assis ted ac ti vity in qu esti on ;
(4) WheU1cr U1e interest or ben efit was present befo re th e affected pers on was in
a pos itio•1 as described in paragra ph (c) of thi s sect io n;
(5) Wh eU1 er undue hardship will resul t either to the parti cipating jurisd ict ion or
th e pe rso n affected when weighed again st th e publi c int1orcst served by
avo idin g the proh ibit ed conflict ; and
(6) An y other relevan t co nsid erations.
(f) Owners and Developers .
(!) No owner, develop er or sponsor of a project ass is1ed wi th CDB G funds (or
officer, empl oyee, agen t, elected or uppoinled officioi or co nsultant of th e
owner, deve loper or spon;or) whether pnvate, for-profit or non-pro fit
(induding a community housing develo pment organizati on (CHOO) when
ac1ing as an own er, developer or sponsor) ma y occ upy a COBO -ass isted
affordab le housin g unit in a project. Thi s prov ision docs not app ly to an
indiv idual who receives CDBG fund s to acq uire or rehabi litate hi s or her
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principal res id ence or to an emplo yee or age nt of the owner or developer of a
rental housir.g proj ect wh o occ upi es a ,t usin g unit as the proj ect manager or
maint enance worker.
(2) Ex ceptions. Upo n written requ est of a housing owner or developer, the
participating juris~iction (or St ~te recipient , if authori zed by the State
participating juris di cti on) may grant an exception to th e pro vision s of
paragraph (f) (I) of thi s section on a case-by-case bas is when it determi nes
that th e exception will serve to further the purpo se of the CDBG program
and the effective and efficient admi ni stra tion of th e owner 's or developer's
CDBG -assi sted proj ect. In determining whether to grant a requ es ted
exce ption , the participatin g jurisdiction shall co nsider th e following factors :
(i)Whether the l"'rso n receiving the benefit is a member of a group
or class oflow-in cime perso ns intended to be th e bene fici aries of the
assisted housing, and th e excep ti on will permit such perso n to
receive generall y the swne interests or benefits as are being made
avai lable or provide to the group or class ;
(ii)W hether the person ha withdrawn from his or her funct io ns or
responsibilities , or the decision making process with respect to the
specifi c assis ted housing in question ;
(i ii) Whetl,er the tenant protecti on requirements of Sec. 92 .2 53 are
being observed ;
(iv) Whether the affirmative mark eting requirements of Sec . 92.35 1
are being observed and followed ; and
(v) Any other factor relevant to the participating j urisdicti on's
determin at ion , including th e timing of th e requested exception .
Ad diti ona lly, in accordance with 24 CFR Part 570 , nc, empl oyee, official ,
agent or con sultant of the SvbGrantee shall ex erci se any func ti on or
respo nsibility in which a co nfli ct of int o.rest, real or apparr:,1 • wo uld arise .
17. Th e SubGrantee ca nnot engage in a fedciall y funder! contra ct wi •h any ent ity
registered in th e Lis ts nf Part ies Exc luded From Federal Proc urement or
No nprocurement Program s.
B. Non-Appropriation s Clause
The Sub Gra ntee agrees that it will in clud e in every contract it enters, which relies upon CDBG
moni es for fu nding, a nCIJ•ap propriation clause that w''1 pro tect itse lf, and th e Co unt y from an y
liability or res pons ibili ty or any suit whi ch mi ght res ult from tr.~ di sco ntinu ance of CDB G fun di ng
for an y reason. Bee&ase this SubGrant ee Agreement in vo lves fund s fr om a fed era l grant, to th e
ex tent th ere is a co nfli ct the funding provi sio ns of this SubGran tee Agreement , th e federa l grant and
th e federal statut es co nt ro l ra th er than the prov isions of Sec ti on 24-9 1-103.6 , C.R.S. with regard to
any publi c work projects .
C. Expenditure Restriction s
All CDBG fund. that are approved by HUD for expen~iture under th e County's grant agreemen~
including those that are identifi ed fi r the SubGrante-cs Projects and activities , shall be allocated to •
the specific projects and ac ti vities described and li Jced in the grant agreements . The all ocated funds
shall be used and expended onl y for the project s and activities for which the funds are identified .
D. Agreement Changes
No projects or activities, nor the amount allocated therefore, may be changed without appro val by
the Co unty and acceptance of the revised Final Statement and/or Co nsolirlated Pl an by HUD , if
required . Changes must be requ ested in writing and may not begin unti'. a modificat ion to this
Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be respo nsible for the direct supervision and admi ni stration of its respective
projects or activities. This task shall be accom plished through the use of the SubGn,,,tee's staff,
agency and employees . The SubGrantee shall be responsible for any inj ury to per30ns or dam age to
property res ulting from the negl igent acts or errors and omissions of its staff, agents and employees .
Because the 5ubGrantee is responsible for the dtrc:ct supervision and admi nistra tion ;if its projects
or activi ti es lhe County shal l not be liabl e or responsible for cost overruns by the SubGranlr: on
any projects or activities . The County shall hav e no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be com pleted with the funds allocated
by the County to the SubGrantee . Any cost overru ns shall be the so le respon sib ility "' th e
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I. The SubGran tee agrees that all funds all oca ted to it for approved projects or activities
shal l be used so lel y for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes .
2. The SubGrantee agrees that the fund s allocated for any approved projects or activities
shall be sufficient to co mp lete sa id project s or activities wi thout any add ition al CDBG
fund ing.
F. Ind emnity
To the extent allowed by law , the Sub Gra nlee shall indernnift and hold harml ess the Co un ty and its
elected and appointed official , officers , en1pl oyees and agents from and against any and all losses,
damages , li abilities , claims , su its, actions or costs , includin g attorneys fees, made , asserted or
incurred as a result of any damage or alleged damage to person or propert y occasio ned by the acts
or omission s of SubGrantee , its offi cers , emp loyees, agents, contractors or s•,bcontractors, arising
out of vr in any way connected with th e Project or th e performance of01is co ntract.
G. Bonding und In surance
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Jfthe SubGrantee's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and maintai n, until final acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amounts of in surance as follo ws:
I. Comprehensive General Liabili ty: In th e amount ofnot les s than $1,000 ,000 combined
si ngle limit. Coverage to include:
a. Premis es Operations
b. Products/Completed Operations
c. Bro ad Fonn Contra ctu al Liability
d. Independent Contractors
e. Broad Fonn Property Dam age
f. Em ployees as Additional Insured
g. Personal Injury
h. Arapahoe County and th e SubGrant ee as Add iti onal Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less th an $t ,OOO,OOO
combined single limit for bodily injury and property damage. Covera ge to includ e:
3.
a. Arapahoe County and the SubGrantee as additional Named In sured
b. Waiver of Subrogation
Emplo yers Liability and Worker!l Compensation: Th e Contractor shall recure and
maintain employer's liability and Worker's Compensation Insuran ce th at will protect
it against any and all claims resulting from injuries to and deatl· ,f workers engaged
in work under any cc.,. tract funded pursuant to thi s agreement. overage to include
Waiver of Subro gatio n.
4. All referenced insurance policies and/or cenificates of insurance shall be subject to
th e following stipulation s:
5.
a. Underwriters shall hav e no rights of reco very subrogation against Arapah oe
County or the SubGrantee; it being the intent of the parties that th e insurance
poli cies so effected shall protect the pani es and be primary coverage for any
and all lo sses covered by th e des cribed insuran ce .
b. Th e clause entitled "Other In suran ce Provi sions" contained in any policy
in cluding Arapahoe County as an add iti onal named insured shall not ap pl y
to Arapahoe County, or tl1e SubGrantee .
c. Th e in suran ce co mpani es issuing the policy or policies shall have no
recourse aga inst Arapahoe Co un ty, or the SubGr::nt ee for payment of any
prem ium s due or for any as sessments under any fonn of any poli cy.
d. Any and all deductibles co ntai ned in any insuran ce policy shall be assum ed
by and at U1e so le risk of the Contractor.
Ceni ficate of Insuran ce : The Co ntractor shall not comme nce wo rk und er any
contract funded pursu ant to this Agreement until he has sub mitted to the
SubGrantee, rece ived approval th ereof, certificates of insurance showi ng th at he has
co mpli ed wi th th e forego i:i g insu ran ce requiremer t The SubGrantee shall also
submit a copy of the Contrac1or's certifica tes ofinsu •;a,c= to th e Co unty. •
6. otw ithstanding th e provi siom co ntained in tn . paragra ph (H) set forth
hereinabove , the Co unty reserves the right to modi f.; waive said provision s for
projects or acti vities for which these provisi ons w1.uld pro ve prohibiti ve . The
SubG ran tee understands, however, that the decision t~ waive or modify those
pro visions is fully within th e di screti on of the Co unty.
In acco rdance with 24 CFR parts 84 and 85 , th e fo ll owing bonding req uiremen ts shall appl y 10 all
projects exceed ing the si mp lified acqu isi tion threshold (currently$ I 00,000):
I. A bid guarantee fro m each bidder equivalent to 5% oftl1e bid pri ce;
2. A performance I nd on the part of the con tract or fo r I 00% of the contract pri ce; and
3. A payment bond on th e part of the contractor fo r I 00% of the contract pri ce.
H. Reco rd s
Th e SubGran tee shall main tain a complete set of books and record s documenting ils use of CDBG
funds and its superv ision and administration of the Project. Record s are 10 include documentati on
verifying Project eligi bili ty and nationai objective compliance , as well as fi nancia l and o'.:ier
adminis trati ve aspects involved in performin g the Project. The SubGrant ee shall provide full
access to th ese books and record s to the Co unty, tl1e Secretary of HUD or hi s des ignee, the Office
of In spec tor General, and tl1c General Acco untin g Office so that compli ance wi th Federal Jaws and •
regula tions may be confi rmed . Th e SubG ran tee further agrees 10 provid e 10 lh e Coun ty upon
req uest, a co py of an y au dit reports pertain ing 10 th e SubGran tee's financial opera ti ons during the
term of thi s Agreement. All records pcnaini ng 10 th e Project are to be mai ntained for a mi nimum
of five years fo ll owinc close-o ut of the Project.
I. Reportin g
The SubGra ntcc shall file all reports and other informati on necessary to co mpl y with appl icab le
Federa l laws and rc1,'lllations as req uired by th e Co unt y and HUD. Thi s shall includ e prov idin g to
the Co unty th e info rmati on neces sary 10 co mpl ete annual Perfonnan ce Repo ns in a tim ely fashion.
J . T ime liness
n,c SubGra nt cc shall co mpl y with th e quanerly per fonnancc sta ndard s estab li shed in Section 11-C
of thi s Agreement. The Sub Gran:ee und ersta nd s th at fai lure 10 co mply with th e es tabli shed
standards may lend to a cancella tion of th e Project and a loss of all unexpended fund s.
K. Reimburse ment fo r Ex pense s
The ubG ran tec agrees that before th e Co unt y can di stribut e any CDBG {. • . to it, the SubGrantee
mu st submi t to the Cou nt)'s Jiousing and Co mmunity Dev el 0; -~-nt Services Division •
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documentation in th e fonn required by that Di vis ion whi ch properl y and fully identifies th e amou nt
which the SubGrant ee is requesting at that time. The Cou nty sha ll have ten (I 0) working days to
review the request. Upon approval of the request , lhe County will di stribut e the req ues ted fund s 10
the SubGrantee as soo n as possi bl e.
L. Progra m In co me
All program income directly derived from th e Arapahoe Coun t~ Co mmunit y Deve lopment Bl ock
Grant Program received by the SubGrantee will be retained by th e SubGrantee and will be
di spersed for its ap proved CDB G Project activities befo re additional CDBG funds are requested
from th e Co un ty. If the proj ec t ceases to exist, all program income and any out standin g loan s
directly generated from the use of CDBG fund s will be rem itted to the Cou nty. Th r. agreement sha ll
remain in effect durin g any period that the SubGrant ee has co ntrol over CDBG fund s, including
program in come .
M. Real Pro perty
Real pro perty acq uired in whole or in part with CDBG funds shall he ut ilized in acco rdan ce with
th e scope and goals identified in Secti ons I and II of thi s Agreement. Should the property in
question be sold or otherwi se dispo sed of, or th e ap proved property usage discontinued, th e
SubGrant ee shall ad here to the req uirem ent s of24 CFR Parts 84 or 85 (as app li cable) regarding the
use and di spo sit ion of real property .
N. Stut e a nd Count)' Law Co mpli ance
All respon si bilities of the SubGrant cc enumerated herein shall be subj ect 10 ap pli cab le tate
statu tes and Co unty ord in ances, reso lut ions, ru les, and regulati ons.
0. Sub co nt rac ts
If subcontrncts are used on the Project , th e SubG ra nl ce ab>rCCS lhal the provi sions of thi s Agreement
shall apply to ony subcon tra ct.
P. Suspen s io n or Termin ati on
·n,is Agreement ma y be im mediately suspended or tenninalc'Ci upon wri nen not ifi ca ti on from the
County if lhe Su bGra nl ee mat eria ll y fails 10 co mp ly wilh any lenn of thi s Agreeme nt . 171is
Ai,>rccmcnt may also be tem1 inat ed for convenience by mutu al agreement of th e Co unty and the
SubGra nt cc.
Q. In the event that the Uni t of Gen eral Local Government shou ld wilhdruw from th e Cou nt y's
"Urban Co unt y" designat ion , U1i s Agreement shall tenni nat e as of the 1em1inm ion dale of th e
Co unt y's CDBG gra nt A1,>reemen t with HUD .
R. The Sub Grn nt ce ce11ifies that lo lh e best of its knowledge and bel ief:
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I. No Federal ap pro pria ted fu nd s ha ve been paid or will be paid , by or on behalf of it, •
to any person for influencing or att em pting to influ ence an officer or empl oyee of
any agency, a Member of Congress , an office r or empl oyee of Congress, or an
emp loyee of a Member of Co ngress in connect ion with th e awardin g of an y Federal
co ntract, th e making of any Fed'!ra l grant, the maki ng of any Federa l loan , th e
entering in to of any coo perative agreement , and th e ex tensio n, contin uati on.
renewa l, amendment, or modifi ca tion of any Federal contra ct , grant, loan, or
coopera tive agree ment ; and,
2. If any funds other th an Federal ap pro pria ted fun ds ha ve been paid or wi ll be pai d to
any person fo r in flu encing or ancmptin g to in flu ence an officer or em pl oyee of any
agency, a Member of Co ngress , an officer or empl oyee of Congress , or an empl oyee
of a Member of Co ngress in co nn ection with this Fed eral co ntra ct, grant , loan , or
coo perat ive agreement, it will co mplete and subm it Stand ard Form-LL L,
"Disclos ure Form to Repo n Lo bbyi ng," in accordance with its in stru ctions.
S. Di sa llowance
!f it is determ in ed by HUD or oth er federal age ncy that the expe nditu re, in whole or in pan , for th e
SubGrantee's Project or acti vity was improper, in ap propri ate or in eligibl e fo r reim burse men t, then
th e S·JbGrantee shall reimburse the Co un ty to th e full extent of th e di sa ll owance.
T. Ver ification of Lawful Presence
Trc SubGrant ee shall be respo nsibl e for ensuri ng co m(;ance wi th C.R.S. Secti on 24-76.5-103 by
verifying th e law ful presence of ali persons eigh teen years of age or older who app ly for any
bene .,s funded in whole or in pa n by the grant fund s that are th e subject of this Agreement .
SubGrantee sha ll verify lawfu l presence in th e mann er requ ired by the statu te, and sha ll provide
pro of of co mpliance upon the request of th e Co unt y.
IV. RESPONSIBILITIES OF THE COU TY
A. Ad mini str:i tive Co nt ro l
The Pa11ies recognize and un derstand th at the Cou nt y will be the gove mme nt al enti1 y re~uired to
execu te all gran t agreement s received from HUD pursuant to th e Co un ty's requ ests for CD BG
fu nds. Acco rdin gly, the u~Grunt ee a1,>rees th at as to its projec ts or acti vities perfonncd or
co nducted under an y CDBG agreement , th e Co un ty shall have the necessary administrativ e contro l
required to meet HUD requirement s. ·
B. Perform anc e and Compliance Monitoring
The Co unty's administra ti ve ob li ga tion s to the SubGran tee pursuant to paragrap h A above shall he
limited to the performance of the administrat ive task s necessary to mak e CDBG funds available to
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the SubGrantee and to provide Housing and Commun ity Development Services sta ff who se job it
will be to monitor the various proj ects funded with CDBG monies to monitor co mplian ce with
applicabl e Federal laws and regu lations.
C. Reporting to HUD
The County will be responsible for seei ng that all necessary reports and information required of the
County are fi led with HUD and other app licabl e Federal agencies in a timely fashion .
V. E"-'TENT OF THE AGREEMENT
VI.
This agreement, including any documents attached as exhibits which are hereby incorporated herein
by reference, represents th e entire and integrated agreement between the County, and SubGrantee
and supersedes all prior negotiation s, representations or agreements, either written or oral. Any
amendments to thi s agreement must be in writing and signed by both the County, and SubGrantee.
If any portion of thi s agreement is found by a court of competent jurisdiction to he void and/or
unenforceable , it is the intent of the parties that the remaining portions of thi s agreement shall be of
full force and effect.
NOTICES
Notices to be provided under this Agreement shall be given in writing and either delivered by hand
or depo sited in the United States mail with sufficient po stage to th e addresses set forth :
To the County : Arapahoe Co unty Attorney
5334 S. Prince Street
Littleton, CO 80 166
and
Arapahoe Co unty Housing and Co~_'l1._,~;ty Development Services
1690 W. Littleton Blvd., #300
Lill lcton, CO 80 120-2069
To the Sub Grantee : City of En glewood
I 000 Englewood Parkw ay
Englewood, CO 80 I I 0
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In Witness Whereof, th e Parti es have ca usr.d thi s Agreement to be dul y execu ted thi s _____ day
of ____________ ,20 10.
SubGrant ee: City of Englewood
Signature James K. Woodward
____ .Ma yor _____________ _
Titl e
Board of County Co mm issioners
Arapahoe Coun ty, Co lorado
Don Klemm e on beha lf of th e Board of Co un ty Com mi ss ioners
Pursuant to Resol ution # I 0014 0
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Projtcl AdiV1tl u El limaltd Tocal Co11 or CDBGFuads Othtr Funds ComnUt1fd
{1ptdf)•by lln t lte.m) Activity
Projoct adm inistnatlon. incl ud ina 550,000 SS.000 S<I S,000
:,crionnel costS, Lead Based
Palnt 1cstinacosts
Rehabilita tion and handyman $10,000 $<5,000 $25 ,000
l01n,/1:r1 nts
• TOTAL : S1 20,000 $50,000 170.000
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COUNCIL COMMUNI CATION
Date: Age nda Item: Subject:
Se ptember 7, 20 10 11 a i An Emergency Bill i or an Ordir,on e A utho riz in g
Th e Is suance of Gen era l Oblipa ti on riefunding
Bond s Se ries 20 10
Initiated By:
Finan ce and Adminis trative Serv ices Departm ent
I Staff Source:
Frank G ryglewicz, Dir,•ctor
COUNCIL GOAL AND PR EVI OUS COUNCIL ACTION
Ci ty Coun ci l has not formall y taken any ac ti o n rega rdin g th e iss uance of th ese refundin g bonds , but th e
subject was briefly discus sed wi th Ci ty Co unci l at the study session on August 16, 20 10 .
RECOMMENDED ACTION
Staff recomm en ds Council ap prove th e attac hed eme rge ncy bill for an o rdin ance authorizi ng th e iss uan ce
o f General Obli ga tio n Refunding Bo nds. Th e proceeds fr o m th e sal e of th ese bonds .viii be us ed to
refinan ce th e City's Gen eral Obliga tion Bonds, Se,ies 200 1 and 2002 to lower int eres t rates .
Thi s emerge ncy ordinan ce not onl y au th or izes th e iss uance of th e bond!>, but also es tab li shes an escro\\
account fo r refunding the ex isting b o nds, presc rib es th e form of th e bonds (book en try), pl edges th e full
fai th and credit o f th e Ci ty of Englewood for the repa ym en t o f the b ond s fr o m any and all so urces ava il able
to th e Ci ty, an d oth er detail s and approv ing cl oc w11 ents in co nn ecti on with th e bo nds .
BACKGROUND , ANALYS IS, AND ALTERNATIVES IDENTIFIED
In 200 1, th e voters of th e Ci ty o f Englewood approved th e issuan ce of S 12.8 mi ll io n in ge nera l o bligat ion
b onds . Th e City of Englewood use d the b o nd pr ceed s fo r improve, .i ents to th e Mall ey Ce nt er, Rec reati on
Cen ter, and co nstru ction of the Pirates Cove Fa rnil Aqua tic Cen ter.
City staff bel ieves it is in th e bes t int eren of th e City to refinan c th is debt 10 lower int eres t ra tes. Thi s wi ll
reduce deb t service pay ment s and rec:bce th e tax burd en on ci tizens . On a doll ar cos t ba sis th is 1,,vill sav e
th e citizens approx imat ely $500,000 in d ebt service costs ove r th e life of th e reftmdi ng bonds.
Thi s bi ll for an ordinance is being pa sse d by emerge ncy o rdin an ce so th e b onds ca n be iss ued as qu ick ly as
possibl e to redu ce th e possi bility of in creased int eres t rates as we ll as poss ibl~, ind ucing mor inves t Jr
interes t in pu rchasin g th e bond s. Th e ordin an ce requir es th at th e refina nci ng produ ce savin gs of at ea st
$400,000 after pa •rn nt o f all ex p enses. Seco nd and fina l rea ding of th is b ill fo r o rdinan ce w ill b e
Sept ember 20, 20 10 .
FINANCIAL IMPACT
Thi s ac ti on should not ha ve a di rect imp act on th e City 's fi nancia l conditi on, as th e debt serv ice
requ irements are funded by property taxes decli cated to repayi ng the de bt but it will redu ce th e amount of
taxes th e ci tiz ens of Englewood will pay.
UST OF ATTACHMENTS
Proposed Emerge ncy Bill fo r an Or dina nce
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ORD INANCE NO.
SERIES OF 2010
BY AUTHORJTY
A BILL FOR
COUNC IL BILL NO. 30
INTRO DUCED BY COUNCIL
MEMBER _____ _
A ORDINANCE OF THE CITY OF ENGLEWOO D AUTHORIZING TH E
ISS UANCE OF GENERAL OBLIGATIO N REFUNDING BONDS , SERIES
2010, TO REFUND THE CITY'S OUTSTANDING GENERAL OBLIG AT ION
BO NDS AT A LOWER INTEREST RATE : r,OVIDING THE FORM OF TH E
BO NDS AN D OTHER DETAILS f:. CONNECT ION THERE WlTH ;
APPROVING DO CUMENTS RELA I'.'. Ju TO THE BONDS AND
DECLARING AN EME RG ENCY.
WITNE S ~E,H .
WHEREAS , the City of Englewoo d, Co loracio i, :l mun ici pal corporati on dul y organ ized
and operating as a home rule city und er Article XX of th e Co nstitution of the Sta te of Co lorado
and the Chaner of th e City (un les s oth erw ise in dicated , capi talized term s used in thi s preambl e
shall have the meanings set fo rth in Section I of thi s Ordinance); and
WHEREA S, pursuant 10 Section I 06 of th e Charter, the City ma y issue refundiu g bond s
by ordinance, witho ut an election , for the purpose o' paying outstandin g bonds of the City; and
WHEREAS, pu rs uant to Arti cle X, Section 20 of the State Co nstitution (TABOR)
refinancin g bonded debt at lower interest rates does not require vo te r approval in advance under
the term s and pro ,isio ns ofT ABOR ; and
WHEREAS, th e Ci1y previously iss ued h ty of Englewood, Co lorado, General
Ob li gation Bond s, Seiies 2001" of whi ch $4 ,000 ,00lJ "' aggreg ate piincipal amount mature on
an d afte r December I , 2012 , a:7 currently outsta ndin g and bear interest at rates berwee n, 4.60%
and 5.10% per annum (the "Refunded Se ries 2001 Bo n,.'s"); and
WHEREAS , the Refunded Series 2001 Bon ds are subject to red empt ion r,rior to maturit y
and the opti on of th e City, in who le or in part , on December I, 201 I upon payment of par plus
accru ed int erest to the redemption date , wi!hout redempt ion premium ; and
WHE REAS , the pri ncipa l of and inte res t on ·:he Refu nd ed Series 200 1 Bond s are payable
at UMB Ban k, n.a. (as successo r in int erest to ,\meri can Na ti onal Bank and Th e Bank of Cherry
Creek , .A.), in Denver , Co lorado , or its succeosor, as payin g agent ; and
WHEREA S, the City I rev ious ly issued its "City of Englewood , Co lorado, General
Ob ligati on Bond s, Series 2002" of which $5,630,000 in aggregate principal amount matu :e on
and after Decem ber I, 20 12, arc currentl y outstand in g and bear inte rest at rates between 3.65%
and 4 .75% per annu m (the "Refu nd ed Series 2002 Bond s"); and
4818-)646-695 1 2
WHEREAS, the Refunded Series 2002 Bond s maturing on and after December I, 2013
are s ubject to redemption prior to maturity and the option of th e City, in whole or in part , on
December I, 2012 upon payment of par plus accrued interest to the redemption date , with out
redempti on premium ; and
WHEREAS , the principal of and in terest on the Refunded Series 2002 Bonds are payable
at UMB Ba;ik , n.a . (as successor in interest to American National Bank and The Bank of Cherry
Creek , A Division of Wes tern National Bank), in Denver, Co lorado , or its successo r, as paying
agent; and
WHEREAS , the Stifel, Nicolaus & Company, In corporated , of Denver , Colorado, has
pres ented a proposal to the City to advan :? refund the Refunded Series 200 1 Bon ds and the
Refunded Series 2002 Bond s through the iss1.mce of the City's Genera l Ob li gation Refundi ng
Bonds, Series 20 I 0, and the Co un cil has determ'ned that the negotiated sale of th e Bonds to sa id
company is to the best advantage of the City; and
WHEREAS, net proceeds derived from the sale of the Bonds , together with other legally
avai lab le funds of the City if neces sary, will be irrevocably deposited with the Bank and pl aced
into a spec ial fund and tru st acco un t for th e purpose only of paying the principal of and in terest
due and payable on th e Refunded Bonds on and prior to tl1e Call Date ; and
WHEREAS, th e City has received and there are available to the members of the Co un cil ,
forms of the Preliminary Official Statement, the Bond Purchase Agreement , the Escrow
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Agreement and the Paying Agent Agreeme nt; and •
ViHEREAS, the Co uncil desires to au thvri ze th e issuance and sale of the Bond s and, as
provided in Titl e 11 , Article 57, Part 2, Co lorado Revised Statutes, delegate authority to the Sale
Dele ga te to make certa in determin ation s regardin g th e Band s to be set forth in the Sale
Certificate in accordance with th e provisions of thi s Ordinan ce.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Sec tion I. De fi nition s. Th e fo ll owi ng terms shall have th e fo ll owi ng meanin gs as used
in thi s Ordinan ce:
"Act" means Part 2 of Articl e 57 of Title 11 , Co lorad o Revised Statutes, or any successor
st ltutcs theret o.
"Ba llot Issu e Authorization" means the bond ba ll ot issue approved by a maj orit y of the
City 's electors at th e election held Novemb er 6, 200 I , and pursuant to whi ch, in addit ion to other
bo nd iss ues, th e Refunded Bonds were is sued .
"Bank" means UMB Bank, n.a., a nati"-trnl banking association dul y organ ized and
existin g und er th e law s of the United State of America which has full and complete trusl powers
and is a qualifi ed instin,tion under the Public Deposit Protection Act of the State .
4818-3b46-695 1.2 2
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"Bond Account" means the acco unt es tabli shed by th e prov isions hereof to accou nt for
th e moneys for which a separate tax le vy is made , or legall y avai labl e mone ys are appli ed , to
sat isfy the obligati ons of the Bonds . The Bond Account shall be a sub sidi ary account of the
appropriate fu nd or accou nt of th e Cit y anJ separately accounted for by th e Ci ty in accordance
with the provisions hereof.
"Bond Co ,msef' means (a) as of th e date of iss uance ofti1e Bonds , Kutak Rock LLP , and
(b) as of any othe r date, Kutak Rock LLP or such other attorneys selected by the City with
national ly reco gni zed expertise in the issuance of municipal bond s.
"Bond In surance Policy" means the mu nicipal bond in suran ce policy issued by the Bond
Insurer , if any, in surin g the paym ent when due of tl1e principal of and int ere st on th e Bonds as
prov ided th erein .
"Bond lll su rer" means enti ty, if an y, des ign ated in th e Sale Certifica te which is to iss ue
th e Bond lnsurance Poli cy .
"Bond Obligation" mean s, as of any date , the prin cipal am ount of tl1e Bond s Outstanding
as of such dat e.
"Bond Purchase Agrecmem" means th e Bond Purch ase Agreement , pursuant to which th e
Cit y is to agree to sell and th e Und erwriter is to agree to purchase th e Bond s a, tl1e prices an d on
the term s set forth th ere in .
"Bon d.," and "Seri es 2010 Bonds" means th e Bonds auth orized by the Sect ion hereof
ti tl ed "Auth orization and Purpo se of Bon ds."
"Business Day" means any da y oth er th an (a) a Sa turd ay or Sunday or (b) a day on whi ch
banki ng in stitut ions in the Stat e are auth ri z,.d or obligated by la w or exec uti ve order Iv be
closed for busi ness . ·
"Chart er" means th e home rule Charter of th e City.
"Ca ll Da re" means the date or dates on which th e Refu nd ed Bo nd s shall be ca ll ed for
opti onal pri or redempti on as establ is hed in th e Sa le Certificate.
"Ciry," means the Ci ty of Englewood , Co lorado, and any su cces sor tl1ere1 0.
"Code" means the Intern al Revenue Code of 1986, as ame nded . Each referen ce to a
section of th e Code here in shall be deem ed to includ e the Uni ted States Tren,ury Regu lati ons
proposed or in effect tl1 erew1d er and appli cab le to the Bond s or the use of proceed s therenf,
unless th e co nt ex t clearl y requi res otl1 erwi se.
"Co mmitm em ' mean s that certain offer, if any, to issue th e Bon d In surance Po li cy is sued
by th e Bond Insurer.
"Co1111cir ' means the Ci ty Co uncil of the Cit y .
4816-?646-6951.2
"Coun ty" means Ara pah oe County, Co lorado .
"Dated Date" means th e origi nal dated date for the Bonds as establi shed in the Sa le
Certificate.
"Defeasance Securiries" means bills , certifica tes of ind eb ted ness , not es , bon ds or si mil ar
securities wh ich are dir ect, non cal labl e ob li gatio ns of th e United States of America or which are
full y and un co nditionall y guaranteed as to the timel y payment of prin cipal and interest by tl1e
United States of Am erica , to th e extent such in ves tments are Pennitted Investments .
"DTC' means The Deposi tory Trus t Company, New York , New York , and its succe.•'-0!;
in interes t and a.ss igns.
"DTC Blanket Le11er of Representations" means the letter of representation s from the
Cit y to OTC to induc e DTC to act as secu..;ties depository for the Bond s.
"Escrow Accoun t" mean s, in conn ection with the Bond s, th e account es tablished and
designated as such in the section hereof entitled "Escrow Account; Payment of Refunded Bon ds"
to be maintained by the Bank in accord a11ce wi th th e Escrow Agreement and the prov isions
hereof.
"Escrow Agreement" means th e Escrow Agreement dated as of the Dat ed D11re, b'• ween
the Cit y and th e Bank.
"Event of D~(a ult" means any of th e events specified in th e Section hereof ti tleu "': Jents
of Default ."
"Int erest Payment Da te" means each Jun e I and Decemb er 1, commencing Decemb er 1,
20 10, or such other date s as estab li shed in th e Sale Certifi cate fo r paymen t of interes t on the
Bond s.
"Official Statement" means th e final Officia l St atem ent relati ng to tl1e Bond s.
"Ordin ance" means thi s Ordinance, includin g any amendm ents or supplem ents hereto.
"Outs ta nding" means, as of any date , all Bond s issued and delivered by the City, exce pt
th e fo ll ow in g:
(a) any Bond cancell ed by th e City or th e Payir.i: Agent , or othe rwisr on the
City's behalf, at or before such date ;
(b) an y Bond held by or on behalf of th e City;
I c) any Bond fo r th e payment or the redemption of which moneys or
Defea si nee Sec uri ties sufficie nt 11.l meet all of th e payment req ui rements of the prin ci pal
of, prenli um , if any , and :nterest on su ch Bond to th e date of maturi ty or prior redemption
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thereof, ;ball have theretofore bee n depc,s ited in tru st fo r such purpo se in accordance with •
th e Secti.)n hereof titled "Defeasancc": and
4818-364 6~95 1.2 4
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(d) any lo st, apparently destroyed, or wrongfully taken Bond in lieu of or in
substitution for which another bond or other sec urity shall ha ve been executed and
delivered .
"Owner" mean s the Person or Persons in who se name or names a Bond is registered on
the registration books ma;•,•ained by the Paying Agent pursuant hereto .
"Paying Agent" means th e Bank an ci i,, s;;~c:essors in interest or assigns approved by the
City.
"Paying Agent Agreemen t" means an agreerne.., t>etwc-en the C:ty and the Payi ng Agent
concerning th e duties and obli gations of the Paying A.gent with respect to the Bonds.
"Permitted Investments" means an y inv e~tm ent in which fu nd s of the City may be
invested under th e Charter and the laws of the f.tate at th e time of such inv estment.
"Person" n,eans a corporation, fim 1, other bod y corpora te, partnership , association or
individual and also includes an executor, administrator , trustee, receiver or other representative
appointed according to law.
"Preliminary Official Statement" means th e Preliminary Official Statement prepared in
connection with the sale and issuance of th e Bond s .
"Prin cipal Payment Date" means December I, or such othe r date or dates of each year as
est ablished in the Sale Certificate for payment of principal of the Bonds .
"Record Date" means, if the Interes t Payment Dat e is on the first da y of th e month , th e
fifteenth day of e month immediately preceding th e month (whether or not such da y is a
Business Day) in which such Interest Payment Date occurs and , if th e Interest Payment Date is
on th e fifteenth da y of the mon th, the first day of the month (whether or not such day is a
Business Day) in which such Interest Paymen t Date occurs.
"Refunded Bond R"quirements" means the princi pal and interest du e in co nn ection wi th
the Refu nded Se ri es 2001 Bond s and the Refunded Series 2002 Bonds until paid and cancelled in
accordanc e with their ierms or ca ll ed for redemption , paid and cancelled on the Ca ll Date.
"Refunded Bond Ordinance" mean; th~ ord in ance or ordi nances of the City authorizi ng
the is~uance of th e Refunded Bonds .
"Refunded Bonds" means the Refund ed Series 2001 Bond s and tl1e Refunded Series 2002
Bonds , as later determined by th e Sale Delegate and identified in the Sa le Ce 1ficate as the
Refu nded Bond s.
"Refunded Bonds Paying Agent" mean s UN'B Bank , n.a. (as successor in interest to
American National Bank and The Bank of Cherry Creek, N.A. and 11ie Bank of Cherry Creek , a
division of Western Natio nal Bank), in Denve,, Colorado , as paying ager.I for th e Refunded
Bonds , or any successor thereto.
◄818-3646~<>5l .2
"Refunded Series 2001 Bonds" means the City of Englewood General Obligation Bonds, •
Series 2001 , maturing on and after December 1, 20 12.
"Refunded Series 2002 Bonds" mean s the Ci ty of Englew ood General Obligati on Bond s,
Series 2002 , maturi ng on and after December 1, 2012.
"R efunding Project" means th e advance re fu nding of the Refunded Bond s and th e
payment of the costs of issuance of the Bonds.
"Sa !e Certificate" mean s th e certi ficat e executed by the Sale Delegate under th e auth ority
del egated pursuant to this Ordinance , including but not li mited to the Sections hereo f titled
"Bond Detail s," "Redempti on of Bonds Pri or to Malluity", "Escrow Acco un t; Payment of
Refunded Bonds," "Approval of Related Documents" and "Bond Insurance Detennination "
which set forth , among other things , th e rate of interest on the Bonds, the conditions on which
and the prices at which Lie Bonds may be redeem ed before maturity, the price at which the
Bonds will be so ld, the Dated Date, the amount of prin cipal maturing in an y particul cr year, the
dat es on wtuch principal and interest will be paid , the Refunded Bonds to be included in the
Refunding Project , the Call Date for the Refunded Bond s, whether or not the Bonds will be
secured by the Bond Insuran ce Policy and the term s of an y agreement with the Bund insu rer if a
Commitment is accepted regarding the Bond s.
"Sale Delegate" mean s the Director of Finance and Administrative Services of the Ci ty
or, in the event such person is unavai lable , lhe City Man ager.
"State" mean s the State of Colorado.
"Tax letter of l nstro ctio1,s" mean s the Tax Letter of lnsu·ucti ons , dated the date on wl u~h
th e Bond s are original ly iss ued and deli vered to th e City by Bond Counsel , as such instru ctions
may be superseded or amended in accordance with their terms.
"Undenvnter" means Stifel , Nicolaus & Com pan y, Incorporated, of Denver, Co lorado .
Section 2. Authorization and Purpose of Bonds . Pursuant to and in accordance with
the Act and th e Charter , the City hereby authori zes , and directs that th ere shall be iss ued , tl1 e
"City of Englewood , Colorado , Gen eral Obli gati on Refunding Bonds , Series 201 O" for ih
purpose of providing fund s for the Re fundin g Project. The caption for the Bonds also shall
include "Series 2010 Bonds" or "Seri es 20 11 Bond s" dependin g on the actual da te of iss uan ce of
th e Bond s
Sc,;tion 3. liond Details .
(a) R egisrercd Form , Denominations, Dated Date and N umbering. The
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Bond s shall be issued in full y regi stered form , sh all be dated as of the Dated Date, and
shall be registered in •he nam es of th e Perso ns identified in the re gistration books
maintained by the Payi ng Agent pursuant hereto . The Bond s shall be iss ued in
denomi natio ns 01 ! '\ .0 ,i) in principal amount or an y integral multipl e thereof. Th e Bonds
shall be consecutivel y numbered , begi nnin g with th e number one , preceded by th e lett er •
"R ."
4818-364 6-6951 .2 6
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(b) Maturity Dates, Pri11cipal A mounts and Interest Rates. The Bonds shall
mature on the Principal Payment Date of the years and in th e pri nc ip al amounts, and shall
bear interest at the rates per annum (calculated based on a 360-day year of twelve 30 -da y
months) set forth in th e Sale Certificate .
(c) Accrual and Dates of Paym ellt of Interest. Interest on the Bonds shall
accrue at th e rates set fo rth in th e Sa le Certificate from th e later of the Dated Dat e or the
latest. lnt~rest Payme nt Date (o r in th e case of defaulted interest, the latest date) to which
interest has been paid in fu ll and shall be payabl e on each lnt eres t Payme nt Date .
(d) Delegation for Sale s Certificate. The Counc il hereby de legates to the
Sale Delegate for a period of six month s from the dat e of adoption of thi s Ordi nance the
following (which shall be set forth in the Sale Certificate for th e Bond s):
(i) the Dated Date of the Bonds ;
(ii ) the Principal Payment Date ;
(iii ) the Interest Payment Date;
(iv) th e aggrega te principal amount of the Bond s;
(v) the price at which th e Bond s will be sold pursuant to the Bond
Purchase Agreement ;
(vi) the am ount of princip al of the Bond s maturin g in any particular
yea r and the respective interest rat es borne by the Bond s;
(v ii) the Bond s whi ch ma y be redeemed at th e option of the Dis tri ct , the
date s upon wh ich such optio nal redemption may occur, and th e prices at which
such Bond s may be optionally red eemed ; and
(vi ii ) th e principal amounts, if an y, of Bond s subj ect to mandatory
sinkin g fund redempti on and the years in whi ch such Bond s will be subject to
such redemption.
(e) Sale Parameters . The authority delegated to the Sale Delegate by thi s
Sectio n shall be subj ect to the fo ll owing parameters:
(i) the aggregate prin cipal amou nt of the Bond s shall not exceed
$10,750 ,000 ;
(ii ) th e final maturity of th e Bonds sha ll be no later than December 31 ,
2025 ;
(iii) th e net effective interest rnte on th e Bond s shall not exceed 3.75 %;
481S-364 6·695 1.2
(iv) the maximum annu al acbt service on th e Bond s, wt .. o com bined •
wi th th e an nu al debt servic e for 'lth er outstandi ng ge nera l ob li ga ti on br,nd 1 iss ued
pursuant to, or represent ing general nbligation bo nd s refun din g bond s iss ued
pursuant to, th e Ball ot Issue Auth ori :taJvn shall not ex ceed $1,300 ,00 ; .md
(v) th e pr esent vnlu r ~n\'i ngs ns a percentage of th e aggregate ;'ri!l ci ea l
amo unt of the Refu nd ed Bonds shall be at least three percent (3°,,, r,ntn puted
based upon th e arbitrage yie ld for such series of Bond s to th e date ot dd ivcry of
the Bond s, ass uming semi -annual co mpoundin g.
(f) Ma1111 er a11d Form of Paym e11t. Prin ci pal of ea r h Bond shall be pa yabl e
to the Ow ner thereof upon pres ent ation and surrender of such Bond at th e princ ,pal offic e
of th Paying Agent in th e cit y id entifi ed in the definitio n of Paying Agen t in :h,-ectio n
hereof ti tl ed "Defi nition s" or at such otl1 e1 offi ce of th e Payi ng Agent designat by th e
Payi ng Age nt for suc h purpose. Interes t on each Bond shall be pa yab le by ch er,k or draft
of th e Payin g Agen t mail ed on each Interest Payment Dat e to th e Owner th eriwf as of th e
close f bu siness on the corr es pondin g Re cord Date ; provided th at interes t peyablc to any
Owner may be paid by any other means agreed to by such Ow ner and the Pa}'ing Age nt
that does not require the City to mak e moneys avai lable to th e Paying Age nt earl ier than
oth erw ise required hereund er or in crease the costs borne by the City hereunder . All
payment s of th e prm cl pal of anc! interest on the Bond s shall be made in lawfu l money of
th e Unit ed Stat es of America.
(g) Book-E11t~1 • Registration . No twithstandin g an y otl1 er prov ision hereof. •
th e Bond s shall be deli vered onl y in bouk entry fo nn reb,istered in th e name of Cede &
Co., as nomin ee of DTC, ac tin g as securities depos it ory of th e Bonds and principal of
and int erest on th e Bond s shall be paid by wire tran sfer to DTC; provid ed , however, if at
any tim e 01 e Payin g Agent detennines, and notifies the Cit y o f its determin ati on, th at
OTC is 110 longer able to act as , or is no longer sati sfac tori ly perfo rmin g its dut ies as ,
securities depo sit ory for th e Bond s, the Paying Agent ma y, at it s di screti on, either
(i) designat e a sub sti tut e securities dep os itory for DTC and reregi stcr tre Bond s as
di rected by such sub stitut e securities depos it ory: or (ii ) termi na te the boo k entry
regis trati on sys tem and rere gister the Bond s in th e names of th e benefi cial own ers thereof
prov ided to it by DT C. Neither th e Cit y nor the Payin g Age nt shall have an y liability to
DTC , Cede & Co .. any subs titut e sec uriti es depos it ory, any Person in whose nam e th e
B nds are reregistered at 1.iie dire cti on of any sub stitute se curit i · depository , an y
bene fi cial owner of the Bonds or any oth er Perso n for (A) any detenni nati on made by th e
Payin g Agent pursuant to th e provi so at th e end of th e immediat e ly preced ing sen tence or
(B) any acti on taken to implem ent such detenninati on and th e procedu res re lat ed thereto
that is taken pursuant to any direc tion of or in reli ance on any in fo nnati on provided by
DTC, Cede & Co ., any sub stitute securiti es depos it ory or an y Person in whose nam e the
Bond s arc reregis tered .
Section 4. Redemption of Bond s Prior to Maturity.
(a) Optin11a/ Reclemptio11 . The Bond s shall be subj ect to redemp ti on at th e •
opti on of the Ci ty, in who le or in part , and if in part in such order of marurit ies as the City
48 \8 -364 6-69 51 .2
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shall detennin e and by lot wi thin a maturity on such dates as se t fo rth in th e Sale
Certifi cate. Th e Co un cil hereb y delegates to th e Sa le Delegate th e auth ori ty to detennin e
th e da tes on which th e Bonds shall be subject to optional rede mp h n and th e redemption
price or pri ces at whi ch such red empti on may be made.
(b) I\Ja11dato~1 • Si11ki11 g Fu11 d Redemptio11 . All or an y pri nci pal amount of
the Bond s may be subj ec t to mand atory sinkin g fund redempti on by b t on the Prin cip al
Payment Date of the years and in the pri ncip al am oun ts spec ifie d in th e Sale Certifi cate,
at a redem pti on price equ al to tl1 e prin cip al amo un t tl1 ereof (w ith no redempti on
premium ), plu s accrued interest to the red emp tio n date . Th e Co un cil hereby delegates to
th e Sa le Delega te th e auth ority to detenni ne th e prin cipa l am ounts and dates on whi ch th e
Bonds shall be subj ect to mand atory sinki ng fu nd red empti on.
(c) R edemptio 11 Procetlurcs. Noti ce of an y redemption of Bond s shall be
gi ven by th e Pa yin g Agent in th e nan1 e of th e City by sending a co py of such notic e by
fi rst cl ass , pos tage prepaid mail , not more than 60 days nor less than 30 days prior to the
red emption date , to th e Own er of each Bond bei n~ redeemed . Such notice shall specify
th e ~umb er or numb ers of th e Bond s so to be redeemed (if redemp ti on shall be in part)
ru . die red empti on date. If an y Bond shall have been dul y call ed fo r redempti on and if,
on or befor e th e rede mpti on date. th ere shall have been depos ited with th e Payi ng Agent
in accordan ce with th is Ordinan ce fu nd s suffi ci ent to pay th e redemp tion pri ce of such
Bond on th e red emp tion dat e, tl1en su ch Bond shall beco me du e and pa ya ble at such
redemp tion date, and from an d aft er suci ; cste interes t will cease to accru e thereo n .
Fail ure to deliver any redempt io n notice or a.ny <l :-fc.ct in any redempti on notice shall not
affect the validity of the pro ceedi ng for th e red emption of Bo nds with respect to whi ch
such fa ilure or defec t did not occur. Any Bont1 red eemed prio r to it s matu ri ty by pri or
redemp tion or otherw ise shall n,>t be reiss ued and shall be can ce ll ed.
Sec tio n 5. Sec uri ty fo r th e Bond s.
(a) Ge11 erul Ohliga ti o11 s. l11 e Bonds shati he gen era l obli ga ti ons of th e Cit y
and th e full fa ith ru1d cred it of the Ciry are pled ~e<l for •.he p1m ctual payment of th e
prin cipu l of and int erest on th e Bor.d s. Th e Bonds shall 001 co nsti tu te a debt or
ind eb tedn ess of t~e County, the St ate or an y politi cal subdi visi•Jll uf the tale oth er than
th e City.
(b ) Le1•J of Ad Va lorem Taxe>'. For th e pu rpose of paying th e prin cipa l of
and interest on the Bonds when due, respectivel y, the Co uncil shall annu all y detennin e
and ce rti fy to th e Board of Co unt y Co mmiss ioners of the Co unt y, a ra te of lev y for
~encra l ad va lorem taxes, wi th out lim itati 01; us to ra te or amount , on oil of th e taxabl e
prop ert y in the Cit y, ;uffic ient to pa y the pri ncipal of and int eres t on th e d onds w,"''' due,
respective ly, whether ni ma tu ri ty or upo n ear lier rede mpti on.
(c) App li cario11 of Pro cee ds of A d Va/orem T,u-es. The gcneru l ad va lorem
taxes le••ied pu rsuant to subsecti on (b) of tl1i s Sec ti on. when co ll ected, sha ll be depo sited
in th e Bond Account and shall be ap plied so lelv to tl1e pa)1n ent of th e prin cip al of and
48\S-3646-695 1 :!
interest on the Bonds and for no other purpose until the Bonds, including principal and •
interest , are fully paid , satisfied and discharged .
(d) Appropriation and Budgeting of Proceeds of Ad Va/orem Taxes .
Moneys received from the general ad valorem taxe s levied pursuant to subsi:ction (b) of
this Section in an amount sufficient to pay the principal of and interest cm the Bonds
when due, respecti vely , are hereby appropriated for that purpose , and all amounts
required to pay the principal of and interest on the Bonds due, respectivel y, in each year
sh ell be included in the annual budget and appropriation ordinance to be adopted and
passed by the Coun cil for such year.
(e) Use or Advance of Other Legally Available Moneys. Nothing herein shall
be interpreted to prohibit or limit the ability of the City to use legally available moneys
from the operation of its water system to pay all or any portion of the principal of or
interest on the Bonds. If and to the extent such other legally available moneys are used to
pay the principal of or interest on the Bonds, the City ma y, but shnll not be required to ,
(i) reduce the amount of taxes levied for such purpose pursuant tc subsection (b) of this
Section or (ii) use proceeds of taxes levied pursuant to sub section (b) of this Section to
reimburse tJ-.e fund or account from which such other legally avai labl e moneys are
withdrawn for the amount withdrawn from such fur.a or •~~~unt to pay thr principal of or
interest on the Bonds. If the City selects altem ,.tive (ii) in the :!!''!:.:diately preceding
sentence, the taxes levied pursuant to subsection (b) of this ~1ection shal l include amounts
sufficient to fund the reimbursement.
(f) Certification to County Commissio ,:ers. It is hereby declared that, if the
City does not otherwise determine and certify to the Board of County Comm is sion ers of
the County a rate of levy for general ad valorem property taxes as required by
sub section (b) of this Section , the foregoing provis ion s of thi s S~tion shall constitute a
certifica te from the Council to the Board of County Corr.missicners of the Cou nty
showing the aggregate amount of ad valorem taxes to be !evied by the Board of County
Commissio ners of th e County from time to time, as required by law , for the purp ose of
paying the principal of and interest on the Bonds when due.
(g) Deposit of Moneys to Pay Bonds with, and Pay:11ent of Bonris by Paying
Agent. No later than three Business Days immediately pr ecedi ng each elate on which a
payment of prin cip al of or interest on the Bond s is due , the City, from moneys in the
Bond Account, shall deposit moneys with the Paymg Agent in an amount sufficient to
pa y the principal of and interest on the Bonds due on such date . The Paying Agent shall
use the moneys so dep os ited with it to pay the principal of and interest on the Bond s
when due .
Section 6. Form of Bonds . The Bond s shall be in substantially the form set forth in
Appendix A hereto with such changes thereto , not inconsistent herewith , as ma y be necessary or
desirable and approved b}' the offic ial s of the City executing th e same (whose manual or
facsimile signatures thereon shall constitute concl usive evidence of such approval). All
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covenants , statements , representations and agreements contained in the Bond~ are hereby •
approved and ad opted as th e co venants, statements, representati ons and agreem ent s ol the City.
4818-3646-695 1.2 10
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Altho ugh attached as appendices for the convenience of the reader, Appendix A is an integral
part of this Ordinance and are incorpo rated herein as if set forth in full in the body of thi s
Ordinance.
Secti on 7. Exec ution of Bond s. The Bonds shall be executed in th e nar.1e and on behalf
of the City with the manual or facsimi le signarure of the Mayor, shall bear a manua l or facs imile
of the seal of the City and shall be anes ted by the manual or facsimile signarure of the City Clerk
of the Council , all of whom are hereby authc:-ized and directed to prepare and exec ute the Bonds
in accordance with the req ui rements hereof. Shoul d any officer whose manual or facsimi le
signarure appears on the Bond s ceas e to be such officer before delivery of an y Bond , such
manual or facsimi le signature shall nevertheless be vali d and suffic ient for all purposes . When
th e Bonds have been duly exec ut ed , the officers of the City are authorized to, an d shall , deliver
th e Bo nds to the Paying Agent for authentication . No Bond shal l be secured by or ti tl ed to the
benefit of thi s Ordinance, or shall be valid or obligatory for any purpose , unl ess the certificate of
auth entication of th e Paying Agent has been man ual ly exec uted by an autho rized sign atory of the
Payi ng Agent. Th e exec uted certifica te of auth entication of th e Payi ng Agent upon any Bond
shall be co nclusive evid ence , an d th e onl y competent evi dence , that such Bon d has been proµer ly
authenticated and de li vered hereund er.
Section 8. Registration of Bond s in Regi stration Books Maintained by Pa ying
A gent. The Paying Age nt shall mai nu registration books in whi ch th e ownershi p, transfer and
exchange of Bonds shall be record ed. " '.ll perso n in whose name any Bond shal l be regis tered
on such registration book shal l be dee;-,,•d to be th e absol ute owner th ereof for all purposes,
whethP.r or not payment on any Bo nd sha.1 be overd ue, and neither th e City nor th e Payi ng Agent
shall be affec ted by any notice or other info rm atio n to the co ntrary.
Section 9. Transfer and Exchange of Bond s. The bonds may be transferred or
exchanged at th e princi pal office of th e Paying Agent in the city identified in the de fi niti on of
Paying Agent in the Section hereof ti tled "Defi nitio ns" or at such other office of the Payi ng
Agent designated by the Payi ng Agent for such purpose fo r a like aggregate principal am ount of
Bond s of othe r au thorized denomina tions of the same mat urity and int erest rate, upon payment
by th e transferee of a reaso nab le transfer fee estab li shed by the Paying Agent , together with any
tax or governme nta l charge retJ uired to be paid with respect to such transfer or exchange and any
cost of printing bo nds in connec tion therewi th. Upon surrender for transfer of any Bond, dul y
endorsec for transfer or accompan ied by an assignment duly exec uted by tl1e Owner or his or her
attorn ey du ly au th orized in wri ting, th e Ci ty shall exec ute and the Paying Agent sha ll
authenticate and deliver in tl1e name of the transferee a new Bond. Notwithstanding an y other
pn, :!sion hereof, the Paying Agent sha ll not be req uired to transfer any Bond (i) which is
sched uit...• to be redeemed in who le or in part between the Business D.j immedia tely preceding
the mai li ng of the notice of redemption and th e redemption date or (ii) between the Record Da te
for an y Interest Payment Da te and such In terest Payment Da te.
Sec tion 10 . Replacement of Los t, Destror ed or Stolen Bond s. If any Boncl sha ll
become lost , apparently destroyed , sto len or wrongfull y taken, it may be replaced in the form and
tenN of th e lost , destroyed , stolen or taken Bond and the City shall , xec~te an d the Paying Agen t
sha ll authenticate and deliver a rep laceme nt Bond upon th e Owner fu rni shing, to th e satisfactio n
of th e Pa yi ng Agent: (a) proo f of ownershi p (which shall be shown by the registration book s of
481 S-364 6-6951 2 II
the Paying Age nt ), (b ) proof of loss , destru ctio n or th eft, (c) an indemuity to the City and the •
Paying Agent with respect to the Bond lost, destroyed or taken , and (d) paymen t of the cost of
preparing and executing th t new Bond .
Section 11. Creation of Bond Account ; Funding of Refundin g Proj ec L
(a) Crea tion of Bo nd Account. There is hereby establis hed th e Bond
Account. The foregoing accou nt shall be maintai ned by the Cit y in accordance with the
provisions of thi s Ordinance.
(l:) Funding of Refu11di11 g Project. Upo n payment to th e City of the p urchase
price of th e Bond s in acco rdance with th e Bond Purchase Agreemen t, the Bond s sha ll be
delivered to, or as d:r ed by, the Underwriter and th e proceeds received by th e Cit y
fro m the sale of the Bonds, together with legall y avai lab le mo neys of the City availabl e
for such purp os e, shal be ap plied as a supplem ental appropriation by the Ci ty for the
payment of the costs of iss uance of the Bond s and to th e Escrow Acco un t for payment of
the Refunded Bo nd Requireme nts in accordan ce with th e report of a certified publi c
acco untant as require,1 by the prov isions hereof.
Section 12 . Escrow Acco unt; Pay ment of Refunded Bonds .
(a) E.<ta b/isl,m ent a11d Mai111e11an cc of Escrow Acco11111. Th ere is hereb y
es tablished a specia l acc<'unt design ated as tl1 e "Refundi ng Series 20 IO Bonds Escrow
Acco un t/' whi ch shall be maintain ed in acco rd ance with th e prov isions hereof and of th e
Escrow Agreement . The Es cro w Account shall be maint ained in an amount at th e time of
the ini ti al de posits th erei n and at all times sub seq uen tl y at leas t suffi cient , toge ther with
the kno wn mi ni mum yie ld to be derived from tl1 e imtial investment and an y te mporary
rein ves tm ent of the depu sits the rein or an y part th ereof in Defeasance Se curities to pa y
the Refunded Bond Requirements . Except as ma y be otherwi se provided in the Escrow
A,.,reement , the City shall have no right or title to the mone ys credi ted to or held in th e
Escrow Account, and such title shall be and is hereb y transferr ed to the Bank in trust for
th e payme nt of the Refund ed Bond Req uiremen ts pursuant to tl1e Escrow Agreement .
Moneys shall be wi thdrawn by th e Bank from tl1 e Escrow AcCtJ un t on th e Ca l I Date to
perm it the pa yment wi,!,out defa ult of th e Refunded Bond Requirem ents. If for any
reaso n th e amount in the Escro w Acco unt shall at any tim e be insufficient for the purp ose
hereof, the City sha ll fortl1w ith from th e first mone ys ava il atle therefor depos it in such
acco unt s,;ch addit iona l mon eys as shall be necessary to pcnnit th e payment in fu ll of the
Refunde<i Bo nd Requi rements . The oun eil hc,·cby del ega tes to th e ale Deleg ate the
au th orit y ,o de tenni ne th e Refunded Bond s to be inc 1udcd in the Refund in g Project.
(b) Cu ll of Ref1111 ded Bonds. Subject tO th e issua nce of th e Bond s, th e
Council does hereby de clare it s intent to exercise on beha lf of and in the name of th e City
its op ti on t G redeem or pa y and cancel all of th e Refu nded Bond s on th e Ca ll D~;c , which
is the ~arl iest dat e or dotes on whi ch the Refunded Bonds can be cn llcd and redeem ed .
The •.:ouneil hereby au thori zes th e Sa le Del ega te determin e l~e Ca ll Date and to
irrevoca bl y instruct th e Bank to give or ca use to he given a notic ~ of refundin g,
dcfe,:sa nce and redempt i~n nf th e Refund ed Bonds .
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Section 13. Investments. Proceed s of the Bond s delivered to the City pursuant to the
Section hereof titled "Creation of Acco unts ; Initi al Credits to Acco unts," moneys on deposit in
th•, Bond Account and any moneys held by the Paying Agent with respect to th e Bond s shall be
i:1ves ted in Permitted Investmen ts , prov ided that the in vestment of such moneys shall be subject
to an y app,icable restricti ons set forth in th e Tax Letter of In struction s and in the "Tax
Com pliance Cenificate" or similar cenificate delivered by th e City in co nnection with th e
iss uance of the Bond s that describes the City's expectations regarding the use and in ves tmen1 of
proceeds of the Bond s.
Sectio n 14. Va riou s Findings , Determinations, Declarations and Cove nants. Th e
Co un cil , having been full y informed of and having considered all th e pert;,,ent facts and
circum stances , hereb y finds , determines , declares and covenant s with th e Owners of th e Bonds
th at:
(a ) it is in th e best interest of th e Ci y an d its residents that the Bonds be
au th orized, so ld , is sued and delivered at the time , in the manner and for th e purposes
pro vided in thi s Ordinance ;
(b) t'.c issuance of the Bon ds wi ll not ca~se the City to exceed it s debt limit
und er applicable State law ;
(c) the OTC Blanket Letter of Representatio ns ent ered int o with DTC will
go vern the book entry re gistr ati on sys tem for th e Bond s; and
(d) the is~uance of the Bonds and all pro cedures undertaken in cid ent thereto
are in full compli•nce and co nformity with all ap pli ca bl e requiremen ts, provisions and
li mitation s pr escribed by the Charter, the Co lora do Constitution and law s of th e State .
Section IS. Federal Income Tax Cove nants. For purposes of ensuri ng that th e interest
on the Bond s is and rem ains excluded from gross in co me for federal incom e tax purp oses , th e
City here by covenants Lliat :
(a) Prohibited Action s . Th e City wi ll not use or pennit the use of an y
pro ceed s of the Bond s or any other fond s of th e Cit y from what ever source deri ved ,
directl y or in direct ly, to acqui re an y secuiities or ob li gati ons and shall not take or penni t
to be taken an y oth er act ion or ac tio ns, wt.ich wou ld cau se an y Bond to be an "arbitra ge
bond " within the meanin g of Secti on 14 uf th e Code, or woul d oth erw ise ca use th e
interes t on any Bond to be in cludib le in gross income for federal income tax purpos es.
(b) Affirmati,,e A ction s. TI1e Ci ty will at all times do und pcrfonn all acts
pennitted by law that are necessary in ord er to ass ure thai in1 cres t pai d by th e Cit y on th e
Bond s shall not be in cludibl e in gro ss in come for federa l inco m~ tax purp oses und er th e
Co de or any oL'i er va lid provision of law . In particu lar, but without limi tation , U1e Cit y
represe nts, warrru:ts and covenan ts to comp ly wi th Uie fo ll ow ing rules unless it rece ives
an opinion of Bond Co un sel st ating th at such complian ce is not necessa ry: (i) gro ss
pro ceeds of the Bond s will not he used in a mann er that will cause th e Bonds to be
co nsidered "pri va te activity bond s" wiilii n U,c meani ng of the Code; (ii) th e Bo nd s are not
and will not become direct ly or indire ctl y "federa ll y guaranteed"; and (iii) th e City will
481 8 1646-6951.] 13
timely file an Internal Revenue Service Fonn 8038-G with respect to !ht: Bonds, which •
shall contain the infonnation required to be fi led pursuant to Section 149(e) of the Code.
(c) Tax Lener 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 not limited
by the provisions of the Tax Letter of Instructions regarding the application and
invr.stment of Bond proceeds, 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 in cludible in gross income for federal income \ax
purposes, the City will thereafter comply with the new Tax Letter of Instructions.
(d) Duignation of Bonds as Qullllfied Tax &t Obligations. The City
hereby designates the Bonds as qualified tax exempt obligations within the meaning of
Section 265(b)(3) of the Code. The City covenants that the aggregate face amount of all
tax exempt governmental obligations defined in Section 141 of De Code or qualified
501(c)(3) bonds defined in Section 145 of the Code issued by the City, together with
governmental entities which derive their issuing authority from the City or are subject to
substantial cou~.:>1 by the City, are not expected to be more than $30,000,000 during
calendar year 2010 . The City recognizes that such tax exempt obligations include notes,
leases , loans and warrants , as well as bonds . The City further recognizes that any bank,
thrift institution or other financial institution that owns the Bonds will rely on the City's •
designation of the B•, .ds as qualified tax exempt obligations for the purpose of avoiding
the loSfl of I 00% of any otherwise available interest deduction attributable to such
institution's tax exempt holdings .
Section 16. Defeasance. Any Bond shall no'. 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 th=f (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 no•.ice shall have
been given in accordance with thi1, Ordinance). In computing the amOL"llt of the deposit
described above, the City may inclu,Je !.be maturing principal of and interes, :o be earned on the
Defeasance Securities . If less than tll the £,Jnds dTe to be defeased pursuant to this Section , the
City, in its sole discretion , may sell,ct which of the Bonds shall be defeased .
Notwithstanding anything )1erein to the contrary, in the: event that the Bond Insurance
Policy is issued and principal an u/or interest due on the Bonds is 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 • •idcred paid by the City, and all covenants,
agreements and other obligations of the City to l 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 .
◄8 1 8·]64~95 1 .2 14
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Sec tion 17 . Events of Default. Each of th e fo ll ow in g events co nsti tut es an Event of
Default :
(a) Nonpayme111 of Principal or Imeresr. Fai lure to make an y payment of
prin cipal of or interest on the Bond s when due .
(b) Brea ch or Nonperformance of Duties . Breach by th e Cit y of any materi al
covenant se t forth herein or fai lure by tl1e City to perform any mat eri al du ty imposed on it
hereun der and co ntinuati on of suc h breac h or fa ilure for u pe riod of 60 day s after rccti pt
by th e City Anomey of written notice thereof from th e Payin g Agent or from th e Own ers
of at le ast I 0% of th e aggrega te amount of th e Bond Obliga tion, provided that st ch
60 -d ay peri od shall be ex tended so long as th e City has commenced and co ntinu es a gond
faith effort to remed y such breach or failure .
(c) Bankmprcy or Receivership . Au ord er of decree by a court of competent
juri sd ictio n dec larin g th e City bankrup t un<l federal bankrupt cy law or appoi nting c
receiver of all or an y material portion of th e City's assets or revenue s is entered with tl1 a
co nsent or acquiescence of th e City or is entered without th e consent or acquiesce nce of
the Ci ty but is not vaca ted , di scharged or stay~d within 30 days after it is ent ered .
Se ction 18 . Remedi es for Events of Default.
(a) Rem edies . Upon th e occurr ence and continuance of an y Eve nt of Defa ult,
the Ow ners of not less than 25 % of the aggregate amount of tl1 e Bond Ob li gation ,
inc ludin g, wi t1,1out limitation , a tru stee or trustees therefo r may proce ed against th e Cit y
to prot ec1 wd to enforce the rights of th e any Owne rs unde r thi s Ordinan ce by
mandamus, irJunction or by otl1 cr scit , acti on or special pro ceedin gs in equity or at law,
in any co urt of co mpeten t juri sdi ct ion: (i) for th e payment of int erest on any ins tallm ent
of prin cipal of any Bond that was not pai d when due at the interest rate borne by such
Bond ; (i i) for 1he specifi c performance of an y covenan t co nt ain ed herein ; (ii i) to enjoi n
any act th at mhy be unl awful or in violation of any right of an y Owner of any Bond ;
(iv) for any oth<T proper legal or equitab le re!"edy; or (v) any co mb ination of such
remeclies or as otherwi se may be auth ori zed by r., li ca ble law ; pro vid ed , however , th at
accelerat ion of an y amo unt not yet du e on th e Bond s acco rdin g to th eir term s shall not be
an ava il ab le rem edy . All such proceed in gs at law o· in eq uity shall be in st ituted , had and
maint ained fo r th e equal be nefit of all Ow ners of B,Jnd s then Out standin g.
(b) Fa ilure To P11rs11 e Remedi es Nor a Release; Riglrrs C1111111 /ati 11e. Th e
fa ilure of any Ow ner of an y Outstandin g Bond to pro ceed in acco rd ance with
sub ec ti on (a) of thi s Sec ti on shall not reli eve tl1 e Cit y of an y lia bi lit y for fai lure to
perfo nn or ca rry out its duties und er thi s Ordinan ce. Each right or pri .,;!,,ge of an y such
Own er (o r tru ste e there fo r) is in additi on and is cumul ati ve t , any oths ri ght or pri vil ege ,
and th e exe rcise of any ri ght or privi lege by or on beha lf of any Ow ner shall not be
de emed a wai ver of any oth er right nr pri vi lege of suc h Own er.
(c) B o11d ill s11rer Tlri rd-Party Be11 ejicia~,,; Rig /rt To Co ntrol Remedies. In
the event th at th e Bond ln suran ce l'oli cy is iss ued and to the ex tent that thi s Ord in ance
4816-)646-695 1.2 15
confers upon or gives or grants to the Bond In surer any right, remed y or claim under or
by reason of this Ordinance, the Bond Insurer is hereby explic1tly recognized a; bein g a
third party beneficiary hereunder and may enforce any such right , remedy or claim
conferred , given or gran ted hereunder. Upon th e occurrence and continu ance of an Event
of Default, so long as it is not in default of its obligations under the Bond Insurance
"oli cy, 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 19. Amendment of Ordinance.
(a) Amendments Permitted Without Notice to or Con sent of Owners . The
City may, without the consent of or notice to the Owners of th e Bonds, adopt one or more
ordinances amending or supp lementing thi s Ordinance (which ordinanc es shall thereafter
become a part hereof) for any one or more or all of the followi ng purposes:
(i) to cure any ambiguity or to cure, correct or su pplem ent any defect
or inconsistent provision of thi s Ordinance ;
(i i) to subject to this Ordinance or pledge to th e paym ent of the Bond s
addi ti onal reve nu es, prop erties or co ll atera l;
(i ii) to institute or terminate a book entry registration system for th e
Bonds or to facilitate the designstio n of a substitute securiti es depository with
respect to such a sy stem ;
(iv) to maintain the then existi ng or to secure a higher rati ng of the
Bonds by any nationally recogni z.ld securities rating agency; or
(v) to make any ot1,er change that doe s not materially adverse ly affect
th e Ow ners of the Bonds .
(b) Am endm ents Requiring Notice to and Conse/11 of Own ers. Except for
amend ments pe:rnitted l,y sub section (a) of thi s Section , this Ordin ance may onl y be
amended (i) by a ordinance of th e City amending or sup plementing thi s Ordinance
(which, after the consents required therefor, shall beco me a part hereof); and (ii) with the
written conr'!llt of the Owners of at least 66-2/3% of the Bond Obligation ; provided that
any amendment that makes an y of the fo ll owing changes with respect to any Bond shall
not be effective witho ut the written consent of the Owner of such Bond: (A) a change in
the maturity of such Bond ; (B) a reductio11 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
in tere st on such Bond ; {E) a reducti on of the Bond Obligation the consent of the Owners
of which is required for an amendment to thi s Ordinance; or (F) the establishment of a
pri rity or preference for the payment of any amount due with re.~pect to any other Bond
over such Bond .
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(cl Proced11re for Notifying and Obtaining Con sent of Own ers. When eve r •
the consent of 11n Owner or Owners of Bond s is requ ired und er sub section (b) of thi s
4818-364 6-6951 .2 16
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Secti on, the City shall mail a r.otice to such Owner or Owne rs at their addresses as set
forth in the regi strati on books mai ntained by the Payi ng Agent and to th e Un derwrit er,
"hich noti ce shall bri efl y de scribe th e proposed amendment and state Uiat a cop y of the
. nendment is on fi le in th e office of U1 e City for insp ection . Any co nsent of an y Owner
of an y Bond obtained with respect to an amendment shall be in writing and shall be fina l
and not subject to withdrawa l, resciss ion or modificati on for a period of 60 days after it is
delivered to th e City unless anoth er tim e period is stated fo r such purpose in th e noti ce
mail ed pursuant to thi s sub section .
(d) Co11sent of th e Bond lll s11rer i11 Additio n 10 Come/If of Owners . In th e
event that th e Bond In suran ce Policy is issued, th e Bond Insurer 's co nsent shall be
req uired in addition to the consent of Owners, when required , for th e following ptrposes:
(i) exec ution and deli very of any supplem ental Ordinan ce or an y amendment , supplement
or change to or modific ation of this Ordinance; (ii) removal o f the Paying /, ge nt and
selection and appointment of a succes sor; and (iii) initiati on or approval of any action not
described in clause (i ) or (ii) above whi ch requi res the con se nt of Owners.
Sec tion 20 . Appointment and Duties of Pa ying Agent. The Paying Agent identified in
the Secti on hereof titled ''Definitions " is hereb y ap pointed as paying agent , registrar and
authenticating agent for the Bond s unless and until the City removes it as such and appoints a
successor Paying Age nt , in which event such successor shall automatically succeed to the duties
of the Paying Agen t hereunder and its predecesso r shall immc:d iately turn over all its records
rerarding the Bond s to sud: ~uccessor. The Paying Agent shall agree to perform all dutie s and to
tak ~ all acti ons ass igned to it hereunder in accordance with th e te,ms hereof.
Section 21. Approval of Related Documents . The Coun cil hereb y rat ifi es and
app roves the di stribution and use in connecti on with the offeri ng of the Bond s of the Preliminary
Official St atement relating to the Bond s; authori zes and direct s th e preparation of, and authori zes
and dire cts th e execu ti on by th e Ma yor of an Offi cial Statem ent for use in connection with th e
sale of the Bonds in sub stanti all y th e fo rm of tl1 e Prelimin ary Official Statement , with such
chw1ges therein , if an y, not in consistent herewith , as are appro ved by the Mayor (wh ose
signature thereon shall const itute co nclu si ve evidence of such appro val); and for a peri od of six
month s fo ll owing the adoption of thi s Ordinance , th e Sal e Delegate is autl1ori zed to exec ut e the
Co mmitment , if any, th e Sale Certi fi ca te and th e Bond Purchase Agreement. The appropri ate
officers and offic ial s of the Cit y are hereb y authori zed and di rected to exec ute an undertal'fo g to
facilitate co mplian ce with Sec uriti es and Exchange Commis sion Rul e 15c2-12 (17 C.F.R.
§ 240 .15c2-12, th e Pa yin g Age nt Agreement, th e Escro w Agreement , a "Tax Co mpliance
Cenificat e" or similar certifi ca te descri bing th e Cit y's expectations regarding th e use and
in ves tment of pro ceeds of th e Bonds and oth er mone y3, an Int erna l Rev enu e Service
Fonn 8038-G with respect to th e Bond s and all other doc um ent s and ce rtifi cates necessary or
desirable to effectuate th e issuance or admini stration oftl1c Bond s, th e in vest ment of pro ceeds of
th e Bond s and the tran sactio ns co ntemplat ed hereby .
Section 22. Bond Insurance Determination . The Co un cil hereb y delegat es to th e Sale
De legate U1e authority to de termine whether or not th e Bond s will be sec ured by the Bond
In surance Po li cy and the term s of nny agreement with th e Bond In surer if a Co mmitment is
accepted regarding th e Bon ds. Such determinati on shall be made by th e Sa le Del egate on a basi s
48 18,364 6-695 1.2 17
of wheti1er or not an int erest cos t savings can be realized by the City thro ugh th e issuance of the
Bond In surance Policy when co mp ared to th e premium to be paid to th e Bond In surer for the
iss uance of th e Bond In suran ce Poli cy.
Section 23 . Events Occurring on Days T hat Ar e No l Busin ess Days . Except as
otherwise specifically provid ed herein with respect to a parti cu lar payment , event or acti on, if
any p ayment to be made hereunder or any event or action to occur hereunder which , but for thi s
Secti on, is to be made or is to occur on a day that is not a Bu siness Da y, such payment, event o.-
action shal l in stead be made or occur on th e next succeeding day that is a Bus iness Day with the
same effect as if it was made or occurred on the dut e on which it was origin all y scheduled to b e
made or occur.
Section 24 . Limitation of Action s. In accordance with Section 11-5 7-2 I 2, Colorado
Revised Statutes, no legal or equitable acti on can be brought wi th respect to an y legislative ac ts
or proceedings in conn ection with the authori za tion of the Bonds more than 30 days after th e
authori zati on of such securities.
Section 25 . Ordinance is Contract with Owners of Bonds and Jrrc pealablc. After
th e Bonds have been iss ued, ti1i s Ordinance shal l be and remain a co ntract be tween th e City and
the Owners of the Bonds and shall be and remai n irrepealable until all amounts due with respect
to the Bonds shall be fully paid, sati sfied and dis charged and all oth er obli gations of th e City
witi1 respect to th e Bond s sha ll have been satisfied in the manner provided herei n.
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Section 26. Headings. The headings to th e variou s section s and subsections to thi s •
Ordinance have been in serted so lel y for the convenience of ti1e reader , are not a part of ti1i s
Ordinance and shall not be used in an y manner to interpret th is Ordinance.
Section 27. Sevcrabillty . It is hereby exp ressly dec lared th at all provisi ons hereof and
th ei r applicati on are intend ed to be and are severable . In order to implement s uch intent , if un y
provision hereof or th e ap pl ica ti on ti1ereof is deterrn 'ned by a court or administrative body to be
invalid or un enforceable , in who le or in part, suc.J determ ination shall not affect, impair or
invalidate un y other prov isio n hereof or th e a ppli cation of the provisi on in qu es ti on to any other
situati on; an d if an y provi sion hereof or th e appli cati on th ereof is determi ned by a co urt or
admini strative body to b e valid or enforceabl e onl y if :ts app lication is limit ed, its app li cati on
shall be limited as required to most fully implem ent its purpose.
Section 28 . Repea l of 1.nconsistent Ordinances, Reso luti ons, Bylaws, Rules and
Orders. A ll ordi nances, resolutions , bylaws, ru les and ord ers, or parts th ereof, that arc
inconsistent with or in co nfli ct with thi s Ord i.ta nce . are hereb y rcpculed to th e ex tent of s uch
in consis ten cy or co nfli ct.
Section 29 . Ratifi catio n of Prior Actio n s. All ac ti ons heretofore taken (not
inconsistent with th e provi sions of titi s Ordinance , th e Act o r the Charter) by ti1e Co un ci l or by
the offi cers and empl oyees of th e City directed toward th e iss uance of the Flo ods fo r the purposes
ltere in set forth are hereb y ratified, appro ved and confirmed .
Ser \ion 30. Emc, Jen cy Decla r ation und E ffec ti ve Date. The Coun cil has been •
advi sed that in ord er for the City to secure th e low interest rates c urrentl y present in the market
4818-3646-6951 .2 18
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and avo id a poss ible increase in such rate s, it is necessary to issu e th e Bond s as soo n as poss ibl e .
Therefore , fo r said reason, th e Co uncil declares th at thi s ordin ance is nece ssary for the
immediate preservati on of public propen y, health . peace , or safety and an emergency exists.
Thi s Ordinance shall be effective immedi atel y up on fina l passage and be publi shed within seven
da ys afte r publicati on following final passa ge
Introdu ced, read in full , and passed as an Eme rge ncy Bill for an Ordinance on firs t reading on
the 7th da y of Septemb er, 20 10.
Publi shed as an Emergen cy Bill for an Ordinan ce in the Cit y's official new spaper on the I 0
th
day
of epte!rtber. 2010 .
Publi shed as an Emergenc y Bill for an Ordinance on the Ci ty"s offi cial website beginni ng on th e
8th da y of Septemb er , 20 10 for th irty (30) da ys.
Jame s K. Woodward , Ma yor
ATTEST :
Loucrishia A. Ellis, Ci ty Clerk
I, Lo ucri shi a A. Elli s. City Clerk of th e City of Engl ewood. Colorado . hereb y ce rti fy that th e
above and fo re go in • ; a true c py of an Emergenc y Bill for an Ord in ance . introduced . read in fu ll.
and pas sed on Ii •· .J mg on th e 7th day of Sep tember, 2010 .
Loucrishia A. Elli s
19
-' 18-)6;&6-695 1.2
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THE ATTACHED EXHIBIT A WILL NOT BE EXECUTED UNTIL
FINAL APPROVAL OF ORDINANCE .
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No .R
Interest Rate
APPENDIX A
FORMOFBO.ND
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF ENGLEWOOD, COLORADO
GENERAL OBLIGATION REFUNDING BOND
SERIES 2010
Maturity Date Original Dated Date
s_
CUSIP
__ % 293065_
REGISTERED OWNER : Cede & Co .
Tax Identification Number: 13-2555119
PRINCIPAL SUM : ••DOLLARS••
The City of Englewvuu, Colorado , a duly organized and validly existing ho°""rule
municipality of the State of Colorado, for value received, hereb y promises to pay to the °'er of
the registered owner named above, or registered .:."Signs, the principal sum stated above·m the
maturity date stated above, \•.1th interest on such prin,ipal sum from the original dated datcrtated
above at the interest rate per annum stat.-d above {cal :ulated based on a 360-day year ofr,velve
30-day months), payable on ___ and--·-of each year, commencing ___ .
Cspitalized terms used but not defined in this bond shall have the meaning assigned to tlem in
the Ordinance of the City authorizing the issuance i;f the Bonds .
The principal of and interest on this bond is payable to the registered owner herl".d upon
presentation and surrender of this bond at the principal operations office ofUMB Bank, ,.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 [fifteaith day
of the month immediately preceding] [first day of] the month (whe'.her or not such ckY is a
Business Day) in which the Interest Payment Date occurs; provided that , interest payablo 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 is not a
Business Day shall be made on the next succeeding dey that is a Business Day with tbe same
effect as if made on the day on whi ch it was originally scheduled to be made. All payn,ents of
principal of and interest on this bond shall be mad e in lawful money of the United States of
America.
This bond is part of an issue of general obligation refunding 0 ds of the City designated
the City of Englewood , C0lorado , General Obligation Refundin g Bonds , Series 2010, issued in
the principal amount of$ ____ (the "Bond s"). The Bonds have been issued pursuant to,
und er the authority of, and in full conformity with , the Charter, the Consti tution and th e law s of
the State, in cl uding , in particular , Part 2 of Article 57 of Title 11, Co lor~.do Revised Statutes
(co ll ectively, the "Act"); and pursuant to a ordinance adopted by th e City Council of fr.; City.
THE ORDINANCE CONS TITUTES THE CONTRACT BETWEEN THE REGISTERED
OWNER OF THIS BOND AND THE CITY. nns BOND IS ONLY EVIDENCE OF SUCH
CONTRA CT AND, AS SUCH , IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE
ORDINANCE , WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS
BOND .
•
The Bonds have been issued by the City for th e purpose of providing funds for th e
Refunding Project described in the Ordinance. The Bon ds are general obligations of the City and
the full faith and credit of the City are pledged for the punctual payment of the principal of and
interest on the Bonds. For the purpose of paying the principal of and interest on the Bonds when
due, respectively, the Co uncil in the Ordinance has covenanted annually, to the extent legal ly
available moneys are not otherwise applied , to determine and certify to the Board of County
Commissioners of Arapahoe County, a rate of levy for general ad valorem taxes, without
limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the •
principal of and interest on the Bonds when due , respectively, whether at maturity or upon earlier
redemption .
[The redemption provisions from Section 4 of the Ordinance and the Sale Certificate
shall be set fo rth herein .)
Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the
City by se nding a copy of such noti ce by first class, po stage prepai d mail, 'JOI more than 60 days
nor less th nn 30 days prior to the redemption date, to the Owner of each Bo nd bei ng redeemed.
Such notice shall specify th e number or numbers of the Bond s so lo be redeem ed (if redemption
shall be in part) and the redemption date. If any Bond shall have been duly called fo r redemption
and if, on or before the redemption date , there shall ha ve been deposited with the Paying Agent
in accordance with th e Ordinance funds sufficier.: to pay th e red emptio n price of such Bond on
th e redemption date, then such Bond shall be come due and pa yable at such redemption date , and
from and after such dnc.e interest will cease to accrue thereon . Failure to deliver any redemption
notice or any defect i11 Ill')' redemption notice shall not affec t U1 e vali dity of the proceeding for
th e 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
can~elled .
The Paying Agent shall maintain registration books in which the ownership , transfer and
exchange of Bonds shall be reco rded . Th e person in wh ose name this bond shal l be registered on •
such registrati on boo ks she :1 be deemed to be the absolu te owner hereof fo r a;J purposes, wheth er
48\~-3646-6951 ,2 A-2
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or not payment on this bond sh .ill be overd ue, and neitl1er the City nor the Payi ng Age nt sha:I be
affected by an y .;~tice ~r otl1er infonnatiun to tl1e con trary.
Thi s 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 Agent designa ted by th e Payi ng Agen t
for such p•irpose for a like aggregate prin cip al amount of Bond s of other auth orized
denominations ($5,000 or any integral multiple th ereof) of th e sa me maturit:• and interes t rate,
upon pa yment by the transferee of a reaso nabl e transfer fee esta bli shed by th e Paying Agent,
together wi th any tax or gove rrtrnent al charge requ ired to be paid with respect lo such transfor or
exchan ge an d any cos t of printing bond s in connection tl1e rewith . Upon surrender for transfer of
any Bond dul y en dorsed for transfer or accompanied by an assignmen t duly executed by th e
Ow ner or his or her attorne y dul y auth ori zed in wri ting, the City shall execu te and th e Payi ng
Agent shall autl,enticale and deliver in th e nam e of th e transferee a new Bond. Notwithstanding
any oth er provi sion of th e Ordi nan ce , the Payi ng Agent shall not be required to transfer an y
Bond (a) which is scheduled to be red eem ed in wh ole or in part between the Busi ness Da y
immedi atel y preceding th e mailin g of the noti ce of redempti on and the red em ption date; or
(b) between the Record Dat e for any Int erest Payment Date and such Interest Payment Date .
Th e Ordi nan ce may be amended or supplemented from time lo tim e with or without the
co nse nt of th e registered owne rs of th e Bond s as provided in the Ordinan ce.
It is here by cen ifi ed that ~11 co nditi ons, act s and th ings req uired by the Charter, the
Co nstitu ti on and laws of L'ie Sta te, in d udi ng the Act , and th e ordi nances of th e City, to exis t, to
happ en and to be perfonned , precedent to and in the is suar ce of this bond , exist , have happe ned
and hav e been performed , and that neither thi s bond nor ,,.e other bonds of th e iss ue of whi ch
thi s bond is a pnrt exceed P.ny lin )i lati ons pres cribed by the Chart er, the Co nstituti on or laws of
th e State , incl ud ing th e P.ct, or th e ordin ances of th e City.
Thi s bond sh.ii not be enti tled to an y benefit und er the Ordi nan ce, or beco me va lid or
obli gatory for an y purpose , until the Paying Agent shall have signed th e cert ificate of
auth enti cat ion hereon.
IN WITNE SS WHEREOF. th e City Co un cil of th e Cit y has caused th is bond to be
executed with th e signatu re of its Ma •or and atte sted by th e signatu re of its City Clerk , and has
cn used t!,e seal of th e City lo be imprc jsed or imprinted hereon, all as of th e dn te se l fo rth below .
[CITY SEAL] THE CITY OF ENGLE WOOD
By _____________ _
Ma yor -James K . Woodward
Attest:
By _____________ _
Cit y Clerk -Lo ucrishia A. Ell is
A -3
CLRTIFICATE OF AUTHENTICATION
Tlus bond is one of the bonds of the issue described in the within men ti oned Ordinance .
Dated: ______ _
UMB BANK, N.A., as Paying Agent
By _____________ _
Authorized Signatory
STATEMENT OF INSURANCE
[Statement of bond insuranr~ required by the Commitment , if any.]
APPROVING LEGAL OPINION
Set forth below is a true copy of the approving legal opinion of Kulak Rock LLP ,
delivered on the date on which the Bonds were origi nally issued :
[The form of legal opinion ofBond Counsel shall be set forth here.]
I, th e unders igned City Clerk of the City of Englewood, Colorado , do hereby certi fy that
the for egoing appro vi ng opinion of Kulak Rock LLP , Denver, Colorado , is a true and comp lete
copy of a manually executed and dated cop y thereof on fil e in the official records of the City.
By (fa cs imile signature)
City Clerk -Louer i shia A . Ellis
4818-3 646-6951 2 A-4
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ASSlGNMENT
FOR VALUE RECEIVED the undersigned hereby sells , assigns and transfers unto
(Pleas e prin t or typewrite name and address ofTransferee)
(Tax Identification or Social Security No .)
tlie within bond and all rights thereunder , and hereby irrevocably constitutes and appoints
________ attorney to transfer the within bond on th e books kept for registration
thereof, with full puwer of substitution in the premi ses.
Dated: ______ _
Signature Guaranteed:
Signature(s) mu st he guaran teed by a
national ban'< or tru st company or by a
brokerage firm having a membership in one
of the major stock exchanges .
NOTICE : Tile signature to this assignment must
Cl'lrtcspond with the name as it a,ipears upon the
face of the within bond in every particular,
without alteratior, or enlargement or any change
whatever.
TRA.NSFER FEE MAY BE REQUIRED
A-5
Kerry Bush
Fro m:
Sent :
To :
Subject :
Attachments :
Hi , Kerry.
Madel'ne Norconk
Friday , September 03 , 2010 1:0f PM
Kerry Bush
RE : Tuesday night cou ncil
image001 .jpg ; image002 .gif
Heather Haynes , Kayly Newland and Bob Le onard .
From: Kerry Gush
Sent : Friday, September 03 , 2010 12 :44 PM
To : Madeline Norconk
Subject: FW : Tuesday night co un cil
Madeline,
Do you have th e nam es for Tu es da \ ni ght 's prtsentation ? U so, may I have th em so we ge t th e minute s accu rat e?
Th anks.
Ke rr y
Kc1ryBush,(MC
Depu ty City Clerk/COOP Ad ml nlurator
TheC ltyot Enslewood
1000 EnIlewCK1d PIrkw•y
Englewood, :o 80110
103•762-2405
l;1 x:30l-783,6396
kbu1h1Pco1Icwood1ov or-
From : Michael Pattaroul
Sent: Friday, Septembe r 03, 20 10 12:23 PM
To : Kerry Bush
Cc: Madeline Norconk
Su bject: RE: Tuesday night council