Loading...
HomeMy WebLinkAbout2009-10-19 (Regular) Meeting Agenda Packet1. Call to Order. 2. Invocation. Agen da fo r th e Regula r Mee ting of the Englewood City Co uncil Mo nd ay, Octobe r 19, 2009 7:30 pm Englewood Cil'IC Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 3. Pledge of Allegiance . 4. Roll Call. S. Consideration of Minutes of Previous Session. a. Minutes from the Regular Clly Council •1ee1lng of October 5, 2009. &. Recognition of Scheduled Public Commenl (Please limit your presentation to ten minutes.) a. Arapahoe Credit Union President/CEO Oaudia J. Milan win be present to address Council regarding their new office at 303 East Hampden Avenue (Hampden and Grant) in Englewood. b. Chief of Police Tom Vandermee will Introduce the 2010 Impact Team. c. EnglewooG !sident Tavis Hanna will discuss the off~eash Issue at Jason Park. 7. Recognition of Unscheduled Public Comment, (Please limit your presentation to five minutes. Time for unscheduled public commenl may be limiled to 45 minules, and if limiled, shall be conlinued 10 General Discussion.) 8. Communications, Prodama1lons, and Appointments. 9. Ccnsenl Agenda llems. a. App roval of Ordinances on Firs! Reading. Pie ... note: If you ha-•• diubl1il) ,111d nttd •u,lffary •Ids or ...-.,ces, p1e.,. nod! ••• 01\' or Englewood fJOJ.762-24051 .i le.,1 48 ho<H1 In •ds-• ol wh,n ...-.ic .. are needed. Englewood Ci~• Council Agenda October 19, 2009 Page 2 b. Approval of Ordinances on Second Reading. Council Bill No . 44 , authoriz ing a "grant of easement" to Public Servi ce Company of Colora do/Xcel Energy to install un dergrou nd co nduit fo r elec trical service at 107 4 West Dar tmouth Avenue. c. Resolu tion s and Motions . 10. Public Heari ng It ems (No Publi c Hearing Scheduled ). 11. Ordinances, Resolutions and Motions a. App roval of Ordinances on Fi rst Read ing. i. Council Bill No. :~ Recommendation from the Commun ity Develop ment Department to ado pt a bill for an ordinance au thoriz ing the purchase of ten unidentified, single-lam ll y, vacant, foreclose d properties located in the City of Englewood to ful fi ll the Neighborhood Stabilizat ion Program contract. STAFF SOURCE: Harold J. Stit t, Senior Planner. b. Approva l of Ordinances on Seconc! .• dding. Co un ci l Bill No. 45, approving the 2009 Mil l Levy fo r collection in 201 O. ii. Cou nci l Bill No . 46, adopting the 20 10 Budg et fo: th e City of Englewood . iii . Council Bill No. 47, apprcpr iating funds for the 20 10 Budget for the City of Englewood. iv. Council Bill No. 48 , approving the 2010 Budge t for the Little ton/Englewood Wastewater Treatmen t Plant. v. Co uncil Bill No. 49, appropriating funds for the 2010 Budge t fo r the Li ttleton/Englewood Wastewa ter Trea tment Plant. c. Resol utions an d Motions . Reco mmenda tion from the Englewood /Mclell an Reservoir Fo undation (EMRF) to approve a resolution supporting an agreemen t betwee n EMRF and TT of Denver for lease of approKimate ly 12.9 acres . STAFF SOURCE : Frank Gryglewicz , Englewood /Mclellan Rese rvoir Foundation Director. ii . Recommendation from the Communny LJevelo pmen t Department to approve a resolu tion gran ting a righ t to use righ t-of-way 10 place signs in the Broadway medians under a license agreement. STAFF SO URCE: Alan Wh ite, Directnr of Commun ity Development. Please no te: If you have a dlsablllly and need au,llla,y ai ds or seivices, please no1i~• lhe Ory of Englewood IJ0J.762·2 405\ al least 48 hours In advance of when sel\'lces are needed. Englo\, ood a~ Council Agenda Oc1obtt 19, 2009 P•g• l 12. General Discussion. a. Mayor's Choice. b. Council Members ' Choice. Resolution recommending the establishment of a temporary suspension or mo,atorium on the enforcement of select provisions of the Englewood Municipal Sign Code pertaining to wall murals for a period of six months. Ii. Motion to recommend to the City Manager the setting of specific off~eash hours for dogs for Jason, Centenn ial, Dunca n, and th e Ne-rt ,west Greenbelt parks to be effective January 1, 2010. Specifically: March 1 through October 31 -off~ea.sh hours from 6:00 to 9:00 am and 7:30 to 11 :00 pm; and November 1 through February 28 o, 29 -off~eash hour1 from 6:00 to 11 :00 am and 4:00 to 11 :00 pm. 1 3. City Manager's Report. 14. City Attomey's Repo,t. 15. Adjournment Pit ... no<e: If you havt a disablly and need ou'llli,ry .Ads "' s,nicts. pit.., noti~ lh. City ol Cnglo,,'OOCI 1303-7!•2-2~51 a1 le .. 1 ◄& houri In od\·ance ol "iien SOM<es "'' need,d. • 1. Call to Order ENGLEWOOD CITY CO UNCIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regular Session October 5, 2009 51 The regular meebng of the Englewood C,ty Council was called to order by Mayor Woodward at 7·36 p.m. 2 Invocation The invocation was given by Council Member McCasl1n. 3 Pledge of Alleg iance The Pledge of Allegiance was led by Council Member McCaslin 4. Roll Call Present Absent. Council Members Jefferson, Moore, Penn, Oakley, McCashn, Woodward Council Member Wilson A quorum was presenL • Mayor Woodward said Council Member Wllson ,s out of town th is week and will be retu rning neX1 week , Also present c,ty Manager Sears City Allomey Brotzman Deputy City Manager Flaherty City Clerk Elis Deputy c,ty Clerk Bush Dlreclor Gryglewlcz, Finance and AdmlnlsltaHve Services Director Fonda, UtiUUes Operations Orv,sion Manager Tallent, Waslewaler Engineering Capital Pro)ecls Admlnisltal or Henderson, Public Works Director White, Com,nunity Development n-. IU... ~ Q Community Planning and Housing Coordinalor St ill, Community Development Director Eaton , Human Resources Recreation Services Manager/Goff 3pada, Parlls and Recreation Poree Commander Condreay 5 Consid eration of Minutes of Prev ious Session (a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 21 , 20C'l. Mayor Woodward asked ii there were any changes or mod1f,cali0ns There were none • • Vote results : Motion earned. Ayes Nays Absenl· Councll Members Penn, McCashn, M00<e, Woodward , Jefferson. Oakley None Council Member Wilson Englewood City Council Oct ober 5, 2009 Pago 2 6 Rocognll' Jn ol Scheduled Public Comment Thoro were no scheduled v1s11ors Recogni tion of Unschod ulod Public Commo n! (8) Daryl Estes. a Denver resident, said I am here this evening lo discuss w,th Council and staff May 25, 2007, the City of Englewood nearly bankrJpt. the e<t1zens And the concern I have , you know, at that time and as well as before, 1s we don·t have enough money to not be frugal w,th IL I don't wish to as far to get too involved with some of my concerns but I think. you know, with lhe mural that was on lhe front page ol Denver and the West, and lhe City of Englewood with the issue there I think everybody is feeling somewhat familiar wi1h thal And then as far as I admrt putting on Council Request 1n regards to lhe amount of money that had been spent and lhe amount or time on regards to dogs I hadn't recer,ed anv call back from the Counci Request 1t was multiple Council Requests that I put in and JUSI this evening I talked with Frank a fillle b.t and he got kind or a chuckle out or It, well you know, 11 ,s senous It truly IS We can't be spending bme and money when obV10Usty I haven't seen anything different than the City or Englewood nearty bankrupt I pnnted this up eart,er this evening down at the library downstairs and I would hke to share th,s information, It Is Just a concern that I have tnat this Counctl and staff that I think there is a problem that is brewing and we need to address tt It Is going lo be some hard d~lslons that the Council has to make , but I th,o~ you guys know where I'm at Tha nk you Mayor Woodward sa id thank you. {b) Miguel Drake, an Englewood resident. said I would just hke to thank the Council members for • making themselves available and Joe Jefferson for dotng a publte meeting ... that was very helpful for me I would ltke to that • lhe City for the efforts ,t ,s going through rlghl now balancing its budget and dealing with the hard hmes • that we are dealing with II is hard and I would really hke 10 applaud you guys for working on the effort to make our City livable w1lhout a cut in services through, you know, cutting back lhrough attrillon, through unnecessary 1lems but without senously cutting onto lhe ablity of the City to provtde the amentlles IOf which It has become known, you know, within the State This Is an excellent, excellent City we live III ar.d we live on rt, because of lhe response of responsible and really caring efforts of our govemmenl I nnd ti a hltle bit dtsconcert,ng that there are many people who seem to attack rt simply because 111s a govemroont And I find the tone of the rhetorte I've been hearing recenUy to be, you know, offensive at the most and at the very least, d1stract,ng from the fundamental Issues of governance I'm really 1usl here to say thanks guys You are doing a great job and I really app<eclale 11 and your staffs are doin g a good Job And I hve here for a reason I am going to keep hvlng here for a reason. I li ve he•, because we have a good Council, oecause we have a good government, because people we entrust with that do a good job So, thank you and have a good evening Mayor Woodward said thank you (c) Doug Cohn, an Englewood resident, said good evening I have a couple of things on my m,nd tonight I mentooned two weeks ago that the Patade or Lights guys might be 1nlerested in having the Cherrelyn trolley I sent the a~:,lteation to Randy and Leigh Ann tnose were the only emails that I had so I guess, I'm not sure what happens with rt at this potnt The deadline for submitting the applr:abon is next Monday If you all thmk yoL• would lil<e lo have the trolley ,n the Parade of Lights, lhat would be a real good bme to put K together The second thing , out on front or the post otttee on Floyd and Broadway, I met with a fellow who was nd1ng on a wheeleha,r and there 1s a problem with the where the as.phalt meets the concrete nght on the curb cut, lhe asphalt ls About an Inch taller and himself and some other people have golten stuck as they have n!n their wheelcha11s down In the curb cul there . And they are feehng very exposed being nght beside the cars I guess I am wondering If someone has a roller or however you kind of fiatten out asphalt if we could do something with that Then just one other point. the sign code thing. I think It Is a good start t haven't seen the notes or what all ls going to be going on tonight It doesn't seem to be published anywhere I guess I am a little discouraged Since our last meeting, the public meeting and the Study Sessions, I hawe golten feedback from some busines ses who are • leaving town They ,re say1n'g that the last minute enforcement that Is going on right now 1s gomg lo they are discouraged enough that they are going tc pull up stakes They are gomg to move somewhere where they are ,nv,ted I talked with one fellow who 1s a commercial leasing agent and he ,s talking folks out of 1f they want to be on Broadway he ,s lalkmg them oul of com,ng to Englewood because of 1he problem that we have w1lh trns We • Englewood City Council October 5, 2009 Page 3 need to make some big changes with it. The sign code moratonum Is a t,,t of a step. I thmk we need to do a whole lot mo,e There needs to be, I think, In a City a .. I guess you would call it a critical mass where you have enough businesses that will attra<:t customers And I am womed that we are tosmg more of our base people I want to throw that out there as a problem . Anyway, thank you. Mayor Woodward said thank you. 8 Communications, Pr6clam1tlon1 and Appointments (a) considered . A Proclamation declartng Qclober 18-2◄, 2009 as Nalional Save for Retirement Week was COUNCIL MEMBER PENN MOVEO, ANO COi 1~CIL MEMBER McCASLIN SECONDED, TO APPROVE THE PROCLAMATION DECLARIN G OCTOBER 16-24, 2009 AS NATIONAL SAVE FOR RETIREMENli WEEK. Mayor Woodward said the cost of retirement continues to rise In the Unijed States and the need for greater savings grows, Many employees may not be aware of the~ retirement savings options or may not be taking full advantage of their workplace defined con trlbutlon plans to the full extent allowed by law. Whereas, al workers, including public and private sector employees, employees of tax-exempt organlzatlons and se lf-employed lndllliduals can benefit from an Increased 1wareness of the need lo !"!Ve for retirement So , we are proclaiming, if this passes, October 18·2◄ as National Save for Retirement Week. Mayor WoodWard said unless there are any other points, please vote . • Vote results: Ayes: Council Members Penn, McCaslin, Moore. Woodwa rd, Jefferson, Oakley None Nays: Absent Council Member Wdson Motion carried . Mayor Woodwa rd said is there anyone here to receive this proclamation tonight? Not ~eeing anyone, we will hold this and get It to the proper people. (b) A Proclamation proclaiming October as Domestic V.olence Awareness Month In the Crty of Englewood was considered . COUNCIL MEMBER McCASLIN MOVED, AND COU NCIL MEMBER JEFFERSO N SECONDED, TO APPROVE THE PROCLAMATION DECLARING OCTOBER AS DOMESTIC VIOLEN CE AWARENES:l MONTH IN THE CITY OF ENGLEWOOD. Mayor WoodWard said aga,n, just to mention whal this ts about Obviouslv domestic vlolencte 1 a senous cnme lhal affects all people of all races, gender and Income levels. One In four women wil l becom~ v.c .',is of a violent relationship In their lifetime, while 16% of all phySICal assaults In lhe Un~ed States committed aga•,•I men are by their partners The crime of domestic violence violates an Individual's privacy, dignity, securily and humanity due to systematic use of physical, emotional , sexual. psychological and economic controls or abuse And whereas, as citizens of a law-abiding and just society, we musl make a commitment to eliminate domestic violence, to raise awareness of this crime In our communities, to help victims break free from the cycle of VIOience, and tot.old offenders accountable fOf their crimes Mayor Woodward asked K there were any other comments. There were none . • Voto re1utts: Motion carried Ayes · Nays Absent Council Members Penn, Mccaslin , Moore, Woodward , Jefferson, Oakley None Council Member Wilson Englewood Clly Cou ncil October 5, 2009 Page4 9 Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLI N SEC.ONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I), (II), and 9 (cl (i). (a) Approval of Ordinances on First Reading (1) COUNCIL BILL NO. 44 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING A "GRANT OF EASEMENr TO PUBLIC SERVICE COMPANY OF COLORAOO'XCEL ENERGY TO INSTALL UNDERGROUND CONDU IT FOR ELECTRICAL SERVICE AT 1074 WEST DARTMOUTH AVE NU E. (b) Approva l of Ordinances on Second Reading (1) ORDINANCE NO 39. SERIES OF 2009 (COUNCIL BILL NO 3'/, INTRODUCEP BY COUNCIL MEMBER MOORE) AN OROINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENr AND A "TEMPORARY CONSTR UCTION EASEMENT" TO JILL HUTTER FOR THE INSTALLATION OF A GARDEN BRIDGE CROSSING THE CITY DITCH • {ii) ORDINANCE NO. 40. SERIES OF 2009 (COUNCIL BILL NO 39, tNIBODUCED BY COUNCIL MEMBER MOORE) • AN ORDINAN CE AUTHOR IZING A "LICENSE -CABIN MEADOW TRANSMOUNTAIN DIVERSION PIPE CROSSING AGREEMENr TO DAVID AND JUDITH HUETER FOR THE "'4STALLA TION OF A DRIVEWAY OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY (c) Resolubons and Mollons (I) MOTI ON TO APPROVE THE PURCHASE OF ONE NEW MANURE SPREADER FRCM KUHN NORTH AMER ICA , INC. IN THE AMOUNT OF $67,598.07 Vote ,esults: Ayes: Nays: Absent: Motion carried 10 Public Hearing Items Counc,t Members Penn. McCaslrn, Moore, W dward, Jefferson , Oakley :-lone Cou nci l Member Wilson (a) Mayor Woodward said 11.,s ,s a Public: HcannJ to galhc Input on a proposal to recommend to ,~e Cllf Manage r the setting of specil1c off-leash hours for dogs lo~ Jason, Cenlennlal, Duncan, and the Northwest Greenbelt parks to be effective January 1, 2010 Specifically March 1 through October 31 -off~eash hours from 6 00 am to 9 00 am and 7.30 pm to 11 00 pm, and November 1 through February 28 or 29 -off~eash hours from 6 00 am to 11 00 am and 4·00 pm to 11 00 pm Mayor Wooaward said I j ust wanted lo mention that there 1s Proof of Publication of the Public Heanng In the Eng lewood Herald on September 25, 2009 and on the City website from September 23 , 2009 through October 5, • 2009 COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON A PROPOSAL TO RECOMMEND TO THI; CITY MANAGER THE SETTING OF SPECIFIC OFF-LEASH HOURS FOR DOGS FOR JASON, CENTENNIAL, DUNCAN, ANO THE • Englewoo d City Council October 5, 2009 Pago 5 NORTHWEST GREENBELT PARKS TO BE EFFECTIVE JANUARY 1, 2010. SPECIFICALLY: MAP.CH 1 THROUG H OCTOBER 31 -OFF-LEASH HOURS FR OM 6:00 A.M. TO 9:00 A.M. AN D 7:30 P.M. TO 11:00 P.M.; AN O NOVEMBER 1 THROUGH FEBRUARY 28 OR 29-OFF-LEASH HOURS FROM 6:00 A.M. TO 11:00 A.M. ANO 4:00 P.M, TO 11 :00 P.M. \yes Council Members Penn, Mccaslin, Moore, Woodward , Jefferson, Oakley Nays None Absenl Council Member WIison Mot1011 carried and the publie hearing ooened All wi1nosses weoo duly sworn Mayor Woodward said there are quite a l ow people signed up to addres~ Ci ty Council during the Public Hearing regarding times for off-leash dog prlv1!eges m our parks We want to make sure everyone who wants to be heard gets the opportunity I will ask ,f anyone that didn't have the opportuntty to sign up, wishes to speak, after the last signed up speaker does speak. we do welcome your input aboul issues of concem ,n Englewood With that said . we have found lhal rt Is helpful If one or two people give us a clear and concise presenlation of the issue, rather than halling several people repeat the exact same message. W,th that as the basis, we can move on to the addibonal presenlatlons by the other speakers adding new Information. Something like, I agree with other presentations and ... or simply, I agree with the presentation made by so and so, Is encouraged. We expect that you came to sha re your Input this eve ning and we ~sk that you disp lay the same respect for each other. We ask that you do not applaud Individual speakers We want lo hear your Input. While we understand tha t the Issues, and even the fact that you are presenbng In the pubHc forum, can be an emotional experience, we need to address the facts and want lo come to a clear and Just conclusion. A respectful presenlalion wUI help us do that Please Nmtt your presentation to S minutes and bml.os wim not be permitted to be transferred to another speaker. Mayor Pro • Tern Moore will be the timekeeper At the conclusion of the Public Hearing, Council may have some comments: however, no decisions will be made tonight A discussion and vole will come forward at our next scheduled mee ting on Monday, October 19". Allee Hanna, an Englewood resident, said I'm not a stranger to the off-leash Issue as I've ueen deeply Involved fo r the past seven years I know a lot of you , well, all of you for your term have been lnv•,lyed In this, but I know Mr. Moore and Mr Woodward have been on Council for qu,te a long bme. I've been dealing with this issue through either Counc,I or Parks and Rec Commission, etc. and I Just want to thank an of you for your paltence over the years 1n going through this year after year I think that last summer was the one summer that we didn't have to talk about 1"15, so unfortunately we are back here again. But I did Just want to kind of add a dilferenl viewpoint this time than what I said over the years. This year Is a little bit different for me because I do have a 2 year old son . I Just wanted to kind of express some points on having both dogs and a family. Overa ll, by limiting off-leash hours t,:, 6·00 am to 9 00 am and 7·30 pm to 11 00 pm during the March lo October Umeframes, you will be ellmlnatlng another group of park users from the park. Those of us who have both dogs and young children. tJy son Is 2 years old and starts getting ready for bed at 7 30 pm and is asleep by 8:30 pm, which Is typical for you1,g children. Wrth these summer hours , we w11 not be able to go to Jason Park as a family except for the times where we might actually be up and ready 10 race out the door on a weekend to make the 9 am cutoff, which is very unhkely In my household, From March until May and in October, It Is too cold to go to the park with young children at 9 am, so realistically are limited to June through mid September lo be able to spend an hour or so with our dog and our son together on the weekend. Limiting hours will essentially have our family split between going al different times to one park with our son to play and another park with our dogs to exercise. where now as we often go to Jason as a family with one parent on the playground for lhe son and th~ other parent watch,ng the dogs play on the other side away from the playground. With the lomtted amount of free Gme we already have as worlong parents. this wil restnct our hfestyles greatly. Those parents who have children, but not like going to a playground w,th off-leash dogs could go one or two blocks south to Rotolo Park and I don·t feel that It would Impact them as greatly as It would for the people who try to use the park for both their dogs and their children al the same lime. During lhe • winter, very few people use Jason Park except for the people exercising their dogs. II ls usually loo cold for the kids to play and picnics are generally not seen dunng the winter months. With the limited activities at Jason In the winier, there really ,s no need to have any limited hours In the winter If hours are hmlted, you may also see an Increase on goose poop, smce thP dogs have kepi them out dunng lh.l winter m.>nths. Regardlesr of what the hours are, d any, Counctl 1s still not resolving the Issue of enforcemenl By hmibng hours the City win now have to actively patrol the park during non off-leash hours to enforce the off-leash hours, which are also for tht most part at Englewood City Councll October 5, 2009 Page 6 the limes when COde Enforcement ,s off duty For years. EngiewOOd Unleashed has been ask,ng for inc,eased patrolling ol lhe parks or Just having Code Enf0tcement show up now and then to be seen and to ta lk to all park users about au tha ,ules Including noo-dog people We have also asked f0t add1bonal larger s,gnage so that au park users will know the rules of the park I truly think these measures will be m0te stx:cessful than hmtt1ng hours at the park Thank you for your time. Mayor Woodward said thank you Jean Alspector. a Littleton resident, said good evening Mayor and City Cou:,c,J TOday I would like to speak lo you as Jean Alspector and not a member of Englewood Unleashed. I would like my thoughts to be expressed as my thoughts and not, as a,galn, as a member of Englewood Unleashed. I would like io remind City Council tlus Issue started as a mother requesting help to protect her children . If you could remember back when this started , I cook! understand her tears and wanted to see how I could help I would like to know how we got so far away lrom the original problem How did keeping the dogs out ol people areas at Jason Park tum into unilaterally clos1119 foor parks to off-leash privileges? I can't see what I missed In this I go to these parlls regularly. I go to some or these parks sometJmes There IS no one there. I don1 lmowwhywe have hours. I don't let my 10 pound dog off the leash. I don't usually freque nt all these parks . I live in Littleton but I do go to Englewood l0t the beauty shop, the doct0ts. volunteer work. physical therapy, Safeway and their gas, post offices, parks clean-up meetings, Malley Center actlv,Ues. massa,ges, Council meebngs and restaurants hlle the South, Denny's, IHOP. Jasmines. Le Peeps aod yes. Starbucks, I wonder if Tracy and her children, also non-E nglewood residents, spend as much time In Englewood as I do. Wi8 Tracy step up to the plale and f1equen1 the places I did in Engle'NOOd ... when I stay In Littleton and boycott the Englewood businesses and encourage all my dog fnendly neighbors to do the same. I hope when I check Jason Park fr0tn 10 to 4 on weekdays I will find Tracy and her children there or Martha and her • friends In the shelter My lav0table impression of how tar Englewood has gone ... has Just gone down the lubes I • think the line has lo be drawn right here. Thank you. Mayor Wooct.iard said thank you. JOdi Litchfield, an Englewood resldent, said good evening Council members, Mayor, City Manager, thanks for hearing everybody tonight I know this has been a hard issue for everyone. I am here, I could speak on either side of this Issue, but I just want lo say I have lived backed up to Jason Park for 25 plus years. And I think a compromise Is nut a bad Idea. I don't know what the hours should be. but I thonk a compromise Is not a bad Idea I can Identify, as I said. with both sides of the issue. I curre ntly have a dog that loves to go to Jason Park, that needs the exercise and loves to ,un around and so it Is great lo have the off-leash area to do thal with her, I would also like to say that my experience of seeing people at Jason Park In 25 years is that people do use the park year round Young families use lhe park whenever the ,vealher is mild enough and we typically have mild enoug h winters here that people can go there every day, or pretty close to every day. I think that young families with smal kids that are not school age do like to go during the day, during the school hours when the school age kids are at school, so that they are not being bothered by the older kids or ,un over by the older kids So, you know, I guess I j ust want to say that I can see both sides of the ,ssue. I have lived there for a long time . I've not really experienced many problems with the off-leash, other than when my kids were In soccer and T-ball, there often were loose dogs ,unning around. So. I woold like lo see them not be running around during those hours, I guess. but beyond that. I just think having some kind ol c0tnpromise is a good Idea . I would hal e to see II go away completely . I guess that's ll Thank you. Mayor Woodward said thank yoo Dan Lair, an Englewood resident. satd I too believe that compromise on this issue ls Important and I would like to applaud your efforts, from my understanding, dealing with this for quite a long time and your •v,lhngness to Nsten to both sides And I understa 'd your frustration in having to deal with this Issue when, as one of the speakers said e3rfier on an unrelaled Issue, It 1s sort of unfortunate that tru, Issue of dogs has to come up over and over again, particularly rn troubling economic limes . Bui I would hke to begin by reframing this issue of compr0tnlse for just a • second, to suggest 10 you that a compr0tnlse already ex,sts within the status quo. Alice Hanna alluded to this earlier. but I want lo build on her pcml Just a little bit Lei me read to you from the EnglewoOd 's Parks and Rec chart that tells you all the d1fleren1 parks In Englewood and which have areas that would be sort of family friendly or people galhenng friendly· Barker Park-pienic area. paVlUon, playground, Bates-t.ogan -picnlc area. pav,Uon, playground: Barde Park -picnic area. playground, Belleview Park -picnic area, pavilion, playground, Cushing r>ark Englewood City Council October 5, 2009 • Page7 • picnic area, pavl l1on, playground, Romans Park -picnic area. playground , Rololo Park -picnic area, playground Whal do lhese 7 parks have in common? They are all parks where people who do noI want to be around off-leash dogs. people who have families who would prefer lheu children nol to be exposed to off-leash dogs, have the opbon 10 go and not be exposed to off-leash dogs. There are three parks that are mult~use pal1(s wrtll off-leash pnvileges Jason. Centennial and Duncan No smgle dog owner that I have seen and I bet that in the history of your deahng with this controversy . has ever suggesled to you expanding off-leash pnvileges to lhese other parks I believe In compromise I believe lhat !here should be more parks In the Clly of Englewood that are available for families with children. who don'I want to expose their children to dogs or peop le who don't wanl to be around dogs off-leash, compromise already exists Who Is In the spin! ol comprormse when one side is asking to restrict options and the other side ,s asking to SJmply lo preserve their options The compromise exists now But I understand that there may be a need for compromise fuMer and I !honk dog owners are wiH,ng to do Iha~ but lhey ate only going lo be w,lllng to do lhal and let this issue go away, ~ the comprom,se Is reasonable So let's look at this Issue of the hours comprom ised as ,s proposed . These hours completely do nol bear out with the patterns of park usage. Myself. I typically use the park between 5 and 7 o'clock depending on when I get home from work and before I cook dinner. Over the past couple of weeks, I just started thinking about who Is using lhe park when I was there. And f0< exa,nple, on September 24., 1 was there from between 5 and 6 pm and at one point when I counted. there were 14 people w,th 16 dogs and preasely nobody without dogs in the park. Three days later at about 6 30, there were 12 people with 15 dogs and 6 people With 5 kids A couple of days after that , al 6 o'clock there were 10 people with 11 dogs and three leenagers playing on the playground. I drive by Jason Park almost every day on my way home from work and when I drive by, typ ically, there Is a dog owner present Very oflen !here are more dog owners than there are people using the park for other reasons and often , there would be nobody in the park d It wasn't for the dogs So, in the sp1ril of compromise, I would suggest lo you !hat you make a compromise that Is reasonable. The comprom,se as proposed is not reasonable It does noI beai oul the pattern or usage In the parll and please lel the people use lhe park The people who ovefWhelmingly use these parks, which are a fraction or the total parks • available for the Coty of Englewood, are people thal are dog owners . Others use the park as well, but lhere is no doubt about that. But there Is a compromise lhal exists already. If not, figure out hours that work. One suggestion that I might have to you Is to spend some more lime lo sludy to the Issue Talk lo local unlverslhes, I bet you would find some professor who teaches parks and rec,eation who would love for their studenls, as a class proj~ to come and actualy do a sclenI1fic slUdy that documents park usage ,so that you could make a compromise that Is based upon how people aclually use our parks. You have got lo gel this compromi se right If you don't, the issue is not go,ng to go away The compromise as Is proposed now, will not silence the issue. I can speak for myself and I'm betting for many olher dog owne rs, that we will be here bothering you lime and time again, humbly and apologetically, but saying, ple ase let me use Just a couple of the parks at a lime that works for 111<!, at a tome when ,1 works for other people. at a time that i s borne oul by the pattems of usage that people in the park actually use. Don't shut down the park and empty them oul at 5 o'clock on most of our business days. ll won't work. It doesn't represent a compromose and we have already got a compromose In lhe system as 11 is now Thank you very much for your time Mayor Woodward said Ihank you . 0antelle DelaMare, an Englewood residen~ said I am a grad student I'm working on my PHO and I'm working on my d1sser1alion aR the lime, Wilting, wntong , wnbng. reading, w11t1ng, writing , reading and my l1tlle dog patiently sits there and waits for me every day to lake her lo Jason Park And so every day, I take her to lhe park and I honestly don't know what I would do without the park I need the park for my own social outlet. I need the park to visit with other dog owners and she needs the park so she can gel the exercise and so that she can, you know, hang oul with the other dogs II ls really, really important for us to keep Jason Park an off-leash park. And I have lo say, I hale the hours I go during the day. I go when I need a break from a~ the work Iha! I'm doing. And l'U walk around, 111 run a,ound With the dog You know, we win run aiound in cucies And very rarely wllen I go during the day, ate there non-dog owners very rarely. There are tomes when I win go in there and there isn't anybody else That doesn't happen a tot, bul most of the time, you know, there are few other people there and !hose people that are • there, are other dog owners, al least during lhe times I go Like I said, it is during the day, it is weekdays ... ! don't see other people who are nol dog owners. And I have to say, there ,s Just one litlle story I have I once met a man, and I don't know ii he ,s here, he told me he would be here, an 88 year old man who comes to Jason Park very frequently and he WIii sll ,n hos true!< often 11 somebody moves the pict11c table over for him, he win sll on the picn,c table so he doesn t have to walk very far from his car And one day I was talking to him and he said that he goes there to watch lhe dogs play He has such a gooo lime watching them play His wife just died and he reany just Englewood City Council October 5, 2009 Page 8 wanls a place to connecl with olher people ThOse are lh1ngs Iha! I wan! you lo know And again, honestly. I don'! know what us dog owners would do without Jason Park Thank you Mayor Woodward said thank you Jil laP,er, an Englewood resodenl said I am here to talk about lhe park of course, but one thing I want lo bring up Is I seem to be the star of You Tube and ahhough I am not the leas! bit happy of 11, 11 was done very decep~ve The video was edited It Is not accurate Martha was the speaker so Martha has to be behind lh,s video_ And so 1herefore, I can no lo nger trust Martha's words I dvn't know where she got all her backup from the hearings that she has gotten, but knowing what she has done to me and how decephve that video is, I know I cannol and will not ever trust Martha As far as the hours go, I need to tell you that lhe hOurs are going to be very hard on some of us like last mght, I was asleep at 8 o'clock. so lhese hours are going to be reaay hard for me, as well as many others And also lhe lighting al lhe park Is so bad. They only have pretty much one tghl that d I'm there and I'm single, so I'm alone If we only have one hght, II is going to be real hard lo walk around the park after dark with no I,ght because we have hea rd of females being chased or, you know, stalked al the pa rk, so that really does bother me . Also, II we are walking our dogs In the park hke that at night In the dark, we are not going to be able really see where to pick things up and that is going to be bigger problem for Martha and her friends So, f would hke to Just keep the park clean and be able to see what we are dorng. So. 1f we do have to have late hours such as lhal we are going to need to talk about lighting next And that is an I have to say Thank you Mayor Woodward said thank you • Matthew Crabtree, an Englewood restdenl said good evening Wen we are In the middle of an econom1e recession and I know Daryl talked about this so I'll just be quick. We are looking at a shortfall in the budget this year that eMeeeds 3 million dollars . We have a projected shortfall that exceeds 1 million dollars for next year. We got an • economic development disaster going on at Broadway We've got businesses moving oul lelt and righl and here we are again talking about dogs It gives us a common thread though that Is being discussed here and I am going to take a little bit different approach on IL Tots 1,me lhing and l'U can this a do nothing approach to lhe soluloo. I don'I see any possible way that this can be enforced. It is going lo be a problem again II is going to be before Council We are going to be spending more lime on this. Th is Council has spent more time talking about dogs the last few years than the y have talked about lhe budget or talked about encouraging businesses in lhls community Th,s 1s a problem And one 1hIng that hasn't been d,scossed tonight Is !here Is a dog park The Canine Cooal Is a dog park This park was designed for dogs at a considerable expense to the Crty of Englewood .. wel 11ter $200,000 00. There Is a problem with that park apparently because people aren't usrng IL People are uSJng the parks, Jason Park, Centennial Park ... these parks. If there wasn't a problem, lhen this wouldn't be a problem But I guess If there is a problem with that park, let's fix It so that these park s, Jason Park, Ce·nlennlal Park, can be equally used by everybody I envision these parks, well hopefully the way that they were originally provided for the people of Englewood, as a promise and a replacement for the main City Park when Cinderella City as buut These parks are for everybody in this community and should be equally used We Shouldn't be segregating one side to another sKje, you can use this park, you can't use this park, because there are people who live near Jason Park that I've talked to specifically that can't use this park. that don't feel comfortable around the dogs. And I feel their rights are being violated. Now there are rights for the dog owners, sure, I totally agree with that but they can still take !heir dogs there on laash There Is Camne Corral which is designed for an off-leash park If there Is a problem with that, lel's find out what the prOblem ,sand ra,se lhe money We don1 have the money ,n lhe budge! right now. but let's raise the money through some way I mean, Englewood Unleashed is greal al raIsIng funds. let's raise some money, fix the problem at the dog park, then they've 901 somewhere 10 go. They can do !heir socla llzIn9 there If there ,s a need for another dog park after that, raise more money. There Is obviously an Interest here, otherwise these people wouldn't be here. But let's stop talking about this during City Council meetings Let's start talking about the three businesses that we JUSt lost on Broadway and starl talking about fixing the budget Thank you Mayor Woodward said thank you • Cassy Allen said t am k1rtd of a rebel rouser so sl,ck with me lei's remember some lustory together After September 11" a group of m1htant m,htary, c,v,han and pohtleal pundits wenl to our presKfenl and ms,sled that there were weapons of mass destruction ,n Iraq We must start a war We must stop these weapons of mass • Englewood City Council October 5, 2009 Pago 9 destrucllon, so !hey don'! rear their ugly heads again, so we did And we know now there were no weapons or mass destrucllon, but we had bad, seR-servuig r1telltgence Where 1s she going? There are no weapons of mass destruc110n In Englewood's parks How did we get here ,nto ttus conflict? First a small seR-serv,ng number or people succeeded In convincing you, c,1y Council, lhal these weapons of mass destruction exist... dogs are running rampant, !hey are pooping everywhere, children are being lhrealened .. by using manipulated video, conjured stahsllCS and false Jhreats. They succeeded In convincing City Council thal these weapons of mass destrucllon must be stopped Next, the City Counctl simply abdicated ijs )Ob by defemng to Patks and Rec ,n order lo avoid hav,ng to take a stand. Some of you .. In oppos1t1on to the very plalforms lhal you ran on . Why? So you can, when questioned In a poltOcal climate, say thal this compromise was supported by all the parties Involved by Ignoring your own data from law enforcement, Code Enforcement. and the Patks Department, you still choose to believe that the weapons of mass destrucllOn exist So we have false lntenigence and an unwfningness to lake a hot political stand. Next, the very group with whom the City Council, and all other departments in the City have been cooperating, was presented with a choice a compromise. Why a compromise? We don't have a problem Being forced as a group, Englewood Unleashed, lo come before this Counci with our pitiful hals 111 our hands, begg1119 for your crumbs, is indefensible Either we stand for these off-leash patks or we cave lo bad ,ntelllgence and ~ City Council wants lo wash their hands or a politica l issue and we become Englewood Unlea shed between 7 and 9 am. We are nol convinced lhese weapons of mass destruction ex,st and we don't understand why you never queshoned the ong,nal complaints There are no weapons of mass destruct,on We have nothing to compromise or apologize for and we wan! the parks to remain leash free. Thank you. Mayor Woodward said thank you Justin Farber, a Denver resident, said I am a frequent user of the dog park. I go there three or four times a week . I really look foiward to bringing my dog there There Is a whole dog culture there that will be destroyed with these • proposed hours. Pretty much, they are just going to be defacto and the dogs . I mean, who is going to go there that late. I agree With the one who also spoke before me . with there realty tS no problem I dnve by patks al over the timing and the dog people go there lhe most That the other side is so upset with this issue, only suggests how much dog owners are actually using these parks I agree also that It Is just a compromise I feel like lhat there we are Ingrained in our society to make compromises and be fair That is not how to decide this Issue The best way lo decode lhis issue Is the best use of public resources and I th111k everyone speaking before me speaks for ,1sell. Almost everyone here Is for dogs. We want these for dogs. If you guys propose these hours or really make any changes, you are going to be destroying public good just to say that !here was a compromise. It won't be doing anything better for society or for lhe area There are all the other dog parks I drive 15 to 20 minutes In traffic lo go to Jason Palk Canine Corral is too far for me The fact that I am w,ll1119 to drive thtS far to go to a dog parlc there and back after work suggests how much I enjoy going there and how much it means to me. If the other people wanted a park so bad, they would spend the 5 to 10 minutes to go to the ten other parks that were listed. So, I just don~ see there is a problem and I think they just...the other side wants a cause. They JUSI want to make something up I don'! really know what their deal ,s. But often times I go there and there are people playing soccer ,n the background and the dogs don't even bother them. It is a multl,use patk , We can't appease everybody jusl because they are afraid of dogs. I mean, people are going to be afraid <·I things and thal Is part or hie They should leam to get over ,t and socialize In these dog parks to help people lean• lo gel along with dogs and you kids can come there and not have these fears. So, that IS an I have 10 say Mayor Woodward said thank you Ryan Kramer. an Englewood residenl, said I use lhe patk probably hl(e three blr.'!s? WcC~ wanl to talk about th ings lhat I see, things lhal are good about the pa rk. I have never seen an aggressive dog al lhe p.;rk, not once. I've seen many or you at the park, utilizing the park, enjoying the patk, exercising the dogs and it lo a g1ea1 &OCial outlet for an of us We educate each other's dogs We educate each other And tt IS realty a shanng place for community One thong that I don't see at the patk, I've never seen more than four partJes with children in the • playground, but I've seen up lo 16 parties wilh dogs , So, the use is definitely more for the dogs and for the people who are ullhzing ii The ability for us to exercise our dogs decreases anxiety within our dogs. II socializes our dogs and 11 creates a calmer srtuation for our dogs It rs go,ng to reduce aggress,on 111 our dogs And I th111k a lot of us use the parks to avoid that aggression and we have the opportun,1y with Jason Palk al any time or the day lo use that park I am nol able lo use lhe park after 7"30 By 7:30 tonight, it was too dark to r,nd the ball , to throw the ball, to play with lhe dog So, then by 8 30, 11 is go,ng to be loo dark 10 find the dog (There was laughter) And I do Englewood City Council October 5, 2009 Page 10 agree that by 7 30 or 8 o'clock, we are nol going to find the poopIes e11her So, we do need the park We do ul1ilze the parlt. our dogs need to Uhh2e the parl< It does offer us community within our commumty and I think that is really ,mponant Something thal someone else addressed was the fear And when we make considera!JOIIS for small groups of people who are m fear, we end up l1mit1ng the people who are utilizing, en1oyIng and taking lhe opportunity to grow in our communities Thank you Mayor Woodward said thank you~ • Colleen McManus, an Englewood reslden~ said Honorable Mayor, City Council thank you for llslening I have two letters thal came from Englewood residents Keely Sugden and Jennifer Enger who could nol be ~ere today and asked me to present them to you They are both against the suggested hours that the City Council nas proposed She subm itted lhe leUers to Council. Ms. McManus said firs! I want to touch on a point that Matlhew Crabtree staled about having Canine Corral as a dog park One or the reasons that Canine Corral was treated was to help move dogs from Jason and other multi-use parl<s. with the understanding that 11 would m,tlgale pa1k usage which ii lotany has, but we don't feel, or I don't feel, lhal Canine Corral could handle aD of the dog park users ff we were J\lSI limi led lo just Can,ne Corral It is just a point to make I also wanted to say on the record that I agree with Alice, Jean. Jodi, Dan, Danielle, JIii, Cassy, Juslln and Ryan ... all of what they said. They brought greal information to you all and I hope you really lake it Into considerallon. I also wanted to just note a couple polenbal rarruflcallons to think about, that we included a list of ,n the packet that Englewood Unleashed prnsenled lo you last week and just of lhlngs that we have done loday, but some of them are: setting hours will become a bigg~r Issue, complaints wil l arise from the dog owners, which are lhe majority now, ralher than the minimal opposition complaints that you are currently are receiving. II is not safe, especially for the handtcapped and the elderly and !amities with smaU children and dogs to be limited to suggested hours, due to the dark and cold temperatures Limited hours will add parl< maintenance lo the City, Including garbage cleanup because we will ~e I just don't foresee brunches and park cleanups coming from Englewood Unleashed any more if we do have the limtted suggested hours. And then with • more rules, Code Enforcement will need to be Increased, h:iwever, they are already over ex1ended and find ~ hard to even find time to monttor the parl<s today. So, that is my IWo cents, I guess Thank you for all your bme and effort through lhls Issue. I am so ex lended and taxed because of II and as I am sure you all are loo. And I am really looking forward to a decision being made Than k you Mayor Woodward said thank you Dana Foulks, an Englewood residen~ said good evening Council. What I have tonight is kind of a philosophy lype of speeeh At a high level, I believe this comes down to the difference between exclusive and Inclusive The United States has always had internal battles aboul one part of our society excluding other parts Though these struggles continue, America is gelling better al Inclusiveness every day. I don't understand why we want to go from parl<s that a1e used by alt, to parl<s thal exclude a certain type of people It ,s not understandab!e why some people want lo stt at home and be happy with the knowledge that a publoc park designed to be inclusive ,s free from people who wanl to en1oy the park wIlh their dog Do they nol realize this means there will be many hours every day when the parl< will not be occupied? In other words, certain hours sel aside by dog owners means !here will be times when the park 1s Just a laJge vacant lol because no one win be there So I ask the City Council and the people on attendance. do we want to be considered exclusive o, 1nduslve? Should a parl< labeled public be open to the publlc at certain limes or wo,se yel. closed lo them? I would like to close with th,s quote. "whal takes real skill, ,ntelllgence and delerm1na11on and results In a better place for everyone to live is the ability to lead by inclusion. to 111volve everyone and to harness the benefits of dovers1ty • That is from a member of the parllamenl of New Zealand Thank you Mayo, Woodward said lhank you Barb Silverman, an Englewood resident, said thank you Coty Council and Honorable Mayor I have used Ja.on Park quite a bll over the past few years and I have some major health problems thal limit some places thal I Clln go. • I really appreciate the comments by most of lhe people who have come before me Allison and Danielle especially I think lhal and also the gentleman who just spol<e before me .. Dana that we shouldn't be excluded from an area and given time prov1s10ns lhal are next to 1mpossIble I work nights My hours are 6m11ed and really weird from whe n I can go lo the parks I have never run into a viscous dog al lhese parks, but I understand how lhat could happen and where lhese complalnls could possibly come from One day I was al Jason Park and a bunch of • Englewood City Council October 5, 2009 Page 11 kids ran out or the playground, over and up to my dogs without any idea how to approactl the animals Luckily the dogs I had were very lod savvy and went nght to them If they would have run up to a different dog than the dog I have now, that I have Just gotten who 1s a rescue dog and I am working very hard with to soclahze properly, that would have scared that dog. He would have backed up, barked and probably scared the kids He wouldn't have attacked them, he would run , but he would have been in a posture that woold not have been nice . It could have been a dog that didn't know dogs either, but because he had barked and golten a little bit rorward and then he would not have run off But somebody would have assumed that that dog could possibly have bitten someone At this point, I am working with this animal because he 1s not soc,ahzed Jason Park is a wonderful place where we can go and socialize our animals and have social activity with peop le who are in to what we are Into. And I do not feel we should be excluded lrom that by lime limitations. I reel that there ... II It has to become compromised, then yes, put better signs up I believe Englewood Unleashed and people invollled with that the people that go and use tt aQ the time, are doing everything they can to police other (log people that maybe just come by and say, oh, I'm Just going to let my dogs out for the big run. And yoo know ... they don't pick up after themselves. I go and pick up r0< them after them . I carry extra bags, I hand out extra bags. If I get in there and I don·t have one, I say to someone else, could I please have an extra bag, I forgot my baggies today. But usually I have way more than expected and I fill boxes and things hke that with baggies. I believe that you know, we stand up and want to .. we have to police our own I have a couple or Dachshunds One dog may poop and I may not see the other one. I would hope that II someone did, they would tel me and I would be happy to pick It up or ii I missed ii, someone would be like I do, I pick up piles when I see them. And I think we do a ver1 good job of that Again ii is a way higher percentage of parks that don't have an area where we can have them unleashed . And the Corral Is a nice place. There Is not room there. II is not as nice ground to run your dogs on. I have one that Is very crippled up and It Is harder for him on the rocks and hard areas al the Canine Corral. So I Just really feel that you are bmillng a lot and that Is sometnlng that I have enjoyed about living in the City of Englewood that we do have off-leash parks • and a place that we can go and work with our animals. And In training my own animals, the socialization 1s huge there. And I really don't want to see our hours limited. Thank you very much for your attention to this matter. I think that It needs to be taken care of so they do not have to pay attention to this matter, becaase it would cost a lot more to patrol these new hours. Mayor Woodward said thank you Klm Carhle, an Englewood resident, said good evening gentiemen. I must say that this Is my Orsi City Council meeting that I have ever been to and I hope this ts my lasl..no offense. Something has got to be better than dogs •.• but I am ror the dog parks I get up at 4·30 In the morning, I get rer.dy, and I'm at work by 6. I WOik 11 hOurs I come heme and as soon as I gel home I take my dog to the park Then I go home, take care of business and go :o bed. So these hours do not work. I mean, I've gone down to the Canine Corral. I have been In there when there has been 100 dogs In there and I have counted 100 dogs in there. There are loo many dogs In there some bmes so that I don't want to go in there with my dog, it is too mucll So, I go over to Jason Park and those are the two that I do use, but Jason Patl<, again, everybody is doin; a great job of explaining why we should have iL The one question that I do have, I know certainly you guys do go on a picnic o,, occasion with your ramily, have you ever gone and sit down , taken a picnic lunch down to Jason Park on an afternoon and watched? Would you consider it berore the 191"? I mean, It Is something to do. No, really, go have a picnic lu nch on a Saturday or Sunday and see what 1s going on Check Hout And the lighting at night al Jason is bad . there is one. And I have black dogs and I actually have orange collars with reflective because at night I have been there, I have lo look With a flashlight so that I can see the,r collar where they are at So the hghling is bad after hoors So, I wish you would consider that. But I really wish you would go and check it out for an hour on a Saturday or Surlday .. ta ke a lunch. take your ramily, take your grandkids, check II out. Thank you. Mayor Woodward sSld thank you Rachel Shields, an Englewood resident, said my house is connected to the park on the west side My husband and • I were born and raised in Englewood and we moved back to Englewood and specifically to the house we did because we knew that Jason Park was an oil-leash park and we had a dog We could have moved to Ldtlelon or wherever we wanted, but we wanted to hve back In our home town where we were raised because or the dog park. I definllely understarld the concerns of the people who want the park to be on-leash only, because I am a mother myself but as a mother, mysell, I go to Jason Park and Centennial Park once Of twice a day, because I am a stay- at-home mom and have no problem tak ing my baby there and my ciog and II Is just a great time with me and my Eng l ewood City Council October 5, 2009 Pag e 12 son and my girl I ask the hours ,n the winier be increased, ,f lhal Is our only option I understand that the hours are what you guys are considering If lhal Is the only way we can go I would ask for winier hours lo be increased On days when :here are bhuards, dog people are still !here ll's trampled all down nghl afler a snow storm We are au already !here And I think I am lhe f11St one and !here are 20 dogs already out exercising So. you know. I think definitely In :he winter time. we are preny much the only ones there all winter, and we are dedicated We clean up the dog poop We s\111 have our brunches and if we are all forced to go to Canine Corral, It wou ld Just be a Iota, alsaster area. It would be so much worse lhan it Is and I know that you know, there are certain people who Iusl want Camne Corral to be lhe only dog park in Englewood and !hat wou ld fi x everyth ing. II would be horrible So. I just would definitely say please lei us keep our parks Thank you Mayor Woodward said thank you. • Rhonda Kahes. a Llltleton resident, said thank you for this lime I first started attending Englewooo events because Cani ne Corral opened . Prior lo that I didn't go to Englewood very much, but since Canine Corral opened , we have been drawn into the community because of the activities of Englewood Unleashed. I've attended many events and we do shop there more now than we did in the past, because we feel a part ol Englewood It has been very, very mce I served on the Board for two years I have d'lfle a lol of wooc to help promote the dog parks and help also promote responsible ownership there I am one of the responsible owners .. most of us are that I witness. I go to Canine Corral in Englewood, attend , as lhe olhers have said, after work ing lhe hours wou ld brJ a lilUe bit dlff1CUlt for a normal fam ily to get out and exercise and socialize their dogs. So. I want to reinforce that 11olnt. The olher thing Is, I read an article recenUy llnd I apolog ize for not doing my home work and thinking a'viul this ~revious ly, but It seems to me that I read this 11rucle that communities are looking for things to attract res10~. •• to their communities and dog parlcs .. having dog parks Is one of lhe c,own Jewels that communilles are looking fo: ~ ''!r communities In our area are actively seeking lo open up dog parks and have more off-leash privileges to attract Int ·eSldents So I think that ,s a valid pomt to bring up. The only other thing I would like to state Is this enforcement of hours IS • going to be very. very dlff1eult. I agree with lhe other people that have been up here speaking In that we have encouraged Code Enfo rcement to come along and to help us and support us and make surpri~e visits . I know that we have called to have Code Enforcement and the oohce help to enforce our nules, because we value our parks very, very much l feel that ii would be much easier to enforce as a soc,ety the signage and the nules that we have, as opposed to imposing more rules that we are not 901ng to be able enforce I just think that It is trouble in the future But anyway, you will rule wisely. We wdl follow what you recommend and make that work as well, Just hke we have made Canine Corra l work. And gooo luck and if you have any other questions, I know that you will call on us Thank you Mayor Woodward said thank you Gen Hughes, an Englewood resident, said I have llved In Englewood for 65 years . We have been In our home for 40 years and II ,s right next lo Jason Park We no long er have a dog which we had always had, but 8 years ago my dog died and never got another one. We have never, ever had a problem with any dogs at that park. In fact, in the evenings I work at the South Restaurant and have worked there for 25 years, but when I am home al night, because I work n,ghts, when I'm home we e11JOy sitting out there In the ya.rd and watching the dogs People bring their dogs They play ban They train them You know, 11 Is mteresbng, we have ten grandchildren, two great grandchildren and they have all played at lhal park. We have never had trouble with a dog, never seen a dog f,ghL I just don't see what the problem is. The one problem that they do have Is having the hours so late I get home like at 11 o'clock al night and most of the lime .that one light lhal they have cul there Is not even on As I drive In the driveway many times I see It nash off and 11 doesn't come back on for at least another half hour I don·t see how people can walk their dogs ou t there in the dark You know, we don't have a, what you call a violent neighborhood, we don't have any big problems The one problem we don't have IS a dog problem. Nowt just wish the Counetl would stop and think about ao the people that go there and lhey meet people It is JUSI like a neighborhood party Many times you see groups of people standing out there talking Mow I Just wonder what you think about that before they vote against It Thank you Mayor Woodward said thank you Karla Archuleta a Oenver resident. said I am not an Englewood res,dent and l hve less than two blocks away from Eisenhower Parll but I cannot u11hze 11 as an olt-leash park I have a two year old. very hype, English bulldog that • • Englewood City Council October 5, 2009 Page 13 loves to run and be off-leash , chase balls and 1ust play with other dogs and I can'I do thal there WJthOul having nsk ol a tlcket of $75.00 or more So. we have gone to Canine Corra l a lol and she Is white and when we leave lrom there, she nol wh ite anymore She Is very cute when she's clean, but we always have to have a bath after we go home I never rea lly took her to Jason Park , because I thought, the fact that 11 not being fenced and there were ban fields and things like thal l jusl thought that was iust ridiculous But I took her there the first time and she did wonderfully . She didn't go Into the parking lot. She stayed away from the baff fields and jusl proved to me how much I can trust her and how much she trusted me In being her owner and how well I had done ,n actually training my dog So, Jason Park Is actually helps me in learning 11.)w to train my dog. get her voice command controlled, she doesn't go within 30 feet of me without lurnIng around making sure she sees me and if she doesn't see me, she almost panics and comes running to find me For responsible oog owners It is awesome and It Is unfortunate that there have been some bad decisions made from ceita,n owners to make it such a horrible expeoence ro, the ones who take care of their dogs and actually enjoy the use of parks. I hOpe this all goes well and you hear all these wonderful points that have been made this evening and that you will Osten to the majority that has shown up so far tonight. Thank you . Mayor Woodward said thank you. Jaxlne Hensley, an Englewood resident said I would just like to say thal I think people from 1 lo 100, with or without animals, should be able to enjoy lhe pubhc parks, that we an pay for with taxes, year round Centennial Park Is busy with people no matter whal season It Is We have baseball, soccer, rugby, lootball. .. we have people out there playing volleyball We have fishermen almost 24n year rOU'ld I don't know how they do tt In the cold, but I see them out there because I can see the park right out my w1nd0w. We have a hill that the little kids come and slide down whenever It snows and they are a lot of fun to Wal~h. but they always say, we have to watch for landmlnes. I think the hours that you all Otiglnany set seem very fu to everyone I would like lo see maybe the • kids have a little more time In the winter, In our park especially, because they do sled. I thank you for all the time you've spent on this and look forward to what you decide Thank yoo Mayor Woodward said thank you. Dorothy Haefell, an Englewood resident, said I am for dogs on leash, as you well know, but I think you've worked long and hard on these hours and they seem like a good compromise to me. And as these people spoke, I never heard a one of them say that they couldn't put their dogs on a leash If they can't fint' It after dark, I think they better put their dog on a leash and know where it is at and keep our parks for people and children and dogs if lhey are on a leash. I guess if you can't do Iha~ then these hours are a good compromise. Now, I just read In the papers yesterday about the altack on this Adams County woman by two dogs, neighbor dogs. These dogs ~as also never been reported to the police before, but they got out of the yard and this woman was going for her mall and they attacked her and tore her up. She was hospitalized and then had a heart attack t guess these dogs off- leash people would just say, well those are bad dogs. Well they were bad dogs that turned out, but nobody had ever reported that they were bad dogs before. So tt can all alWays happen People, your dogs are around other dogs and othe r people , whatever. So, th ink about that And thank you very much for your bme and an lhe effort you have put Into this Thank you, Mayor Woodward said thank you . Emme Putnam, an Englewoud 1 •!dent, said just a couple of points. The idea of Inclusive and exclusive, tt seems to me that our parks are inclusive and not exclusive. We Include the residents of Englewood, which Is why the parks were butl t and we also Include dogs as long as they are on leashes I don't see the exclusive aspect that was referred lo earlier. Also, I love dogs, I've lived with dogs my whole life and most of the people who have spoken ahead or us Who are for off-leash, make tt sound like all dog owners are the same and all dog owners want unleashed dogs In some of 'he parks. t have had dogs In Englewood and they have never been off their leash In • any park and yet we run and walk and they get exercise and they meet other dogs and they socialize so. you know, 11 ts as though all dog owners are for having unleashed parks I know that Dorothy is another dog owner and Jaxlne, and bolh of them would agree with me. We had dogs, we are dog owners and we like our dogs to be leashed Also SOmt!body said earlier, I'm sorry I don't know the names of the people that spoke, bul thal the:e Is no problem. and that ts simply not the case Maybe In Jason, I actually respect the d1ehard Englewood Unleashed people, they do seem to be very responsible and caring for their dogs and the messes and all the rest or It, but En glewood City Counc il Oc tober 5, 2009 Page 14 unfortunalety !here are people who do not behave that way and people who let lhev dogs out and don't regulate lhem at an And there have been many incidents thal were very unpleasan~ scary and damaging and many, many. many droppings that are not picked up So to say lhal !here 1s no problem . maybe It's because in Jason Park that Is where Englewood Un leashed Is concentrated and those are lhe respons1ble dog owners. In Centennial Park that is not the case There is dog poop all over Iha! park and even on benches where people sit. So it's not quite as rosy, at least In our park, as maybe It Is In Jason, I don'! know, although I guess Martha would disagree ... because I know lhat she has had unpleasant experiences in Jason Anyhow, I do want to say that I appreciate all the work and It does seem bke an awful lot of wont for dogs, but the pNks are primanly for people. Just remember thal And thank you for your time Good luck. Mayor Woodward said thank you • Usa Crammer, an Englewood resident, said I have lived In Englewood since 1984, And prior to Jason becoming a multi-use park, actually four and a half years ago ... l never went lo Jason Park. I go there strictly with my dogs and It is to soclaltze lhem, but it is my social time. II Is lhe only social time I have. There are people that don't clean up after their dogs and that is why there are people like myself and people that I hang out wilh that dean up after lheir dogs and apparently we must need to come to your park. I've never been to Centennial Park, sot thtnk I wll go to Centennial Park with my bags and go pick up some dog poop. I Just wanted lo say that I agree with the majonty of the people that have spoken before me. The time is not going to work for a lot of people. I'm seml-flex,ble. It will work for me, but I don't particularly care for IL I don't think we have a problem In Jason Park as Ii has been made out. I have never seen any problems when I have been there. If there was a problem between dogs and children, then I would be on the side with the children, but let's be real here. But that Is all I wanted to say I agree with Colleen, Alice, Dana, Dan, Justin and the Hsi goes on and on and on. I do want City Council to know that I do appreciate all of the time that you have spent and your efforts I hope this can be put lo rest f,naly This Is lhe second time that we've al been here, or al least that I've been here going through this ... two years ago. So, If we • can all make everybody happy, which I think we can, thal Is the best way to de II Thank you. City of Englewood is a great place . I shop here, I live here, I vote here and I even work here . Jim Crammer, an Englewood resident. said I just want lo say that I'm for this off-leash park at Jason and really anywhere in Englewood. This has been a really great thing, especially for our dogs and my wife. She Is there a lot and I gel to go occasionally I iust really thlllk that It i s a really good thing that we have somelhlng like this in our City. f do think it is attractive lo bring other people to this City. I don't see the problems, at least at Jason, that some people talk about And I would just like to see it stay the way it Is. I think Iha! lhe times lhal are scheduled, I think It is really going to be tough for working people to gel there and utilize that park. I would just like to say that I'm for it as far as having an off-leash park. Thanks for your time. Mayor Woodward said thank you. Brenda Hubka, an Englewood reslden~ said thank you for your time tonight l'U just try to only add and not reiterale. This year I adopted two rescue dogs from the Colorado Humane Society who would othefwise have been eulhanized II Is very Important tor me to gel them exercised and I tried running w,th them on lhe leash, but ii Is not very easy. And I tried three limes lo take them lo Canine Corral. They just hang out al lhe gale, they want out of there really bad. I think ii is the enclosure and too many dogs and there is no grass for them to rub their head In. So, I do lhlnk we need to compromise though at Jason Park and the hours aren't too bad of an Idea, except for 7:30 is pretty late for a single woman And I will bring up for l~e forst lime tonight that If there is going to be a compromise. I think that it is a very valid concern for children and picnickers lo be safe In the picnic area I think it Is a very reasonable solution to pul a gale around that area Just like Cummins Patlt. I know it hasn't been brought up tonight and we are only discussing the hours, but as you know, the hours are already controverslal t have lived here jusl 9 years now, bul my parents went to Englewood High School and my grandparenls, they aH l111ed here too If lhey were still around, we could ask them what the original Intent of these parks were. I am pretty sure that my grandmother would actually side with Dorothy. She doesn't much care for dog poop and having to step In It • Doris . she wou ld Just let the dog run all over the place. But those were different limes, certainly not with the population we have now, and a lol of people need so many dogs So I hope you w,11 Just take into consideration, you know, this Is a different kind of community now Thank you Mayor Woodward said lhank you • Englewood City Council October 5, 2009 Page 15 Kim Love said greetings Honorable Mayor and City Council members As you know I am President of Englewood Unleashed I am last probably but certainly nol least but do appreciale you: tome this evening even though we are ruMing late ton,ght As most or you know as I sax!. I am President of Englewood Un1eashed. we are a non-profit n1e I JC group that raises money and educates people abou1 proper ellquette with the• dogs In the off-leash patlcs hke Jason and Centennial We know thal all of you are familiar with the good work we do on behalf of our members and non-members alike when It comes to the off-leash pnvtlegcs al our parks We have, by the way, always referred to the parks like Jason and Centennial as mu lli-use parks with off-leash privileges. Approximately 53% or Englewood Unleasl:ed members are Englewood residents with lhe rest being other metro area residents. Our survey that we completed recendy, and t believe you an have u In your packets tonighl included EU membelS and other park users. The overwhelmir,g ma10rIty want to keep the parks as status quo, or as Is. But we too. are realists and understand the true meaning of compromise, so that both groups can co-ex,sL Several Council members asked us to state what we would accept as a minimum compromise We therefore make a formal recommendation as our number two choice that these hours be 6 am to 11 am and from 6 pm lo 11 pm seven days a week for the spring and summer. And thls again is in your packel This Is really a very fair proposal and exlends the hours beyond the startir,g po,nl lhat you had originally proposecl for lhls vole and is a fair compromise 10 au parties The opposibon will also like thtS proposal You also recommend s,gns lhal slate 'no dogs allowed on the playground or m the pav1hons al any time'. Also we woo Id hke to see w,nler hours from October through March as being 100% off-leash as these are months that we know that we are often 1he only group In lhe park. The hours we respectfully submllled are a fair compromise for all users and we need to point out that Eng lewood Unleashed organizes a brunch and a cleanup every two weeks. s,nce these days fall on either a Saturday or a Sunday, and usually start around 10 am. depending on the time of year, obviously In the w111ter they start later and in the summer they start earier lo avOtd the heal We request that thlS be taken into consideration when setting the off-leash hours. As stewards or these parl<s, we have a large group and also we lake care or the parks, both for the city and the • citizens are benefiti ng Englewood Unleashed because we work hard to keep lhe parks clean Some fotks miss the~ dog droppings and we all help to catch the ones that gel missed. Since our group brings their dogs lo lhe park during these cle anups, we set an example for everyone . So, lhe hours need to be considered as something lmportanl because our group does go to pick up the droppings ... in addrtion to the ones that get missed. I was alive 1111961 and remember now a very lamous speech by John F Kennedy and he asked ·not what your country can do for you. but what can you do for your country." Wei tlhIs ls as timely a speech a;; it was then as Is now, as rt was then So what can we do for our City, not ~hal the City can do for you. Er,glewood Unleashed Is the embodiment lo this statement. We give a 10110 Englewood and the parks. And Ms. Griego's group Is still only inlerested in what the City of Englewood can do for them. They have given all of the ultimatums and disrespect. Again I say, when is the lasl lime this group gave anyth ing back to lhe City? In reference lo Mr Crablree, he said earlier that there is nothing wrong with the Canine Corral to use for dogs We overwhelmingly disagree. Ca111ne Corral IS very heavily used and so is Jason Park, so there ls a reasoo to bmg dogs to Jasoo as wen as the Canine Corral . Some people , In fact one of our Board members. has a dog named Snoopy that iS much smarter than anyone on the Board . This dog Is a greal dog . II gels along with dogs, runs ,rou nd and plays, but unfortunately can'I be lrusled in a park like Jason, because he will run off into the slreel So. lhe park like lhe Canine Corra l Is necessary beca use certain people have 10 have dogs enclosed by a fence Where other dogs like, you know, many of our membelS have dogs that are under voice control and do stay in the boundaries that they should Geri Hughes, wno spoke earlier, who most of you know, wno has been a long bme Englewood resldenl menboned to me lhat she never was asked to sign a pet1bon keeping Jason off-leash. We have heard this lrorn many people bordering Jason Park and have never seen or heard from 1he group and have never been asked lo sign a petition, so we queslion the vahdily or such a petilion and especially lhe video which we believe was ediled to show what they wanted 10 show, nol lhe real tacts What defines a lamlly? In these days, dogs are members of the family and most people have dogs and children and consider the dogs as members of the famJly. So, the family members, including dogs, should be able lo use the park .. Centenntal and Jasoo and lhe other parks that have off-leash pnvileges Lastly, d a comprom,se can be reached, we woulo stror,gly urge City Council to adopt 1he EU suggested proposal again in your packets for the hours we menlioned earlle< This Is not only a real compromise, but ii works • for both sides Thank you for your lime tonight. Mayor Woodward said thank you Martha Griego, an Englewood resident, said okay, I wasn't going to talk, but after heanr,g everybody from Englewood Unleashed and olher people tal~. I decided to come up and do my hlllA sp,el here after takmg notes Englewood City Council October S, 2009 Page 16 Forst I would loke to say, I don't really want to lake this personal but you know all you guys, I've had dogs, okay? I've had Reo Dobles I know what ,rs hke to have a dog. okay So ,t IS not hk~ we don't want your dogs to be ,n the park We don't care if they are 1n the park , but we want them to be on the leash. And as far '<S the klC!s be"1g around but you never hea rd anything, you never seen anything, well let me tell you , I would ratner be al home watching my Monday night football than being here, okay. Because when the dogs start coming after my gran<lbabies, that becomes a problem So If you guys weren't there, so, you know that Is something that you guys got to work with there And as far as about the video and the pebbons, wel you know, If I don1 go to your doo, that IS probably that you weren't there and I'm not going back and forth to your house and make sure that you are there or not I did what I had lo when I had the time to do II. I was working and I had other things to do bes,des going door to door lo make sure l~al you guys are there. So about the compromise, now you know, to us we thought we were doing greaL Englewood Unleashed said yeah, let's compromise on the hours So, we said yeah We talked with CenteMlal people and like yeah. let's compromtSe, let's do the hours. Well now the compromise Isn't good enough for the people of Englewood Unleashed. And so the communi!y that signed the petruon I mean, we were asking for something different and when the hours came out .. we agreed Okay, you know, whatever hours you guys come up with as long as they are reasonable, we will agree. And that Is what we did. You know, we brought you guys a lot of facts regarding dogs .. regarding how aggressive they can be, you know, the past mayor that was here, a dog approached them and we know h was v, the 7 newspaper, so ff she lied and they lied, whilt: sooy abou1 that. you know, but thtS is where I got one of the facts abou1 lhaL And so to me, you know, we have to remember the usage of the park, okay, now they are saying there are more dog owners at the park Well, yeah, that is becaus~ there are a lot of people around the par~s that have not gone to the parks any longer because the dogs have taken over, so they don't want to deal with the dogs , And yes, there are other ~arks, Belleview, Cushing that I can go to, but ii I hve a block down fr0'1'1 Jason Parle, why should I go to au these other parks. I just don't understand that , why I have to remove myseW from a park that you guys originally built for people • that was for the lamihes. Your Intent was not to build a park to have the dogs run loose so that way everybody can co-exist It was built originally for the families lo have picnics, to have a good lime. And so to me, tr.at Is .. , I Just can't understand that kind of thinking. I guess, or how people are saying the park is ror dogs Well, yeah, I can undersland Canine Corral I mean I dnve there two or three tlmes a day down Windermere and there are times that there Is nobody there at Canine Corral And then there are times when I see a tot of dogs But you know, that is not the only dog park There Is one over on llltleton and Belleview and It does have grass over there and it is about double the size of what Canine Corral Is , So, you know, If It Is minimizing, I mean. why Is It that we have to minimize our lime at the park wllh our children when they want to have the park fully and they can also go down to Canine, they can go down to Littleton some of these people live In Littleton Why don't tl>ey use that other dog park? So you know, they talk about wen they can't go there certain hours because 11 is dark 3nd the,e Is no ligh~ wel you know they say they can't find their dog. Wen, isn't it one of the rules that there dog has to be under voice control? So .vhy are you look!ng for your dog when all you have to do Is call your dog anc your dog should be coming to you . So that ir. another point I have on there. Like the lady said about believing the kids, that she wou ld believe the kids, well if she looked at Ille minutes when my grandbables came and they talked to all of you guys I mean, you know, I was surpnse<1 that they wanted to talk to you guys about hOW scared they were, hOW many bmes that there had been incidenct,S where they cannot go down the slide because there is a dog at the bottom of the slide, or an aggressive dog that came up against us So you know you really, to me, need to think about that part. And yes, there 1s a lot of people here that have the majority from EnglewOOd because Iha other people that were for the dogs to be on leash have really given up on you guys and I told you guys that the last time. beca<1se they have a lot of behel in you g vs And they've JOSI given up that you gll) ; are going to do what you guys are go,ng lo do no matter what they sz1 So you know, I am here because f am just hoping that you guys will still compromise and that we wilt sbfl have 1I lo where there Is a compromise of the hours so that people can go to the park And I am talking about all of those people that have signed the petition that live in the surround1~g a, eas of Englewood and Centennla!. We are talking within the blocks We are not talking about we went ()own to Elab, Bannock, all those areas, It was just within the few blocks that we walked rt and we dlCI ft We didn't have an internet to get pebtions going So the bottom l,ne Is, you know. to keep the hours as you have indcated and go by what you guys feel ,n your hearts and what the parks are really meant for . 1s ,1 tor the dogs or 1s It for the Children and the fam,hes? Thank you i•0 vor Woodward said thank you Michael Thorpe, an Englewooo resident , sal'l I hke a lot of the points people have bloughl up tonight, but I am sure you guys could all give gold bars to everyone here 1f you could afford 11 and thal 1s pretty much what the bollom line comes down to The City tr1es with the cudgel crisis and all thal I thm k that the price • • • Englewood City Council Oc to ber 5, 2009 • Pag e 17 you have to pay ,n overtime and/or extra hiring of more Code Enforcement officers 10 make these make these hours viable, you could probably buy a 101 of fences I realize this Is a presump1,on we're not rea lly suppose 10 discuss It, bul I lhmk you should discuss the cost of what this w,11 do The Canine Corral cost S200.000 00 You are going to have lo spend at least that to get mCJ<e parks, because Canine Corral Is way too small But I would 1ust hke you to think or the cost. The Canine Corral Is way too small I think that maybe some of the l)(oblems in the other parks may be because they're forbidden In Oenver and other cities like lhat, they Iust might not care and 1f their dogs crap In our City and it's not In theirs So maybe lhat Is why the lesser qualities of the olher parks exlsl Bui I don't think ttus IS a good plan I have boxers, I'm out of shape, I can't run behind my boxers, thal's why I like the off-leash aspect You know, I 1ust don't think the hours are a good Idea but 1f that Is the • ay you guys are swinging, I would like you really think of the bottom line. of 1ust lhe cosl You're going to pay an offocer for overt1m,·, people are going to pay your tickels, are the tickets going to cover that? And maybe Jus l weigh that In the future before you give your decision oul Some other allematives perhaps fencing or something like that Mayor Woodward said thank you Tracey Jones, a Highlands Ranch resldenl. said I am Just here to talk about the bull dog Issue lhlng I apologize for Englewood Unleashed and the people who are here because they are lhe responsible owners who do pock up after their dogs and who ptobably do have the~ dogs on voice control Unfortunately. the1e are more people out there who do not have their dogs on voice conttol and don 't pick up after their dogs. And I can even really care less 1f they don't pick up after lhe dogs, I'm Just...il kind of sucks when yo u go have a picnic or a lunch al lhe pavilion al Jason Park or any olher park and a dog comes up and snatches a sandwich out of your kid's hand ... nol very cool It is not nice at all and What do you tell your kid and after you Just spent money at McDonald or something on the hamburge1. 1 know I've talked to most of the Councilmen individually. We have had meetings and stuff and I don1 • thin k that I have eve r once disrespected you guys and if I have, please lei me know, but I don't think I have ever disrespected and I don't think I have ever given you an ull,matum either I know the communily of Englewood and other communibes are evolvmg and changin(l and I've never .. I've talked to Joe Jefferson and me and him have tried to talk about where we could build another Canine Corral In Englewood and somehow doing fund raising money because it is expensive. And Englewood Unleashed Is really good at raising the money. I know I play a lot or sports ... to address, I don't know het name, the second lady who spoke from Englewood Unleashed, aboul how much money I've spent In Englewood I spend quIIe a few dollars in Englewood even though I don't live here My bank is based he1e in Englewood and I shop here In Englewood and I do join Englewood's sports an<1 when you are nol a resident. ii is quite a hefty fee So I do spend my time and money and my kids spend a lot of time here In Eng lewood Bui I think the 11mes that yo u guys came up are a good Idea and I hope you stick with 11. And I thank you very much for spending months on this Issue and I hope we don't have lo come back to this. So, it is just. I just wanted lo say again, 11 is not jusl about the aggressive dogs that are comlng up lo the lods 0< the elderly people . fl IS the annoyance of them, of coming around them My kids, they don1 fear an dogs. they have an American Bulldog at their grandmother's house. And as you know, American Bulldogs aren't the nicest things just 10 run up lo So. they are used to being around doqs. bu l ii is just when l he dogs approach them lhat they have a problem w,th The parks may nol be used every minute of lhe day by the kids. by the famibes, but When we are there for 45 minutes or 3 hours during the day, mid-day, we would hke to know that we were safe and don't have to worry aboul dogs coming up from behind us and bothering us, jumping on us even If i. • a playful Jump, ii IS nol •••Y playfu l lo a kid when II knocks the kid over, Agai n thank you for your time and again , apologize to everyone who ,s here who has dogs and are very responsible. becauso I know there are responi.lble owners out there I'm Just lalk111g about the ones who are not and unfortunalely, they messed ii up for a lot you Thank you for your bme Mayor Woodward said thank you. Anna Hunt. an Englewood resident. said I moved Into the communily a couple of years ago I'm origlnaUy from L1llleton. I work with victim's assistance in Oenver I also have my own business. I would ,ke lo say Uhal f feel embarrassed about the whole situation Ms . Griego .. , and they ore such a small portion of the community to voice • for thi s lo have been created. II ls a life of It's own And I think that what's most imporlant is thal you hea r the word community a lot and the people from the dog park. lh1s ,s lheIr family. I mean, you know, you are creating hours. II IS not going lo work Thal Is the really II s no• go,ng i.l work Okay, you know. lhlS has become a ,oke. Thcs IS my second lime here and I've been silent, but I've had a lol of people apl)(oach me from lhe park lo say, you know. say something And I feel bad for Ms Griego because of your lenaclty and your audacity , Your energy could be spent In schools working with children , working w1lh kids, put your energy into something useful The dog park? Englewood City Council October 5, 2009 Page 18 Come on peoplE:, you know. let's get real here You know. the dog psrk 1s, you know. dogs are people's family You know, I come to lhe dog park I have taken people to their doctor's appomtmenls I have btened to their crisis I mean, this ,s my famtly , you know and I feel completely embarrassed lhal you know, you people lhe Council member you have lo understand that we as dog people are lhe maJonty We vote and I would like for you 10 understand that Thal we will mobtltZe We will make sure thal we will have our voice heard. You are not listening This Isn't going lo work Compromise. no This isn't about compromise, this IS about the reaily Ms Griego and all your bunch 1I 1s hes. The fabncaled ... pulhng people on YouTube are you kidding me? Come on people You know. this 1s a Joke and you know, I am going lo continue to take my dog, we will pohce our park . You people should be proud of the community of people lhat are here People come from all over Colorado to come to Jason Park, to come to Englewood You people should be proud of that Stand by lo lhe majonty, lhe bigger volce 1n lhls community, which are the dog people. Because ti IS our family And you know, we will continue 10 fighl And we will vole. So not to threaten you, you know, I'll run, I may sit here one day. You know what I mean? Because, you know, I have a lo1 of passion for lhls and I JUSI can't believe that th is 1s turned Into somelh,ng so ridiculous So, you know, I'm Just pleading with y()U. These hours won't work and as a single woman, If I am !here at night. and anything happens to me or any of my fellow women . because there are a lot or single women with dogs ... l don't think you want to read about lhal I really don't So. let's be reasonable and leave the parf<s status quo We take care of our own You know, trust us, you know, don't defeat us, be a part of us. Thank you Mayor Woodward said thank you • Laurett Barrentine. an Englewood resldenl s~1d I agree wtlh all of you on some level here. I agree wtlh you Thrs is a joke. II was a joke when the issue came up in ;1003 and 2005 and 2007 and II was a joke thal you got sucked Into this when lhey said. we wanl 10 comp,omlse, we want lo bring all !hose pelttlons and !hose people that are complaining about these 1Ssues, it was a joke because ii is the same thing they did. Englewood Unleashed proposed all ol lhese time Umlls and everything last time . It wasn't sa11sfactory to their constituency then and it's • not salisfaclory now It is a waste of ltme. II didn'I work last lime, rt's nol going to now You got suckered '" .. okay. Because then they wenl ahead and said, we wiU compromise and City Council can present lhis. Mosl of the people on lhat Board up !here wenl through lh1s and lhey know It didn't work. Ii can 't be policed, n can't be enforced and ii was never a viable option really for Englewood Unleashed and It Is never going lo be a viable option for lhe people who are trying lo use the park with the11 kids and !heir famdles e,lher So, 1 lhlnk, wh1I we can end up agreeing on Is that once agarn, this faux waste or time to go ahead and wear lhe heck ou: of eYo~rybody, wear them down and Just have 11 come up again and ii will come up again It will come up again wht1o Y•ball season happens and when Jhe dogs are running around and Interrupting the soccer games and then ii will become an Issue again and then It will go away. And unfortunately, lhey have worn the other side down enough and I know lhal they have gotten personalty allacked I experiencad enough of that myself and I'm sony for that I am sorry for lhe other side that your organization once again did a comprom ise on the inlenl or the proposal lhat they were actually maktng a senous compromise because II wasn't II was never going lo work. II didn't before Kim Love came up and made lhe same speech 1n 2005 and 2007 minus the Kennedy thing I think lhal was new ... okay. So I apologize for thal One of the lhrngs that I'm a ~Ille disappointed about ,s that lhe reason thal 11 keeps coming up 1s because there ,s a real problem There are some issues Maybe ii is nol to the ex1ent that you guys think ~ is but there are These people d1dn'1 lake their lime and now for her lo come down and make up stories ab.iul dogs because lhey wan t to go ahead and create havoc and gJVe City Council something else to do They were real issues and when !hose issues truly and honeslly gel addressed about how these guys are going lo work together 1n lhe park, maybe there wlll be a real compromise, bul lh1s was never intended lo be 11. And I'm sorry 11 was a waste or your time II was a waste of 1h1s orgarnzalion's ltme JUSI as much as yours And I appreciate the effort lhal you made and I am sorry lhat you guys gol dragged down here for something thal was never going lo be good enough for either side anyway. So I agree wtlh you guys ThJs isn't going lo work It d1dn'I work last 11me and II 1s nol going lo work lhis bme Thanks Mayor Woodward saKI thank you Mayor Woodward asked If there was anyone else who wanted to speak dunng the Public Hearing There was no • one COU NCIL MEMBER McCASLIN MOVED, AN D COU NCIL MEMBER PENN SECO NDED, TO CLOSE TH E PUBLIC HEAR ING TO GATHER INPUT ON A PRO POSAL TO RECOMM END TO THE CITY MAN AGER THE • Englewood City Council October 5, 2009 Page 19 SETTING OF SPECIFIC OFF-LEASH HOURS FOR DOGS FOR JASON, CE NTEN NIAL, DUNCAN, AND THE NORTHWEST GREENBELT PARKS TO BE EFFECTIVE JANUARY 1, 2010. SPECIFICALLY: MARCH 1 THROUGH OCTOBER 31 -OFF -LEASH HOURS FROM 6:00 A.M. TO 9:00 A.M. AND 7:30 P.M. TO 11:00 P.M.; AN D NOVEMBER 1 THROUGH FEBRUARY 28 OR 29-OFF-LEASH HOURS FROM 6:00 A.M.TO11:00 A.M. AND 4:00 P.M. TO 11 :00 P.M. Mayor Woodward asked of there was any comment by Council at th,s time We wilt not be debating thos unt d our next meeting Counctl Member Jeffecson said I iusl want to thank everybody tor coming out and VOtcmg theor opinion t know rt can be exhausting and emot10nat for a lol of folks on this issue. I know a lot of limes when you come to a public meeting like this and expect a resoluhon al the end Unfortunately, we are not going to have that tonight We will have some discussions on this and potenti ally vote on a mot,on two weeks from tonight Again, we appreciate eveiybody comwig down Mayor Woodward said and I would also like to mention that this was the opportunity for the pub lic to speak and I have, at least on my list that I was numbenng and rnakmg notes. 30 people thal did speak. which is very, I think, representallonal of the community Council now is 1n ex-parte communleatlon, which basicaUy means lhal we WIii not be talking lo other or talking to the public about this issue, and al lhe neX1 meeting, under guests, scheduled or unscheduled, we will nol be considering testimony at thal lime. Testimony was at this public hearing . Council Member Jefferson said sorry. Just a po,nl of danficahon on that Your Honor. So. I mean. somebody can make more general comments about the park, right, as long as It is not, you know. particular lo this particular motion that might be coming forward . correct? City Attorney Brotzman said correct The whole Idea lhat the public • hearing and not haVJng ex-parte communication Is everybody got to hear, the enUre public got to hear this and there was fuN d1SCtJssion and disclosure so lhe Idea is not to have conversallons after that because we want everybody 10 know why you are mak ing your decisions Council Member Jefferson said but I Just want to clarify that ,t os on the narrow . City Altorney Brotzman said right Couricll Member Jefferson said it is on the narrower path than I think 1s be,ng It is Just on these particular hours City Attorney Brotzman said correct Mayor Woodward said and I also want to mention that Englewood Unleashed provided something for our packet last week that is In lhe record and that there is also, In the record, a letter from Keely Sugden and Jennifer Enger. Vote results: Ayes. Council Members Penn. McCashn, Moore, Woodward . Jefferson. Oakley Nays· None Absenl Council Member 11\/~son Motion earned and the public hearing closed. The meeting recessed at 9·37 pm The meeting reconvened at 9 48 p m wolh all members present 11 Ordinances, Resolution and Motions (a) Approval of Ordinances on Flrsl Reading (I) O1reclor of Finance and Administrative Services Gryglewicz presented a recommendat10n from the Department of Fmance and Admln1slrat1ve Services to adopt a bill ror an ordinance approving the 2009 M1U Levy for collectlon In 2010 He said I think everybody is aware that this has been a long and d1fficutt budget • process We've had a number of times al Study Session. starting rn April Council got the proposed budge! September 10th and they are required to have thal. the proposed budget, by September 15~ of each year We had a public heanng a couple of weeks ago on September 21st and then. as staff and Council are aware. we had a budget workshop on lhe 26" of September Mel again al last week's Study Session and lhen just mel briefly tonight, jusl to go over the reconc1llallon oJ lhe ord inances and lhe budget worksheet thal the Council 1s very famol,ar with nght now But lh1s part of the budget bllls for ordinances 1s the mill levy thal 1s set rn 2009 and Eng lowood City Council October 5, 2009 Pago 20 collecled ,n 2010 For the General M,11 thal ,s lhe funds. General Fund achvrty ,s 5 88 mills and for lhe General Ob1Igallon Bonds is 2 031 mills Tolal milt levy Is 7 911 and I d,o. in my Council Communical1on. give an Illuslral1on of whal a homeowner In Englewood w,Ih a $200,000 .00 house would pay to lhe c,ty And ,r you look a IOok at lhat. lhey basically, for General Fund ac1Mties lhe General Fund provides Public Works , Parks. POiice, Fire, al of those pubhc services they pay $93 61 That's a pretty good bargain. The m,n levv for the General Fund has not gone up, I believe, since 1992 and the mI# levy for lhe bonds. a atizen wtth a S200,000 00 house would pay a $32 33. Those are the bonds that were issued to build Pirate's Cove , Improve the Malley Center, and lhe Rec Ce nter as well . Mayor Woodward asked 11 there were any queshons for Frank There were none COUNCIL MEMBER JEFFE RSON MOVED, ANO COUNCIL MEMBER McCASLI N SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 45. COUNCIL BILL NO 45, INTRODUCED BY COUNCIL MEMBER JEFFERSON A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF All TAXABLE PROPERTY WITH IN THE CITY OF ENGLEWOOD. COLORADO. Ma)'01' Woodward asked 1f there were any commenls. • Mayor Woodward said I Just want to make a commenl to reiterate what Frank said It is really an incredible value, I believe, lhat on a market value of $200,000.00, that lhe General Fund operatrons aQocallon all or the property laX, residential property taxes. Is $93.61 Thal Is an amazlng number compared to other ciUes We also have 532 ,33 for our General Obligation Bonds, for a total of $125.94 . and lhat ,s for a lull serv,ce city. Md fn compamg tha~ • you would have to take into consideration parks distncts. Nbrary districts, flre districts and all ol lhe other districts that are associated with other cities. So, I am really proud of that number I think that's really lmpress,ve and maybe the lowest ,n the area He asked ~ there were any Olher comments Cou ncil Member Oakley said affer spending many hours on other subjects, rm not sure anybody will be l,stenlng to the recording by now For lhe record, I think it shou ld be slated thal because of the TABOR restrict10ns to the City, we cannot raise the mill levy without a vote of the people That's the reason 11 hasn1 been ralSed slnce 1992 In talk1119 to a lot of people. lhey don't understand that They lhink that they can be raised on a whim and 11 certainly can't. Council Member Mccaslin said I also beheve the total lax Is S10.44 a month To me, that 1s qu,te a bargain. 11,s 1ust unbelievable I guess that's all I have to say Vote res u lts: Ayes· Nays. Absent Council Members Penn. Mccaslin, Moore, Woodward, Jefferson. Oakley None Council Member Wilson (II) D1recIor of Finance and Admlmslralive Services Gryglewicz presented a rec01M1endation from the Department or Finance and Adm,nistrallve Seiv,ces lo approve a bill for an ordinance adopting lhe 2010 Budget for the City of Englewood. He said, as I said earfoer, Council IS aware ol this II has been a very difficult process. I would hk, to again thank lhe employees of the City, because they gave up wage increases, some or their benefits were rc-duced , their personal leave payouts, we've frozen positions to make this budget work, particularly In the General Fund, which I Just said really provides those general public services that the cll1Zens of Englewood rely on So. I'm going to locus on thal, as far a~ the nu mbers are concerned We are looking al an • eshmaled fund balance January 1, 2010 ,n the General Fund of $8,518,581 00, total sources of funds fOf 2010 ,n the General Fund Is $40,377,398 00 . total uses of funds $40. 616,941 00 and that will leave an ending total reserve of $8,279.038 00 and lhe end ing unreserved, undes,gnaled fund balance w~I be Just over 10% As you can see ,n theordmance 11 ,s broken down by the General Fund and then Special Revenue Funds. Debt Service Funds. • Englewood City Council October S, 2009 Page 21 Capital Proiects Funds, Enterprise Funds and Internal Service Funds But as I said , I focus on lhe General Fund because of the p,ovls100 of the services to the public Mayor Woodward asked 1f !here wer~ any questions for Frank. There were none . COU NCIL MEMBER PENN MOVEO, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (1) (II) • COUNCIL BILL NO. 46. COUNCIL BILL NO 46. INTRODUCED BY COU NCIL MEMBER PENN A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO. FOR THE FISCAL YEAR 2010. May0< Woodward asked~ there was any discussion Council Member Moore said Your Honor, I would Jusl like to make a few comments. Once again, a very, very tough budget I think Counol did a great job working through the issues and the process that we went through trying to rmd balance that WO<ked across seven different 0ptnions I thinll a went wel, out ... reany focusing on the budget first and foremost. I want to thank the staff ... the sacrifices that the staff was willing to make allowed us to be able to presen~ at least, a livable budget where we did manage to still maintain a 10% minimum reserve, which given how quickly the economy can go either way, even where we are now, I know I personally think that this is extremely important We also avoided touching the Long Term Asset Reserve f0< the sake of operations currently. And again, with the staffs help ... because of the staffs cuts, we were able to achieve those goals and avoid layoffs . • And so, I really appreciate that I think we have a budget that hopefully works. The one downside, of course, Is that things can certalnly delenorale further Hopefully, that is not the case. If it is, then more tough decisions will be necessary, but based on where we are now. I am very pleased wrth where we were able to come out on lhts budget. Thanks very much . Mayor Woodward said I would certainly Uke to second what you said and thank staff I know that staff has been working a long, long bme on this, longer than typical for a budget. I also feel that we have a good budget that wil be monitored ... certainly again In December and February as we look at these and see where we are at. Mayor Woodward asked ff there were any other comments. There were none. Vote results: Motion carried . Ayes: Nays · Absent Council Members Penn, McCaslln, Moore, Woodward , Jefferson, Oakley None Council Member WilSon (•I Oirect0< of Finance and Adm1mstrabve Services Gryglewicz presented a recommendation from the Department of Finance and Admmistrative Services to adopt a blff for an ordmance approprlal/ng funds for the 2010 Budget for the Cily of Englewood . He said basically this provides legal authority 10 expend funds m 2010 F0< the General Fund, the total appropriation Is $40,6 16.941 00 The rest of the funds are also broken out 1n this biH for an ordinance Mayor Woodward asked if there were any questions for Frank, The re were none. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill)· COUNCIL RILL NO. 47 • • COUNCIL BILL NO 47, INTRODUCED BY COUNCIL MEMBER McCASLIN A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO. FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING Englewood City Council ()(:tobor 5, 2009 Page 22 DECEMBER 31, 2010, CONSTITUTING WHAT 15 TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2010 Mayor Woodward asked if there were any comments There were none Vote results: Motion earned. Ayes· Nays: Absent Council Members Penn, Mccaslin, Moore, Woodward , Jefferson, Oakley None Council Member Wilson (IV) Owector of Finance and Admimstrabve Services Gryglewicz presented a recommendation from the Department of F'Nnce and Admiruslrabve Se,vices lo adopt a btH for an Ollfrnance approving the 201 0 Budget for the Littleton/Englewood Wastewater Treatment PlanL He said beginning funds avaltable for the fund is S115,674 00, total soorces of funds and uses of funds are $16,400,883 00 and with an ending funds available of $115,674.00. Mayor Woodward as ked If there were any questions. There were none. COUNCIL MEMBER MOORE MOVED, ANO COUN CIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Iv) -COUNCIL BILL NO 48. COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER MOORE • A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER • TREATMENT PLANT FOR THE FISCAL YEAR 2010 Mayor Woodward asked if there were any comments There were none. Vote results: Motion carried . Ayes: Nays. Absent Council Members Penn, McCaslin, Moore, Woodward, Jefferson, Oakley NonA Council Member Wilson (v) Director of Finance and Administrative SeMces G1yglewlcz presented a recommendation from the Departmenl of Finance and Administrative Services to adopt a bill for an ordinance appropriating funds for the 2010 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said the total appropriation for the Littleton/Englewood Wastewaler Treatment Plant for 2010 Is $16,400,883.00. Mayor Woodward asked if there were any questions There were none. ':OUNCIL MEMBER MOORE MOVEO, AND COU NCIL MEMBER McCAS LI N SECON DED, TO APPROVE AGENDA ITEM 11 (a) Iv) -COUN CIL BILL NO. O. COUNI..IL BILL NO. 49, INTRODUCED BY COU NCIL MEMBER MOORE A Bill FOR AN ORDINANCE APPROPRIATI NG MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT V.NT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEM81:R 31, 2010. CONSTITUTING WHAT IS TERMED THE AN NUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2010. Mayor Woodward asked If there were any comments . There were none. Vote results : Ayes Council Members Penn , McCasl111, Moore, Woodward , Jefferson, Oakley • • Englewood City Council October 5, 2009 Page 23 Nays: Absent Motion earned None Council Member Wilson (b) Approval of Orc!inances on Second Reading (i) Council BiU No. 42 as amended. amending Title 5 (Business and License Regulations) of the Englewood Municipal Code by the addition of a new Chapter 22 pertaining to Medical Man1uana Primary Car11-Givers was considered CO UNCIL MEMBER PENN MOVED, ANO CO UNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 41 , SERIES OF 2009. ORDINANCE NO. 41 , SERIES OF 2009 (COUNCIL BIU NO. 42, fHTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW CHAPTER 22. PERTAINING TO MEDICAL MARIJUANA PRIMARY CARE-GIVERS. May0< Woodward asked II there was any discussion. There was none. Vote rHUIII: Ayes: Nays: • Absent Motion carried. Council Members Penn, McCasHn. M00<e, Woodward, Jefferson, Oakley None Council Member Wdson (ii) Council Bill No. 43, amending Tltle 7, Chapter 60, Section 12 of the Englewood Municipal Code entitled Possession of Marijuana Prohibited pertaining to enfO<Cement was considered , COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Ii) • ORDINANCE NO, 42, SERIES OF 2009. ORDINANCE NO. 42, SERIES OF 2009 (COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WILSO N) AN ORDINANCE AME NDING TITLE 7, CHAPTER 60, SECTION 12, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED POSSESSION OF MARIJUANA PROHIBITED WHICH PERTAINS TO ENFORCEMENT, May0< Woodward asked If there was any discussion There was none. Vote rHulll: Motion carried. Ayes: Nays Absenl Council Members Penn, McCaslm, Moore, Woodward . Jefferson, Oakley None Council Member Wilson (c) Rasolullons and Motions (I} Director Gryglewlcz presented a recommendallon from the Department of Finance and • Administrative Services to approve a resolution establishing licensing lees for Medical Marijuana Primary Care• Givers He said the council bin was Just approved by Counal a couple of minutes ago. This is set al $250.00 for the license. the background lee Is S50.00 and the application lee Is S15 .00. As Council ls aware, we generany review these licenses ann uatty We are sort of going onto unchartered waters here because this is a new license. We really don't know how much administrative time th is will lake, but II it looks like this 1s going to take more than Englewood City Council October 5, 2009 Page 24 this, we'll review this with Council with the ~n nual review of hcense fees Bui as I said, we're suggesting a fee of $250 00 and the background fee and the apphcation fee are standard Mayor WoodWard asked tf there were any quesllons for Frank Council Member McCashn sa,d and r agree If you read the papers, lately there are a lot of cities dealtng with this same issue So, I think everyone is struggling with these Issues. I think, hke you said. I think 11 is unchartered water right now and we have to be careful what we are doing I know it's been passed by the people, but we shll have to be cognizant of some of the issues that we haven't confronted yet So thank you for your ltme on this Councll Member Penn said Frank, haw did we come up with the $250.00 fee? Was it by what we thought we were 90,ng to do or use ror administrative purposes? Was H according to other mumc,pahties? Was It jost eslabhshed? How was that established? Director Gryglewicz rephed actually I reviewed our other miscellaneous fees and I took a look at those and tried to determine the amount or time that we would spend on this. I looked at this as about where a Purchaser of Valuable Articles license would be .. I don't think it Is going to be as much as say a pawn broker or an auto pawn So I set in right In the middle there unhl maybe we can get some more 111formation I don't believe anyone, a! thlS po,nt ,n hme, has set a icense on this As I said, ,,e can set It here 1nrtially and review these as others come on-hne, to see where we are ,n the market But of course, fees are dete rmined really on the amount of administrative work additionally that you would do for this. I con'I believe that we can charge above that, so we try to just get a handle on it at this point In time. Council Member Penn said thank you very much • Mayor Woodward said on this, with the pnmary care-givers ~ is $250 00 and then the background fee cs S50.00. Now If It Is an establishment. Is that background fee only on ... I mean does that cover all of the employees that are • in th e establishment or just the one pnmary ca re-g ive r? Director Gryglewlcz said this license Is licensed to the primary care-giver, so each person that Is a primary care-giver needs to be licensed and have a background check and pay an application fee Mayor Woodward said okay. COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITE M 11 (c) (I)· RESOLUTION NO. 70, SERI ES OF 2009. RESOL UTION NO 70. SER IES OF 2009 A RESOLUTION ESTABLISHING ANNUAL LICENSE FEES FOR MEDICAL MARIJUANA PRIMARY CARE- GIVERS FDR THE CITY OF ENGLEWOOD, COLORADO Mayor Woodward asked If there was any further discussion Council Member Jefterson said yes, I just wanted to commenl that I am really proud of where we are al on this ISSl<e. I think we've really been proacllve about setting a license lhat's not overty restrictive on the businesses but addr~sses the concerns of the communrty on, you know, who 1t 1s sold to and things of that nature And I guess I will just leave 11 at that Thank you Mayor Woodward said 1s there anything else? There was nothing else. Vote results: Motion carried . Ayes Nays Absent Counc,t Members Penn, McCasfin, Moore, Woodward. Jefferson, Oakley None Council Member WIison (le) Cornmuncty Planning and Housing Coordinator Stitt presented a recommendation from the Commun~y Development Department to approve a resolutoon authonz1ng the Communi ty Development Block Grant Program Apphcatton f.:>r the Year 2010 He satd staff has been s ,tt.,g these apphcahons to the County for almost 32 yea rs and for the last 19 years. have been applying throuyh Arapahoe County. Arapahoe County • • Englewood City Cou ncll Oct ober 5 , 2009 Page 25 became an entnlemenl ent ity in 1991 and as a Iunsdtct10n In Arapahoe County we have lo apply !hrough lhe County The funding that we are requesting, from the County, would total about 5175 ,000 000 for three programs: $100,000.00 for a new program for energy effic,ency ,mprovemenls to homes In the commun11y. $50,000 00 for conllnualion of our housing rehabllltalion prog ram. and then $25,000 00 of continuing support for lhe House of Hope for a,~1mstratIve purposes These grant applicallons would then be submitted lo Arapahoe County for conslderal1on by the County Commissioners and 1f approved, funding would be available in June 2010 Mayor Woodward asked If there were any quest/Oils for Harold Councd Member McCaslln asked If there was any more funding available out there. Community Planning and Housing Coord1naIor Stitt replied actuaffy we're requesbng $25,000 00 more than we have in the past several years, primarily so thal we can increase the amount of money available for lhe energy efficiency program, but the amount of money available Is limited by the amount that the Department of Housing and Urtlan Development provides through lhe Stale lo Arapahoe County. The County also has lo pro'Jide funding for the cities of Littleton, Sheridan, Glendale. Deer Traff, and Greenwood Village, so we are essenllally In competition for S 175,000.00 with those other communities COUNCIL MEMB ER McCASLIN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II)· RES OLUTION NO. 71, SERIES OF 2009. RESOLUTION NO. 71, SERIES OF 2009 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH • ARAPAHOE COUNTY FOR A 2010 COMMUNITY DEVELOPMENT BLOCK GRANT Mayor Woodward asked if there was further discussion There was none Volt results: Mollon carried. Ayes· Nays: Absent Councll II.embers Penn, McCastin, Moore, Woodward, Jefferson, Oakley None Counal Member Wilson (In) Community Planning and Housing Coordinator Stitt presented a recommendation from the Commun ity Development Department to approve a resolution clarifying signing authority for the Neighborhood Stabilization Program Grant He said the contract that was entered into by Council several weeks ago for the Neighborhood Stabilization Program funding, in the amount of approximately 1.2 minion dollars, specifies that the Mayor Is the primary slgnator for all reque sts for grant funding and because of the tight timeframes built Into that program and the mechanisms by which we wilt be able to acquire single family homes in the community, we are requesting that that authorization be extended to the Department of Community Development Director so that. in a timely maMer. we can get requests subf!lltted to the Stale. The funding that Is available, tho 1.2 million dollars, Is a grant from the Federal guvemment and the City wlll be able to draw on those funds on an as needed basis. The process works by which we submit a draw request for expenses Incurred and the State will lhen have to make a similar request to the Federal govemmenL Because of the time Involved, it is imperative that we get these requests in as soon as possible and ensure that the funding flows from the Federal govemment to the State and then hence to the City of Englewood. So requesting that the Department Director have the authority to sign wi ll speed this up and not overly burden the Mayor, who I'm sure, is qurte busy. Mayor Woorward asked if there were any questions There were none • COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 {c) {Ill )· RESOLUTION NO. 72 SERIES OF 2009. RESOLUTION NO 72, SERIES OF 2009 Englewood City Council October 5, 2009 Page 26 A RESOLUTION CLARIFYING SIGNING AUTHORITY FOR CITY OF ENGLEWOOD, COLORADO FOR THE PROGRAM AUTHORIZED BY ORDINANCE NO 37 SERIES 2009 FOR THE NEIGHBORHOOD STABILIZATION PROGRAM GRANT Mayor Woodward asked ,f there was any discussion There was none. Vole results: Motion carried Ayes Nays Absent Council Members Penn , Mccaslin. Moore, Woodward . Jefferson. Oakley None Council Member Wil son Counal Member Moore said Y01" Honor, may we ask that . IS 11 all nght d we ask Sue Just to go ahead and present all three of these together? Given the11 similar ity .Agenda Items 11 (c) (iv), M , and (vi)? Mayor Woodward responded yes , (iv), (v) and ('11) Direct°' of Human Resources Eaton presented the three recommendallons • frocn the Human Resources Department lo adopt a resolution app<O'llfl9 a Memorandum of Understanding amending the Collective Bargaining Agreement between •he Englewood Police Elenefit Assoc,alion and the C,ty of Eng lewood regarding employee conlribut,ons for Insurance premiums in 2010, lo adopt a resolution approving a Memorandum of Understa nding amendi ng the Collective Bargaln,ng Agreement between the Englewood Fl,.ftghlers Associabon and the City of Englewood regarding employee conlnbuliOns for Insurance premiums in 2010 and lo adop! a resolution approving a Memorandum of Understanding amending the Collective Bargainang Agreement between the Englewood Employees Associabon end the City of Englewood regarding employee contrlbullons for insurance premiums in 2010 . She said, as we have discussed before. the City's three collecl1ve • bargaining agreements refer lo employee premium participation in a single plan medical Insurance model. The MOU's ouUine conlnbubon levels lor a two plan model. Employee contributions fc, the base City plan wlU be 7 ½% lower than the percentages descnbed in the contract and the employees choosing the buy-<ip plan, the second selection, will pay the difference between the premium costs of the two plans The MOU's are essentially the same for all three of our unions COUNCIL MEMBER MOOR E MOVED, ANO COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE AGENDA ITEMS t1 (c) (Iv), (v), and (vi)· RESOLUTION NO. 73, 74 and 75, SERIES OF 2009. (Iv) RESOLUT10I'WO n , SERI ES OF 2009 I.. RESOLUTION ALITHORIZIN(; AN AMENDMENT TO THE COLLECTIVE BARGAI NING AGREEMENT BE1WEEN THE ENGLEWOUD ;,oucE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2010 THROUGH DECEMBER 31 , 2010, PERTAINING TO "ARTICLE 22 - INSURAN CE: (v) RESOLUTION NO 74, SERIES OF 2009 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2010 THROUG H DECEMBER 3 1, 2010, PERTAINING TO "ARTICLE 24 - INSURANCE." {YI) RESOLUTION NO 75, SERIES OF 2009 A RESOL UTION AUTHOR IZING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT • BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1 2010 THROUGH DECEMBER 31 , 2010, PERTAINING TO "ARTICLE 21 - INSURANCE. • Englewood City Council October 5 2009 Page 27 Council Member Moore said appree1at,on lo all of the un,ons lor cons1derIn9 lh1s opuon and lor being w1lhng to pursue 1' Couool Member Jefferson said I'll second those comments Thank you to stall for that Mayor Woodward asked ,f there were add1tv.inal comments Mayor WoodWard said I just want to note that this Is included m our budget !hat we approved earlier Again thank you to staff for your cooperalion Several Counci l members said thank you Mayor Woodward asked If there were any further queslions There were none. Vote results: Mobon earned Ayes Nays Absent Councd Members Penn, McCastin, Moore, Woodward. Jefferson, Oakley None Council Member Wilson Director Eaton said thank you. Mayor Woodward said thank you Sue. 12. General Discussi on (a) Mayor's Choice (1) Mayor Woodward said I woulJ hke to menlion lhat we are dedocawig lhe opening of our , , ,.,.,, bndges pedestnan and b,cycfe bridges on 171h of October, at 10 am at Broken Tee Englewood at the ., • Course. There w,11 be tents set up and people from lhe County, people from lhe Great Outdao< Colo<ado have t,;,en Invited. I'm, 1 e there will be people some from the public It should be. hopefully , a nice day and we will have the fall colors tnere. I know the South Platte Working Group. we m,t last week Their members will be coming and they are excited about seeing it. those who haven't see n it. I wanted to mention that. Again, that's October 17ffi at 10 am at Broken Tee Englewood, which Is our Golf Course over on Oxford. (•) Mayor Woodward said I would like to adrress lhe rumor that's out there right now regarding campa,gn Signs and wt-o's responsible and that sort of hlng I also want to menlion that initially I had put 111 a Council Request that was part of our packet from last week n.• came in Thursday, regarding Signs showing up missing in District 4 And then last Thursday, I had called Chief V, odermee, !hat's when I emaied 111111, in the morning to ten him about what appeared to be a number of numerous signs that were m,ssmg In District J, lndud1ng from my front yard, my ne,ghbor's yard. and all over and asked that the officers on patrol be looking for where lhe signs might be as they have shown up In past years .. In 2007, I believe It was Rotolo Par11 where we got lhem, I'm su·e they've shown up at Randy's house In different years; I know they've shown up at the high school along with other ones. Well, I got a call late Friday or Thursday afternoon that they were In lhe 4500 block of South Pearl. I went down to the yard and retrieved Wayne's and mine and knew the house It was the home of the Engle"w~ High School Football Coach And there were other signs, of course, other campaign signs of candidates. Mall'• were there Rtdt's were there Roofing companies' signs were there. Singles Only signs were there All klrlds of signs were there And then I ge! an emad w,fh somebody sendmg me something that actually calls out thal Bob McCaslin and I are responS<ble and that this h,gh school p,ank. as lhey noted, was that we were behind n arid that I guess we had control over chee~eaders and footbaff players and I 11 Is Just more beyond believable to me, the rumor miff I know I took probably clo!e to 40 signs out of lhat yard Oon1 know where lhey qo Replaced them yesterday Waited untli alter the homecoming dance Sbll have more to go One t replaced last n,ght was gone by this morning <;o signs are still disappearing and It Isn't the high school kids at this poi nt And It Isn't • myself and I don't think Its Bob or Wayne . Council Member Mccaslin sai~ no, ll's not I'll go on record, with a Bible here, th. 'l's not I had nothing to do with ii Mayor Woodward said what I saw was Just very insulting to the school and to Bob and I Whose responsible for 11 should just really learn to grow up or something Get a life Do somethmg Very negative I have my thoughts on lhat one Englewood City Council October 5, 2009 Page 28 (111) Mayor Wooa,,ard said I want to thank the people, aN of the people. that showed up for the public heanng and I know that there was a lot of people and I see lour left. that commented I appreciate you even staying for thaL (IV) Mayor Woodward said I would also hke to address Mr Estes .. try to address what he was talking about He brought up this stuff from May 25, 2007 .. Englewood nea~y bankrupl It 1s 2009 In 2007, we ended the year pretty good Things did turn around and certainty last year we ended, considering the year. better than we expected I think we have had a handle on our budget I wouldn't call us nearly bankrupt right now. So, I don't quite know what the point was He had mentioned that he had put 1n Council Reques!s I don't know how he can do that not being a Council member, unless he has asked some Council members something and Council members didn't tum tt Into a request But a Council Request comes from a Council member, So, I don't know what he is talking about with regard to his Co uncil requests. (v) Mayor Woodward said and then finally I want to bring up the sign moratorium .. the resolution that we have been looking at or discussing the resolution recommending to the City Manager ol the City or Eng lewood, Colorado lhe esta bhshment of a Temporary Suspension or Moratorium on the enforcement of select provisions of the Englewood Municipal Code 2000, the Sign Code, pertaining to Banners and Portable SiQns for a period of four months Of course, that could be extended from the four month per,od (Clerlt', • •te: ,ms was rrsted on the Agenda as 12 (b) (I) J MAYOR WOODWARD MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE RESOLUTION NO. 76, SERIES OF 2009. RESOLUTION NO. 76, SERIES OF 2009 A RESOLUTION RECOMMENDING TO THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO THE ESTABLISHMENT OF A TEMPORARY SUSPENSION OR MORATORIUM ON THE ENFORCEMENT OF SELECT PROVISIONS OF THE ENGLEWOOD MUNI CIPAL CODE 2000, THE SIGN CODE, PERTAINING TO BANNERS AND PORTABLE SIGNS FOR A PERIOD OF FOUR MONTHS. Mayor Woodward said I would like to open It up for discuSSIOn at this polnl Council Member Jefferson said I would Just like to comment I think we did a pretty good ,ob of narrowing down the moratorium to some areas that really were more at the heart of the issue, the recent Issue. I still have a little bit of concerns about rt, but I wiU be supportive of what's In front of us. Mayor Woodward said I have shared this with a few members of the BID ... the president, vice president and treas urer ... Ted Vasifas, Rd< Reese and Bob Laughlin .. and I think you know the Idea is that they believe that there may be some economic opportunities with this change. II grves ACE and P & Z the opportunity to slart looking at things and it also gives the business community the opportunity to. as they said , I believe. police themselves on some of th,s I know I maode 11 clear that I sure didn't want to get Into a pos ition th at we were looking Ike parts of east and west Colfax or parts of Federal Bou levard, They didn't want that either. So, that was good I want to compliment the City Attorney's office on wnt,ng this to cover the things that we had discussed, I believe. at our last meeting. That's my comment Council Me mber Jefferson said so one qulcic question, under Sectoo 4, Is that language in there to try to get us out of a. . City AHomey &otzman answered It is actually required. The case law requires the temporary suspensfon language .. that's taken right out of the cases. Council Member Jefferson said okay. I don't know. I remember we talked a httle bit about a potential taki ngs rssue about some of this. Is that addressed here at all? City Attorney • • Brotzman said yes If you look at the very last Whereas What we are doing Is basicelly giving a warning that if you • are ~uylng a banner, then al the very least. you are tak,na a nsk. Mayo, Wooa,,ard said they are taking the risk Tt.ere't ,.., grandfathering based upon this. II does address the publtc right-0l-way that we passed last year, the fences. And side-yard fences . correct me~ I'm wrong Dan, are still not ap,,oved with in this Coty Attorney Brotzman said correct Mayor Woodward continued and then ol course . • Englewood City Council October 5, 2009 Page 29 any prohtb1ted, hazarcloos or abandoned signs or signs that need main1enance win not comply I have had two calls lhis week from ... a call and an email from people with d1sabii1hes thal were concerned I 1ned 10 reassure u em thal the rlghl-of-wa•·• the openings would be enforced for ADA and access for them. Mayor Woodward asked ff there was any olher d1scuss10n Council Member Moore said I'll comment I win be reluctanlly supporting this tonight. I . lhe rules that are 1n place were set up after going through due process I think thal this suspenSIOII of enforcemen11s hasty t don't appreciate the way lhls subjecl came lo our attention, although I missed thal particular Council meeting. I don'! like that thal's how this whole thing started . Nor do I agree with the portrayal that the City of Englewood is antl- bumess as opposed 10 businesses just need1"!9 lo recognile government bodies aren't meant to be able lo operate quickly olherwise they're too easy to be Influenced. I win only be in support of this because Ifs limlled to lour monlhs. I'm willing to support lhe experiment, even !hough I lundamenlally oppose setting laws In this manner. I think that the process we were under In terms of public hearings, gathering inpul, going through all of the right steps is the way we should be doing this. That's my two cenis. Council Member Jetterson said I too have concerns aboul the process and the potential ramifications. Like I said, I think we have done a good lab of limiting the amount of damage .. t guess, so lo speak ... thal could be done I will generally agree with John's slalements there and I too will be cautiously supportive of this. Mayor Woodward asked If there were any other cornmenls. Council Member Penn said I would just like to say thal we are putting this oul for them as kind of an experiment like John said, Hopefully, knowing, as professional as our bu siness people are. lhat they will take care of this and do a • great job I mean, that's our expedation that they will take cate of II. They've asked for this. I think we've listened to lhem and so now I think ll's ... hopefully they will respond and do a very professional job at handllng this sftualion. Council Member Jetterson said and hopelutty thlS ls a step In the nght directlon, as far as giving the appearance of being mo,e business friendly. I know that there Is that perception out there that we are not husiness friendly and again, whether tnue or not , I think this will help a llevlate some of that perception , At least, sh ow business owners In the community that when Issues do come up we are responsive and responsive in addressing businesses· concerns In our communities Mayor Woodward asked if there were any olher comments There were none Vote results: Mobon carried. Ayes· Nays. Absent. Council Members Penn. Mccaslin, Moore, Woodward, Jefferson, Oakley None Counal Member Wason (b) Council Members' Choice (i) Council Member Oakley: 1 He said ,n regards to the public heanng, I believe that there were a few pomts brought out lonlgh~ but I th ink I'll hold my th oughls until we aclually start talking about It because II will be the most producbVe time to do IL 2. He said stnce acquisftions were leveled against Council on !ta subject of signs, I WIii stale thal I losl a lui 25% of my signs between Tuesday and Thursday. I was able lo relrleve a fair port,on of them, but they were • seve rely damaged, So, ii appea rs to be across the board on all candldales. 13 City Managor's Report City Manager Sears did not have any mailers lo bring before Council Englewood City Council October 5, 2009 Page 30 14. City Attorney's Repon (a) Clly Atlomey Brotzman presented a motion to settle Jelftrson County Distrid Court Case No. 2008-CV5163 -Norkoli vs. City of Englewood for $20,000 This is the garage door case at Bl-City Council Member Jellerson said I'm sorry. Which case is this again? City Attorney Brotzman rephed the garage door at the Bl-City planL Council Member Moote said I certainly support the City Attorney's advice In lhls matter, so I'll make the motion to proceed with this settlemenl COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE A MOTI ON TO SETTLE JEFFERSON COUNTY DISTRICT COURT CASE NO. 200B-CV5163 -NORKOLI VS. CITY OF ENGLEWOOD FOR $20,000. Mayor Woodward asked W there was any dlscussioo needed. Council Member Oakley said for the record, It was strictly financial. It woold cost us just as much one way or the other, correct? City Attorney Brotzman said correct. Vote reautt.: Ayes; Nays: Absent MotlOn carried. 15. Adjournment Council Members Penn , McCaslin, Moore. Woodward, Jefferson. Oakley None Council Member WUson • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT October 19, 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES -PLEASE PRINT rl~ ------. €fo L ~ -------,'(Y1 I> [' .,.\ 't) C ADDRESS @ • • • ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCll. Bll.L NO. 44 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AlITHORIZ!NG A "GRANT Of EASEMENT" TO PUBLIC SERVICE COMP ANY OF COLORADO/XCEL ENERGY TO INST ALL UNDER GROUND CONDUIT FOR ELECTRICAL SERVICE AT 1074 WEST DARTMOUTH AVENUE. WHEREAS, the Public Service Compa:ny of Colorado wishes 10 inst.all electrical lines in condui1 under the Ci1yofEnglewood owned property localed at 1074 WCSI Dartmowh AvClllle; and WHEREAS, the Public Service Company of Colorado a.ssumes full and stric1 liabilily for any and all damages of every narure 10 penons or property caused by or in coMection with the crossing installation by Public Service Company of Colorado; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY Of ENGLEWOOD, COLORADO, AS FOLLOWS: ~-ihe Grant Of Easemenl between Public Service Company of Colorado/Xcel Energy and lhe City of Englewood. Colorado for lhe inslallation of an underground conduit and electrical lines for elcc.rical service al 1074 West Danmouth Avenue, attached hereto as "Exlul>it l, and consists of iwo (2) parcels," is hereby accepted and approved by the EngJewood City Council. ~-The Mayor is alllllomed to execute and the Ciry Cleric to anest and seal the "Grant of Easement" for and on behalf of lhe City of Englewood, Colorado. Introduced, read in full, and passed on first reading on lhe s• day of October, 2009. Published as a Bill for an Ordinance in lhe City's official newspaper on the 9• day of October, 2009. Published as a Bill for an Ordinance on lhe City's official website beginning on lhe 71h day of Oclober, 2009 for lhirty (30) days. Read by title and passed on final reading on the 19th day of October, 2009. Published by title in lhe City's official news~per as Ordinance No._. Series of 2009, on the 23rd day of October, 2009 • 9 bi Published bi-title on the City's official website beginning on the 21st day of October. 2009 for thirty (30) days. James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucri shia A. EUis, City Clerk of the City of Engl ewood, Colorado, hereby cenify that the above and foregoing is a true copy of the On!inancc passed on final reading and published by title as Ordinance No._, Series of 2009. Loucrishla A. Ellis • • • • • • GRANT OF EASEMENT Tl-llS Grant of Easc:coem (this "Grant") 1s made this __ day of ___ ,.,...__,_ ----~ 2009 . by the crn· OF ENGLEWOOD ("Grantor'1 whose address is 1000 Englewood Parkway, Englewood, Colorado 80110, 10 the PUBLIC SERVICE COMPANY OF COLORADO/XCEL E\'ERGY, ("Grnntec") whose legal address is 1225 17'" Street, Denver, Colorado 80202-5533 The parties covenan: and egrce as follows: I. Easement Propen,. The "Eescmeot Property" shall mean the real property located in tbe County of Arapahoe; State of Colorado. more particularly descnl>es u a portion of Pan:el No. 1971-33400--079, also lcnown as 1074 West Dartmowh Avenue, u shown on Exhibit A. attached hereto and incorporated bercin by refen:nce. 2. Consideration. As ;:onsidmtion. Grantee bas given Gramor ten dollan ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Granlor. 3. Grant of EasemenL Gmn1or hereby grants umo said Company, its successors and assigns a non-exclusive casement to construct, operate, maintain, repair and replace utility lines and all fixnu-es and de-;ces, used or useful in the operation of said lines, lhrough, over, under, across, and along t coutSe u said lilies, u shown on Exhibit A. 4. ~-Grantee sba!J have the perpetual, nonexclusive right of ingress and egress in, to, over, lhrough and across the Eascmcm Property for any purpose necessary or desirable for Lbc full enjoyment of lhc righi. granted to Gnntee under this Grant S. Restoration. Gtam« agrees that after the construction, maintcnancc, repair, replacement or cnlargcrncnt, if my, of the electric utility line, Grantee shall restore the surface of the Eascrncnt Property as nearly as possible to the grade and conditions existing immediately prior to said construction. maintenance, repair, replacement or enlaracment. Grantee further agrees 10 replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said consuuction, maintenance, repair. replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements . Grantor co,·enants and agrees not to consuuc,, erect, place or plan any "Improvements," as hereinafter defined, on lhe Easement Property without obtaining the prior wrinen consc,Jt ofC.rantcc . "Improvements" shall mean any structure, building, planting, trees, shNbbcry. or garden other than a grass type lawn except for any required 0ood control faciliocs 7. Subjaccnt and Latcn) Suppon. Grantor covcnams and agrees that Grantee shall have the right of subjaccnt a::id !literal support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisw.-t.:d enjoyment oftbe rights granted to Gnntcc under this Grant . 8. Rjghts ofGrnmor. Granter reserves the full right 10 the undisturbed ownership, use, and • occupancy of 1hc Easement Property insoflll' as said ownership , use and occupancy is consis1c:n1 with and docs not impair the rights granted to Grantee in this Grant. 9. ~bandonment. In the event that Grantee shall abandon the rights granted to ii under this Grant, all rights, 1i1lc and interest hereunder of Grantee shall cease and terminate, artd Granier shall hold Easement Property, as the same may then be, free from the rights of Gl'lllltee so abandoned and shall own all materials and structures of Grantee shall have a reasonable; period of time after said abandonment in which 10 remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Granter shall have the right, a1 its sole option, 10 require Grantee 10 remove or neutraliu any improvements constructed in the Easement by Grantee. 10. Wananty o(Ut!e. Granter warrants and rc:praeru.s lhat Granter is the owner of the Easement Property and lhat Granter bas full right, title and authority, to grant and convey to Grantee the Easement. 11. Bjndjng Effcet. This Grant shall extend to and be binding upon the heirs, personal rc:pracntalivcs, successors and assigns of the respective parties hereto, The lcmls, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WTINESS WHEREOF, the parties hereto have executed tM Gnuit of electric utility line easemi:nt the day and year first above written. GRANTOR: Cuy of Engl.:wood, Colorado ATTEST By:--------- James K. Woodward, Mayor Loucrisbia A. Ellis, City Clerk -2- • • • • • STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) GRANTEE: PUBLIC SERVICE COMP ANY OF COLORADO BY.--z+fi~====~-Jay A A cnt for Public Service Company Colorado Re onal Vice President, Customer and Community Service Deparunent The foregoing instrumeot was aclcnowledged before me thi~ day of IJ.«JI., st , 2009, by Jay Hemnann as tho Regional Vice President, Customer and Community Service Department of the Public Service Company of Colorado. WITNESS my band and seal . My Commission expires : lt/;..7/~t'O . e;J.$n. A :2,ez Notary Public MyCommissal EipJ.i.111291.5)10 -3- • • • EXHIB IT A EASEMENT NO. I AN EASEMENT SITUATED IN THE SOUTHEAST QUARTER OF SECTION 33. TOWNSHlP 4 S01.1111, RANGE 68 WEST OF THE 6 TH PRINCIPAL ,lER.IDIAN, MORE PARTICULARLY DESCR!BED AS FOU.OWS: BEGINNING AT A POINT ON THE SOUTII RJGITT OF WAY OF WEST DARTMOUTII A VENUE AS DESCRIBED IN BOOK 7784 AT PAGE 211, FROM WHICH POINT THE NORTHWEST CORNER OFTHE NORTHEAST QUARTER OFTHE SOUTIIEAST QUARTER OF SAID SECTION 33 BEARS N 41 '18'42' WA DISTANCE OF 48.47 FEET; THENCE S 00'00'22' WA DISTANCE OF 13.77 FEET; THENCE S 89'40'18" EA DISTANCE OF 16.00FEET; THENCE N 00"00'22" EA DISTANCE OF 13.47 FEET TO A POINT ON 11iE SOI.ITH RIGHT OF WAY OF DARTMOUTII A VENUE; THENCE N 88'34'38" WA DISTANCE OF 16.01 FEET TO THE POINT OP BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO . EASEMENT NO. 2 AN EASEMENT 10 FEET IN WIDTH SITUATED IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTII, RANGE 68 WEST OP THE 6 TH PRINCIPAL MERIDIAN, BEING S.00 FEET ON EACH SIDE OF 11iF. FOU.OWING DESCRIBED CENTER.LINE: BfGINNING AT A POINT ON THE S01.1111 SIDE OF EASEMENT NO. I FROM WHICH POINT THE NORIBWEST CORNER OF THE NORTHEAST QUARTER OP THE SOL "lliEAST QUARTER OF SAID SECTION 33 BEARS N 40°33'25" WA DISTANCE OF 61'.13 FEET; THENCE •' 18'04'W EA DISTANCE OF 139.20 FEET; THENCE S 38'45'08" WA DISTANCE OF 137.?b ,oiET TO THE POINT OF TERMINUS, COUNTY OF ARAPAHOE, STATE OF COLORADO. DESCIUPTIO.'< PRUAJl£D 8 Y OA V\D mcK, PLS 14 U7 73'90RANTRANCH BLVD 111' LITl1ITON • COLOIWlO aom (]OJ) 995-0141 SHEET l Ofl m cK AND ASSOCIA TF.S 73'9 OIU NT RANCH BLVD.1114 UTlllTOI' COLOR.ADO IOI ll llt "OIA8 PUBLIC SERVICE CO. l!A.IEME."11' OTT Of EIIOIJiWOOD • DARTt.lotrrn JOIHIQOt,02,Q! DATE-JW'<El6,l009 EXHlBIT A taon: TICS lll.AWINO IS WEANT TO DEPCTTHE AnAet":D LEOAl. DESClPnON AM) IS F'OI\ t4fCIAMA110tW. MJ\llES ONl. Y. rT DOES NOT REPR!SENT A MONUMIITT'EJ) LAND SUkVEY NW CORNER. HI! II• SE 11• SEC. Jl, T. 4 S. R. 6' W, 6TIIP.M. N SCALE. l"•SO' W. DARTMOUTH AVENUE \ i\ 'a\ \/ /\ \ Cl!NTBIILINI! , \ • ---10' EASEMENT /•· > N0.2 / lo ./ ~"S _I ◊/ i / / ./ / / CONCRBTB LINl!D CUl!K I.; !:! 16.01' EASEMENT ,_ 110 I ; 16.00' DETAIL SH5ET20F2 STECK AND ASSOClA TES 7!49 ORAN!' RANCH BLV0.1114 LITl1!TON. COLOAADO l012J (!OJ) 99S.Ol•I PUBUC SER\llCI! CO. EASEMENT ClYOFENOUWOOO•DAAlMOUTH JOB NO OMUJ • • • COUNCIL COMMUNI CATION f:!: Agenda llem: Subject: ctoler 19, 2()(19 11 a I An Ordinance Authorizins th~ Purchase ofT en Single Family Houses Funded through the Neighborhood Stabilization Program Grant Init ialed By: Staff Source: Communily Development Depar1men1 Harold J. Slit~ Senior Planner CO UNCI L COAL AND PREVIOUS COUNCIL ACTID 'I Ory Council approved Resolution 34 Series of 2009 au1horiz1ng staff to apply 10 the Department of Local Affairs, Colorado Division of Housing. fo r a portion of Arapahoe County's allocation of the Federal Neighborhood Stabilization Program funds (NS Pl ). City Council approve~ Ordinance 37, Serles of 2009 au thorizing lh e exe, u1ion of a contract for Neighborhood Stabilization Program grant funding between the Staie of Colorado Department of Loca l Affairs ;.n d the City of Englewood . RECOMM ENDED ACTION Staff reco mmends 1ha1 Council approve a bill for an ordinance dUthorizing the purchase of ten unidentified single-family vacan~ foreclosed propenles loca led in 1he eligible census tram througho ul 1he Oty of Englewood to fulfill 1he NSPl contract wilh 1he Colorado Department of Local Affairs. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2008, 1he Federa l government passed 1he Housing and Economic Recovery Act (HERA). HERA appropriated U.92 billion for the NeighborhooJ Stabilization Program (NSPl) 10 supporl the acquisition, rehabililalion, or demolition of foreclosed and abandoned properties. The Stale of Colorado received a tolal of $SJ milllon in NSPl funds of whid1 $37.9 million is directly admonislered by the State. In March, lhe Community Developmenl Oepanmenl submilted an applicatiM 10 1he S1a1e as au lhorozed for NSPl funding for Projecl Rebuild. Pro1ect Rebuild was awarded S 1,253,379 by the S1a1e Housing Board in July 10 purchase, rehabilhale, and se11 foreclosed single-family properties In efig,ble census 1racts localed 1hroughout the Oty of Englewood. (See auached NSPl Ineligible Areas Map) In Seplember, Council approved enlering inlo an agreement wilh the Slate fo r NSPI funding. The NSPl con1ract requires the purchase, rehabilltalion, and resale of 11,n l,omeownershlp uni ls. The contrac l ,1lso requires a minimum 1 % d1scoun1 01 the currenl appra ,;Pd value of the un,1 and a p1.,i11111nJr\ re,•~" c,1 en\'11onmen1al 11ller1 pnrn In makmg ,,n offe, ,n ~ach proper!\ 10 ~siablish • 1he 1 ,.1h1III\ 01 lhl' unn ",1hm 1he es1,,hl"hed umehnes. The ~11viro111ne111al ,mpa, 1 1·11 r., .ue noise lead ha,t.'d paint, flood pl,1ln, lmd h1swrict1I prt!!ilH\ ,111011. Genernlll Real [Mal~ 0-rned (REO I lendecs and II'" emmr111 holdin~ agencies le.g. FHA \ A. F'-IM '\, e1c.J. requ,re dosing da1es 10 be se1 "11hin 30 days of lh£ir accep1ancP or ,,n offer 10 purchase or bid. Gllen 1h,s shorl lime frame lo close on a proper!), ii would be impossib le fo r s1ail 10 ga,n Council appro\'al for iltquisitron of ind" ,dual silMpeclfrc proper11es gi, en 1he 45-60 day ordinance appro, al hmeframe. To accommodate 1h1s compressed process and sched ule, s1afl requesls 1hat Council authorize th e purchase of ttn, as o· yel, unldenlifird qualifi➔ng single-family vacant foreclosed p,open,es localed throug' M ,~~ Cit; to (ulfill 1h, NSPJ con1rac1 wllh 1he Colorado Depar1men1 of Local Affairs. Secti , -~ oi 1he Home l'ule O,arier requores that real property ma1• be sold, bu1 only by ordinance, not usi,,g the emer•t>ncv provislo·1. Each property acquired for Protect Rebuild will be brought before Council Js SO"' a•, •,o ssible 10 receive approval 10 sell each property to eligible buyers. This will maximize the J. mg efforts. This process will expedite the subsequenl sale and dosing rif 1he r•,•oeny. Fl'IANCIAL IMPACT E,,istlng Commu nity Development staff has the req .. ire d expertise to acquire forec losed properties, pro,,,de rehabilitatloo, and sell the properties 10 eligible buyers. All expenses will be cover~d b1• 1he NSPl granL All proceeds from the sale of each property w,11 be reimbursed 10 the State o/ Colorado a, required by the con tract un1il all houses are sold or the program expires March 10, 2013, ;' q ,)F ATTACH MENTS MemUfandum from Frank Grygle-.\lCZ on Fundrng the Rehabtlilation of Homes Purchased \\1th Ne,ghborhood StabihzMlon Progrnm Gran t funds NSP I Ineligible Area Map Bill for an Ordinance • • • City of Englewood Department of Finance and · Administrative Services Memorandum To: From. Date: Re: Mayor Woodward and City Council . ~ Frank Gryglewicz. Director ol Finance and Admilllsuative Odober 14, 2009 Funding the Rehabilitation or HOI '1AS Purchased with Neighborhood Stabilization Program Grant Funds City Council approved Ordinance 37, Series of 2009 on September 21, 2009. This ordinance accepts Neighborhood Stabilization Program Grant Funding to su pport the acquisition, rehabilitation or demolition or foreclosed and abandoned properties. The City plans to use Its share ol the funds to purchase, rehabilitate. and re-sell abandoned or roredosod properties but v.ill need runding for the rehabtlitatlon or the properties The Council Communication • accompanying the Ordinance ror the City Council indicated that runds rrom U.S. Bank could be used to fund thg rehabilitation of the purchased properties . Another alternative would be to use General Fund monies on a short-term basis . • General Fund monies funds would be provided as requested and shown as ·due from· the Housing Rehabliltahon Fund on the General Fund Balance Sheet. The maximum funds provided on a short-term basis would be $300,000 (ten houses at $30,000 each), When the houses are solll, the General Fund would be repaid and the "due from· balance reduced. This will no: impact the fund balance and will reduce the amount the City would otherwise pay In interest. 111/'o!!re is no objection to this proposal, staff will proceed with ils inlJlen,entation. Copies: Janet Grimmett.. Steve Dazzio City of Englewood, Colorado City Council District Boundaries -A!terlalt and Collectors /V Local Streeta 0 115 1.S Mlln 0 City of Enrf wood J•mu,y2001 • • • ORDINANCE NO SERIES OF ~009 BY AUTHORITY COUNCIL BILL NO,. SO INTRODUCED BY COUNCIL MEMBER ____ _ A BILLFOR AN ORDINANCE AUTHORIZING THE PURCHASE OF TEN UNIDEmlFIED SINGLE- FAMILY , VA CANT. FORECLOSED PROPERTIES LOCATED IN THE CITY OF ENGLEWOOD, COLORADO TO FULFILL THE NEIGHBORHOOD ST ABILIZATJON PROGRAM CONTRACT BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF ENGLEWOOD. COLORADO. WHEREAS. I~ Cuy Council of lhe Chy of Englewood, Colorado au1horiz.cd an applicalion 10 the Colorado Depanmcru of Local AITain. Colorado Division of HousU11, for a ponion of Arapahoe County 's allocations oflhc Fedenl Neighborhood S1abili1.11ion Program funds (NSPI) for funding Project Rebuild by lhe passage of Resoluuon No. 34. Senes 2009; and WHEREAS, the City of Englewood Project Rebuild was awarded Sl,253,37910 purchase, rehabili1a1e, ond se ll single-family vacan1. foreclosed properties in eligible census traCIS localed in lhc City of Englewood; and WHEREAS, lhc City Council oflhe City of Englewood. Colorado authoriud lhe execulion of an in1crgovcmmcn11I contr:icl for Neighborhood Stabiliza1ion Program gram funding between the Colorado Departmcn1 of Local Affair-. and lhc City of Englewood. Colorado by the p sage of Ordinance No . 37, Series of2009; ••· WH EREAS, the NS Pl Grant requires the purchase. rehabili1a1ion and resale of ten ( 10) singlc- farnily, vacant, foreclosed properties; and WHEREA S, generally. when real estate is owned by lenders and government holding agencies (e.g. FHA, VA. FNMA, Clc.) they require closing dales 10 be SCI wilhin 30 days of their acuptancc of an offer 10 purchase or bid. With this short time frame ii would be impossible 10 gain City Council approval for acquisition of individual sne-specific properties given 1hc 45~ day ordinance approval timeframc; and WHEREAS, 10 accommodate Ibis compressed process and schedule, staff requests that City Council nulhori:te 1he purchase of ten ( 10) curremly unidentified qualifying single-family vacam, foreclosed properties located throughout the City to fulfill the NSPI contrncl with the Colorado Department of Local Affairs; and WHEREAS. Sec1ion 72 of the Englewood Home Rule Charter require< 1ha1 real property may be sold, but only by ordlllBOCe, not using the emergency prov,sioo; and WHEREAS. each property acquiml for Project Rebuild will be brought before City Council as soon as possible to receive approval to sell each property 10 eligible buyers; and WHEREAS, eitisting Community Development staff has the required exper11se 10 acquire foreclosed propcnics, provide rehabiLitallon. and sell the propcnics to eligible buyers All expenses will be covered by the NSPI Grant. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: S!;gw. The City COW1Cil of the City of Englewood . <'<1lorado hereby authorizes the purchase of ten ( I 0) unidentified single-family, vacant. foreclosed propcnies located in th<: eligible census ll'lct.s throughout the City, f Englewood to fulfill the NSP I contract wit:, 1hc Colorado Department of Local Affairs fundca through the Neighborhood Stab1lizauon Program Grant (NSP I Grant). lntroducc.J. read in full, and passed on first reading on the 19th day of October, 2009. Published as a Bi!! fnr an Ordinance in the City's oOicial newspaper on the 23'" day of October, 2009. Published as a Bill for an OrdinllllCe on the C11y· s official website bcginrung on the 21st day of October. 2009 for thirty (30) days. ATTEST: James K. Woodwam, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cert ify that the above and foregoing is a true copy ofa Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of Oc tober, 2009. Loucrishia A. Ellis • • • • • • ORDINANCE NO. SERIES OF 2009 BY AL 'THORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER JEF!-ERSON AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF Al LT AXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, ii 1s 1hc duty of lhe City Council of lhc Ci1y of Englewood, Colorado, under lhc Englewood Home Ruic Chancr and Colorado Revised Sta1u1es, 10 make the annual propcny levy for Ci 1y purposes; and WHEREAS, lhe City Council has duly considered 1hc estimated wluation of all the taxable property within lhc City and lhc needs of 1hc City and of each of said levies and has de1ennined 1ha1 lhc levies as hereinafter set fonh. are proper and wise: and WHEREAS, the following IC\1cs arc pcnniucd under Anicle X, Scc1ion 20 of the Colorado Constilulion without a vole by 1he citizens; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-Thal there be and hereby is levied for lhe year of 2009, due and paY11blc as required by s1a1u1c in lhe year 2010, a 1ax of 5.880 mills on the dollar for the General Fund of lhe City of Englewood, Colorado, and 2.03 I mills on the dollar for the General Obligo1ion Bond Debi Service Fund of lhc City of Englewood, Colorado. Thai the levy hcreinabove SCI fonh shall be levied upon each dollar of 1he assessed va luation of all taxable propeny within lhe corporate limi1s of 1hc City of Englewood, Colorado, and the said levy shall be certified by law. Introduced . read in full, and passed on firs1 reading on the 51h day of October, 2009. Published as a Bill for an Ordinance ,n lhe City's official newspaper on 1he 9'" day of Oe1obcr, 2009. Published as a Bill for an Ordinance on lhc City's o fficial wcbsi1c bcgiMing on lhc 7th day of Octolicr, 2009 for thiny (30) days. Read hy 1itlc and passed on final reading on lhe 19th day of October, 2009. Published by title in the City 's official newspaper as Ordinance No ._, Series of 2009, on the 23rd day of October, 2009 . 11 b I Publimcd by tillc on lhc City's official website beginning on the 21 s1 o.;y of October, 2009 for thiny (30) da)'S, James K. Woodwanl, May .. r ATTEST: t.oucrishla A. Ellis. City Clerk I, Loucrishia A. Ellis. C. ,,y Clerk nf the City of Englewood, Colorado, hereby ccnify lNII the above and foresoina t> 11· Jf ~opy of the Ordi1>ance passed on final reading and published by 1i1le as Ordlnam.c rfo, _. :b,cs of 2009. Loucrishia A. Ellis 2 • • • • ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEl\ffiER PENN AN ORDINANCE ADOPTING THE BU!XiET OF THE CITY OF ENGLEWOOD. COLORADO, FOR THE FISCAL YF ' '', 20 I 0. WH EREAS, pursuant 10 the provisions of Pan I, Anicle X, of the Chnner of the City of Englewood, Colorado, a budget for lhe fiscal year 2010 was duly submitted by the City Manager to lhe City Council before September I 5, 2009; and WHEREAS. a public bearing on said budge1 was held by the Cuy C01111Cil within three weelcs after its subminion at the mee1ing of the City Council on Sep1ember 21, 2009. Regular notice of lhe time and place of said bear.ng was published \\ithin seven days after sub1111SSion of the budge! in the manner provided in the Chaner for the publication of nn ordinance; nnd WH'EREAS, the City Council of the City of Englewood has studied and discussed the budge! on numerous occasions; wi d WHEREAS. historically, actual general fund expendirircs have been three to five percent less than the original budget; and • WHEREAS, with the anticipated re1um of2009 budge1ed funds, the uing Term Asst !ltffl'Ve • will no! be called upon to balance the Operational Budget o f the City in 2010; a WHEREAS, it is the intent of the City Council to adopt the 2010 budget as now submilf, d, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-That the budget of the City of Englewood, Colorado, for the fiscal year 2010, as submitted by the City Manager and duly considered by the City Council after public hearing. be and hereby is adopted as the budget for the City of EnglC\\·ood for lhe fiscal year 2010. Section 2. GENERAL FUND Total Fund Balance, January I. 20 I 0 Sales/Use Tax Propcny and Specific Ownenlup Tax Franchise/Occupotion/Ciga.rette Tax Licensc/l'crmits Intergovernmental Revenue Charges for Services Cu lt ural & Recreation fines & Forfeitu res l 2QJOBUDGET S 8,5 18,58 1 Revenues 22,300,000 3,396,000 2,909.564 573,300 1.185,204 3,326,114 2,632,194 1.426,801 11 bii Interest 372.611 • M,sccllancous 411.177 Total Revenues S ' ,532,965 Other Financing Sources _i,.IB.ill T 01al Sources of Funds S 40.377 .398 Ex~1tures Legislation 3~9.314 City Manager's Office 668,633 City Attorney's Office 767,546 Municipal Court l,OOS.723 Human Resources 504,898 Finance and Adminisll'11tive Services 1,684,000 tnfonnotion Technology 1,3 42,948 Community Dcvclopmc11t 1,457,667 Public Works 5,497 .881 Police 10,48 1,933 Fire 7,394,951 Library Services 1,352,221 Parks and Recreation Services 6,034,770 Contin11cncies 60,000 Debt Service 1 !)Jl4,4~~ Total Uses of Funds S 40,616 ,941 Total Fund Bulancc, December 31, 2010 s 8,279.038 • ~ SPECIAL REVENUE FUNDS (.onsgya1jon Trust Fund Fund Balance, January !, 2010 s 276, 64 s 336,000 Revenues s 4 8,000 Eitpcnditwes Fund Balance. Dcccmber 31, 2010 s 124, 64 ~ Fund Balance, January I. 2010 s .o. s 290,000 Revenues Expenditures s 290,000 Fund Bolancc. December 31. 2010 s .0- • • Donors fund Fund Balance, January I, 2010 s 8S,949 Revenues $ 104,300 Expenditures $ 172,1S0 Fund Balance, December 31, 20 I 0 s 18,099 Mlll;x !;;giig_ Inw EIIDd Fund Balance, January I, 2010 $ 248,586 Revenues $ 20,000 Expenditures s S0,000 Fund Balance, Deeanbe:r 31 , 2010 s 218,S86 flm 111!1 B~ti1111Tolll r:imd Fund Balance, January I, 2010 s 449,700 Rc:vCDUCS s 25,000 Expenditures s 30,000 Fund Balance, December 31, 20 I 0 s 444,700 Open Space fund Fund Balance, January I, 2010 s 160,504 Revenues s 853,807 • Expcndin.res s 776,7SS Fund Balance, December 31, 20 I 0 $ 237,5S6 ~ DEBT SERVJCE FUND General QliUUli!!II Dmld fllDd Fund Balance, January I, 2010 $ 57,087 Revenues $ 1,056,000 Expenditures $ 1,103,99S Fund Balance, December 31, 2010 s 9,092 ~ CAPITAL PROJECT FUNDS Publi~ 1mDrovmiai1 fllDd Fund Balance, January I, 2010 s 174,SOI Revenues $ 1,672,4SS Expenditures w Trnsfen s 1,846,956 Fund Balaoc.e, December 31, 2010 s .(). • 3 • Ceui1el emi~1 Eund Fund Balance, January I.-· 10 s 171,166 Revenues and Transfers In s ISS.000 s 320,131 ExpenditurCS Fund Balance. December 31. 2010 s 6,035 ~ ENTERPRISE FUNDS W11g: El!nd Fund Balance, January I, 2010 s 3,735,642 s 8,8S4,479 Revenues Expcndiwres Fun~ Balance, December 31, 2010 S 10,676,241 s 1,913,880 S~g:El!Dd FundBalanr ~uary 1,2010 s 5,921,921 S 14.313,069 Revenues S 17,9S3,874 Expendilures Fund Balance, December 31, 20 I 0 s 2,281,116 Storm pra1n,w:l!llll Fund Balance, January l, 2010 s 46S,674 • s 340,1 40 Revenues ExpcnditurCS s 3S7,341 Fund Balancc, December 31, 20 l 0 s 478,473 Qolf Cgypc Fund Fund Balance. January l, 2010 s 296,743 s 2,2S1.S96 Revenues Expendiwrcs s 2,329.428 Fund Balance. December 31. 2010 s 224,91 1 Concrete U)ilitv '"" • • Fund Balance, ,anu.uy , , tu111 s 236,342 s 711,200 Revcnucs s 697,612 Expenditures Fund BalGJ1cc, December 31, 2010 s 249,930 1:12111in11 11.sib1l!ili1n1i20 El!ad Fund Balnnce, January I, 2010 s 1,082,833 s l,S00,000 Revenues Expcndilures s l,S00,000 • Fund Balance, December 31, 2010 $ 1,082,833 4 • • • ~J2D.1 INTERNAL SERVICE FUNDS t:m1@I S@ces Fund Fw,d Balance, January I, 2010 s 1S2,90S RC\·cnues s 391,400 Expenditures s 407.721 Fund Balance, December 31. 2010 s 136,S84 Scniccn1er Fund Fund Balance, January I, 2010 s SS9,13S Revenues $ 2,140,006 Expenditures s 2,246,7S9 Fund Balance, December 31, 20 I 0 s 4S2,382 c;!12i111 Egyi12m;n1 l!.~lo~tmm1 Fund Fund Balance, JMuary I, 2010 s 720,?39 Revenues s 804,9S2 Expenditures s 1,144,98? fund Balance, Dcccmlx:r 31, 20 l 0 s 380,704 ~ Fund Balance, January I, 2010 s 1,348,305 Revenues s 1,36S.17? Expenditures s 1,730,411 Fund Balance, Dcccmber 31, 2010 s 983,071 Employee Brncfi1s Fund Fund Balance, January I, 2010 s 232,747 Revenues s 5,406,662 Expenditures s S,324,656 Fund Balance, December 31. 2010 s 314,753 ~-That the said budge1 shall Ix: a public record in the office of the City Cleric and shall be open 10 public iMp«Uon. Sufficient copies thereof shall be made nva ilable for the use of the City Council and the public, the nwnber of copies 10 be determined by the City Mllllllgcr. lntroJuced, read in full, and passed on first reading on the 5th day of October, 2009. Published II.I a Bill for an Ordinance in the City's official newspaper on the 16" day of October .2009 . 5 Published as• Bill for an Ordinance on the City"s official wcbsi1e beginning on the 7" day of • October. 2009 for thiJty (30) days. Read by title and passed on final ~g on the 19th dayofOc1obcr. 2009. Published b) 1ille in the City's official newspaper as Onlinancc No._, Series of 2009. on the 23rd day ofOclober, 2009. Published by ullc on lhc City's official website beginning on t~ 21st day of OctOber, 2009 for thirty (30) days. James K . Woodward. Mayor ATTEST : Loucrishia A. Ellis, City Clerk l, Loucrishio A. Ellis, City Clerk of the City of F,,n · wood, Colo111do, hereby certify 1ho1 the above and foregoing is a INC copy of the Ordinance pa,;ed on final reading and published by title as Ordinance No. _, Series of 2009. Loucrishia A. Ellis • • • • ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO , 47 INTRODUCED BY COL'NCll MEMBER McCASLIN AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I, 2010,AND ENDING DECEMBER 31, 2010, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION Bill FOR THE FISCAL YEAR 20 I 0. WHEREAS, a public hearing on the Proposed 2010 Budget was held September 21, 2009; and WHEREAS, lhe operating budgets and Multiple Year Capital Plan for all City depanments and funds were rcv,ewed at a budgt1 retreat held on September 26, 2009; and WHEREAS, lhc Charter oflhe Ci1y of Englewood requires lhe Ci1y Counci l 10 adopl bills for ordinances adopting lhc Budge1 and Appropriation Ordinance no later 1han lhiny days prior 10 lhe firs1 day of !lie n~xt fiscal year. NOW, T l!£R£FORE, BE IT ORDAINED BY THE CITY COUNC IL O F TllE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-Tha1 there be and !here hereby is appropr:ated from lhe reve11ue derived from taxation in the City of E. _· wood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances d•.lring the year beginning January I, 2010, and ending December 31, 2010, the amounts hereinafter set forth for lhc object and purpose specified and sCI opposite !hereto, specifically as follows: ugislation City Manager's Office Ci1y Anomey's Office Municipal Coun Hwnan Resource. Finance and Administro1ive Services Information Technology Commuruty D<velopment Public Works Police Fire library Scr.•ices Parks and Recrcauon Smiccs Con1ingcncies Debt Smice -Chic Center Debt Service -Other Total Gcntral Fund GENERAL FUND s 359,314 668.633 767,546 1,005,723 504,898 1,684,000 1,342,948 1.457,667 S,497,881 10.48 I ,933 7,394,951 I ,352,221 6.034,770 60,000 1,574,000 430456 40,616,941 11 bill CONSERVATION TRUST FUND Total Conservation Trust Fund S COMMUNITY DEVELOPMENT FUND Total Community De\-elopment Fund S DONORS FUND Total Donors Fund s MALLEY CENTER TRUST El/NP Tow Malley Center Trust Fund PARKS AND RECREATION TRUST FUND Tow Parks and Recreation TNSI Fund S OPEN SPACE FUND Total Open Space Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund s PUBLIC IMPROVEMENT FUND Total Public Improvement Fund S ™ PROJECTS FUND Total Capital Projects Fund S 2 • 488,000 290,000 172,150 50,000 30,000 • 776,755 1,103,995 1.846,956 320,131 • • WATER FUND Tow Water Fund s 10,676.241 SEWER FUND Total Sewer Fund s 17,95),87-1 SIQ~1 QRA!NAG!; Rn-1> Total Stonn Orlinage Fund s 357,341 QQJ..E COURSE FUND Total Golf Course Fund s 2,329,428 CQ!:lCBJITE !.[[!!,IIY FUND Total Concrete Utility Fund s 697,612 • HQUSING REHABILITATIQN FUND Total Housing Rehabilitation Fund s 1,500.000 CENTRAL SERVICES FIDln Total Ccnual So:vices Fund s 407.721 ~'IBVICEl'ITER FUND Total ScniCentcr Fund s 2,246,759 C~II& ~!.llfMENT REPLAC!;}1Elf! FUND Total Capital Equipment Replacement Fund s 1.144,987 l!JS~ MAJ::!AQEMENT F' Total Risk Mnnagcmcnt Fund $ 1.730.41 1 • 3 • • • Total Wnter Fund Total Sewer Fund Total Stonn Drainage Fund Total Golf Course Fund Total Concrete Utility Fund WATFRFUND s SEWER FUND STORM DRAfNAGE FUND s GOLF COURS E FUND CONCIITTE UTILITY FUND s HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund S Total Central Services Fund Totnl Servi Ccnter Fund CENTRAL SERVICES FUND s SERVICENTER FUND CAPITAL EQUIPMENT REPLACEMEl'ff FUND 10,676,241 17,953,874 357,341 2,329,428 697.612 1.500,000 407,721 2,246,759 Total Capi tal Equipment Replacement Fund S 1,144,987 RISK MANAGEMENT FUND Total Risk Management Fund S 1,730,411 EMPLOYEE BENEFITS FUND Total Employee Beneh1s Fund 5.324.656 ~ The foregoing appropria1ions shall be considered to be appropria1ions 10 groups within a program or deparunen1 within the fund indica1ed bu1 shall no1 be con.,u-aed to be appropria1ed 10 line i1ems within any groups, even 1hough such line hems may be ,:i fonh as the adoplcd budget for lhc fiscal year 20 IC. ~-All monies in lhe hands of lhe Director of Fin:mce and Adminismuive Services, or 10 come inlo lhe Dircclor's hands for lhe fiscal year 2010, may be applied on the ou1s1anding claims now due or 10 become due in the said fiscal year of 20 10. ~ All unappropria1ed monies lba1 may come into lhe hands of tl10 Din:ctor of Firumce and Administra1ive Semc:es during !he year 2010, may be so disuibu1cd among lhe respective funds herein as lhe Cily Cowic:il may deem best under such conu-ol as is provided by law. ~-During or al lhc close oflhe riscal year of 2009, any surplus money in any of !he respcc1ivc funds, after all claims for 2009 again~, the same have been paid, may be dis1ribu1cd 10 any other fun d or funds at the discretion of the Chy Council, lmroduccd, read in full, and passed on 6rs1 reading on lhe 51h day of October, 2009. • Published as a Bill for an Ordinance in lhe Ci1y's official newspaper on 1he 16• day of October • ,2009. Published as a Bill for an Ordinance on the Ci1y 's official website bcgiruung on lhe 1 th day of Oc1ober, 2009 for thiny (30) days. Read by 1itle and passed on final reading on 1hc 19th day of October, 2009. Published by title in the City's official newspaper as Ordinance No ._. Series of 2009, on 1hc 23rd day of October, 2009. Published by 1i1le on the City's official wcbsi1e beginning on 1he 21st day of October, 2009 for 1hiny (30) days. James K. Wo.>dw11rd, Mayor ATTEST. Loucrishia A. Ellis, City Cleric 4 • • • • I, Loucrishia A. Ellis. City Clu k of the Cuy of Englewood. Color11do, hereby cenify lha1 lh~ above and foregoing is a true copy oflhc Onlinance passed on final reading and published by mlc as Ordinance No._. Series of 2009. Loucrishia A. Ellis 5 • • • BY AUTHORITY ORDINANCE NO. SERIES OF 2009 COI.Jl,;CIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER MOOR£ AN ORDINANCE ADOPTING THE BUDGE'! FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMf ·rr PLANT FOR THE FISCAL YEAR2010. WHEREAS. pursuanl 10 1he provisions ~fan agreement be1ween lhe Cily of Li1tle1on, Colorado, and the Cuy of Englewood, Colorado, a budget for the fiscal year 2010 was duly approved by the LittletoniEnglewood Wastewa,:-r Treallll':nt Plant Supervisory Committee on August 20, 2009 and submiued 10 the City Council: and WHEREAS, a public bearing on said budget was b~ld b) the City Council ,.,;thin three weeks after its submission on September 14, 2009. The htaring was held at lhe mect:ing of City Council on September 21, 2(109, regula, 1101ice of 1he time and place of said hearing having been published ,.,;thin se,·en days after the submission of the budget in the manner provided in the Clw,er for the publka1ion of an ordinance; and WHEREAS, lhc City Council ,~ the City of EngJewood, as the adminis1ering au1hority for 1hc Linleton/Engh:wood Wastewa1cr i (Cllunent Plant, bas studied the budget on numerous ocasions; and WHEREAS, it is the in1em of the Chy Council 10 adop1 the 201C budget for the Littltton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COlWCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-That lhc budget of the Li1tleto1t'Englcwood Wa stcwa1cr Trcatmem Plan1 for 1hc fiscal year 2010, as submilted by lhe Lluleton/Englewood Was1ewa1erTreatmen1 Plant Super .ory Cornrrunec and duly considered by lhe City C~llllCil after public hearing, is hereby adopted as 1hc budget ior 1he LutletorJEnglewOOC: 'Vas1cwa1er Treatment Plant for the fiscal year 2010, as follows: linl,tt>n/Engltw,,od Wa.<ttk'IJtt, Treatment P/0111 Fund Balance -January I, 20 10 Revenues Expenditures Fund Balance -December l I. 20 I 0 l s 115,674 16,400.883 16,400,883 115,674 11 b iv ~-That the said budgct as accepted shall ue a public record III the Office of the City Cieri: 3nd shall be open 10 public inspection. Sufficient copies lhctcof shall be made available for the use of the C11y Council and lhc public;. lhc number of copies 10 be dctcnnined by the City Manager. Introduced, read in full, and passed on first reading on lhe Sib day of Odobcr, 2009. Published IS a Bill for an Ordinance in lhe City"s official ncwspape, on the 16• day of October, 2009. Published as a Bill for an Ordinance on lhe City's official website beginning on the 7th day of October, 2009 for thiny (30) days, Read by 1illc and passed on final reading on the 19th day of October, 2009, Published by title in the City's official newspape, as Ordinance No._, Series of 2009, on the 23rd day of October, 2009. Published by title on the City's official website beginning on the 21 s1 day of October, 2009 for thlny (30) days. James K. Woodward, Mayor ATTEST: Louaishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnif) that the above and forqioing is a true copy of the Ordinance passed on final reading and published by title IS Ordinance No._, Series of 2009. Loucrishia A. Ellis 2 • • • • • • ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COLNCIL MEMBER MOORE AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2010, AND ENDING DECEMBER 31, 2010, CONSTITUTING WHAT IS TERMED THE ANNUAL Ah'ROPRIA TJON BILL FOR THE FISCAL YEAR 2010. WHEREAS. lhe CiliC$ of Englewood and Linleton en1ercd in10 a conU'acl lo build. main111in. and operate a join1 Was1ewa1er Trcaunen1 Plant tacilily; and WHEREAS, lhe operations, including budget maners, of this join1 facility arc overseen by the Supervisory Commincc; and WHEREAS, !he Ciry of Englewood openucs lhe Littleton/Englewood Wastewa1er Treaunent Plant under the control or the Supervisory Committee; and WHEREAS, !he Linleton/Englewood WaSlewalcr Treatment Plan! has ils own fund for operations and main1enance; and WHEREAS, lhe Supervisory Commiuee approved lhe follo\\fog as lhc 201 0 appropria1ions at lhc Augus1 20. 2009 mee1ing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~. Thai punuan1 10 lhe Linleton/Englcwood Wastewater Trea1mcn1 Plan! agreemen1, 1hcre be and hereby is appropria1ed from the revenue derived from openuion of the Litde1on/Englewood Was1ewa1er Treaunent Plant in lhe City of Englewood, Colorado. and from all olher sources of revenue in lhe Littleton/Englewood Was1ewa1er Treatment Plan1 Fund including a\'31lable fund balance during lhe year beginning January l, 2010, and ending December 31, 2010, lhe amount• hereinafter set forlh for lhe objcc1 and purpose specified as follow.: To1al Lluleton/Englewood Wastewater Treatment Plant Fund S 16.400.883 Introduced. read in full. and pa1sed on firs1 reading on lhc 51h day of October. 2009. Published as a Bill for an Ordinance in theCi1y's official neMpaperon lhe 1611 day of October, 2009 . 11 bv Published as a B111 for an Ordinance on the City's official websile beginning on the 71h day of • Oc1obcr, 2009 for thiny (30) days. Read by title and passed on final reading on the 19th day of October, 2009. Published by title in the City 's official newspaper as Ordinance No._. Series of 2009, on the 23rd da} of October, 2009. Published by title on the Ciry's official website beginning on the 21st day of October, 2009 for lhiny (30) days. James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, Ciry Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on r.nal reading and published by tide as Ordinance No.__, Series of 2009. Loucrishi:a A. Ellis • • • • • COUNCIL CO MMUNICATIO N Dal e: Agenda llem: Subject: October 19, 2009 11 c I Resolution of Support 10 the Englewood/Mclellan Reservoir Foun dation (EMRF) for Lease of Property 10 TT of Denver, Inc. ln illated By: I Staff Source: Englewood/Mclellan Reservoir Foundation Frank Gryglewicz, EMRF Director COUNCIL GOAL ANO PREVIOUS COUNCIL AC11ON In 1999, City Council authori zed the creation of tine Englewood/Mclell an Reservoir Foundation (EMRF.) On December 17, 2007, Council supported EMRF In the sale of approximate ly 11 acres of PA85 to RTD for S3.2 million. During an Executive Session of June 2, 2008, City Council reviewed the terms of a letter of Intent from TT of Denver to lease approximately 12.79 acres of Planning Area 84 (PA 84), and Instructed EMRF to proceed with lease negotiations. RECOMMENDED ACTION EMRF recommends Council approve a resolution supporting che agreement between EMRF and TT of Denver for lease of approximately 12.79 acres of PA84 . BACKGROUND In 1999, City Council authorized, chrough Ordinance 41 , che creation of che Englewood/Mclellan Reservoir Foundation, a non-profit corporation charged with furthering the development of che Mclellan Reservoir property and transferred the property to EMRF. The following goa ls for development were established by City Council in Ordinance 41 . I. Protect the quality of che City's stored water at MdeUan Reservoir. 2. Protect the reservoir ecosystem. 3. Establish and maximize a future long-term Income stream to benefit the City. 4. Maintain the quality of the Hlghline Canal recreational facllltles and the wetlands between C-470 and County Lin e Road. S. Minimize development Impacts on the reservc,ir. 6. Enhance the quality of life of the neighborhood of which It Is a part. 7. Enhance the quality of life for residents of the City of Englewood. With the recent developmen t of the Ralph Schomp auto dealership east of the subject parcel, interest in EMRF property has focused on auto uses. EMRF has had on-going discussions wlch TT of Denver for lease of che subject parcel since January of 2008. TT of D,nver is che parent company of lnfiniti of Littleton, which is seeking to relocate and approached EMRF regarding lease of the subject parcel. At the previous Council session, EMRF Informed Council of the terms of a Letter of Intent and Counci l, by resolution, instructed EMRF to begin negotiations of fi nal lease terms. Those negotiations have been completed, based on the terms of the Letter of lnten~ with some add itions which will benefit EMRF and the City on a long-term basis. FI NAN CIAL IMPACT • Term: Initial term 01 r., enl) years, \\ith one renewal option of 1en \ ears .and nine rene,, al • opoons of me years each thereafter. (To1al po1en1ial lease lerm of 75 years.) • lnllial Deposll: $200,000, applicable 10 future renlal paymen1 s. • Pre-Developmenl Ren I: Non-refundable monthly payments of S 10.000 per mon1h, commencing upon execu1ion of lease and con1inuing untff 1he s1art of Constroction Rent • Construction Rent: $17,675 per mon1h, commencing on June 1, 2010. • Base Rent: Annual amounl of $428,992 commencing on 1he earlier of April 1, 201 1, or the dale of opening 10 the public. Base rent shall Increase by 1en percenl every five (5) years during the initial 20 year term and first (10 year) option period. At Lease Year 31, the 8ase Renl shall be increased by the perceNage increase in the Consumer Price Index (C PI ) from the lease commencement dale 10 1he cu rren l date, bu1 in no event shall the ren t be less than the Base Rent fo r the preceding l ease year, nor more than 30% more than the Base Rent for the preceding lease year. Thereafter, rent will be adjus1ed with the CPI every five (5) years. LIST OF ATTACHMENTS Resolution • • • • • RESOLIJTION NO. SERJES OF 2009 A RESOLUTION SUPPORTING A LEASE AGREEMENT BY THE ENGLEWOOD/ MCLELLAN RESERVOIR FOUNDATION (EMRF) FOR THE LEASE OF A PORTION OF THE MCLELLAN PROPERTY TO TT OF DENVER, INC. WHEREAS, the Englewood/McLellan Reservoir Foundation {EMRF) was formed 10 oversc:c the de\·elopmau of the McLcllan Reservoir property; and WHEREAS, the Lease is for approJ<imately 12.79 acres of lhe Englewood/McLellan Reservoir Fow1da1ion property: and WHEREAS, City CoUDcil reviewed lhe Letter ofln1em and passed Resolu1ion No. 40, Series of 2008 supporting lhe negotiation of a lease agreement; and WHEREAS, 1be EMRF Board of Directors has unanimously approved 1he lease wilb TT of Denver, Inc.; NOW, THEREFORE, BE rr RESOLVED BY THE crrv COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ~-The City Council of the Ci1y of Englewood, Colorado, hereby suppons 1he "Lease Agreemen1" between the Englewood/McLellan Reservoir Foundation and TT of Denver, Inc . for the lease of a ponion of the Mclellan property, anached as Exhibil A. ADOPTED AND APPROVED 1his 19th day of October, 2009. ATTEST: James K. Woodwllrd, Mayor Loucrishia A. Ellis, Ci1y Clerk l, Loucrishia A. Ellis, City Clerk for the Ci1y of Englewood, Colorado. hereby ccnify lhc above is 11r11e copy of Resolution No._, Serles of 2009. Loucrishia A. Ellis, City Clerk • • • HMM 10/08/09 GROUND LEASE between TT OF DENVER, INC., as Tenant and ENGLF;WOOD/MCLELLAN RESERVOIR FOUNDATION as Landlord dated u of ____ _ • TABLE O F CO:'\TE:-ITS Article I Fundamental Lease Terms Artic le 2 Gro un d Leas, of Premises } I. Definitions 2. Premises 3. Condi tion of Premises; Tenant Release 4 . Improvements 5. Easements Article 3 Lease Term an d Co nd iti ons Precedent 5 I. T~'!lll; Effective Date; Commencement Date 2. Extension Option 3. Tenant's Conditions Precedent, Early Tennination Article 4 Rent 8 I. Construction Renl 2. Base Rent 3. Rent Adjustments 4 . Net Lease • ArtlclcS Taxes 10 I. Real Estate Taxes 2. Proration of Taxes 3. Personal Property Taxes Article 6 UtUltles 12 I. Utility Usage Artk le 7 Use, S ubl etting and Assignm ent 12 I. Use 2. Assignment and Subletting 3. Recogniti on Agreement Article 8 (Intentionally Omitted( 13 Article 9 Mechanics Liens 14 1. Liens 2. Protection of Landlord's Int erest in Premises Article 10 I ndemni ty and Insurance 14 I. Indemnity • 2 . Appear and Defend 3. lnsur,,:ice Article 11 Da mage or Destruction 17 • i • Arti cle 12 Eminent Domain IS • I. Definition of Taking and Substantial Taking 2. Tenant's Rights Upon Taking or Substantial Taking 3. Tenant's Rights Upon less Than Substantial Taking 4. Rights Upon Temporary Taking 5. Award Article 13 Default 19 I. Events ofTcnant's Default 2. Landlord's Remedies 3. Landlord's Default 4. Attorneys ' Fees 5. Waiver of Consequential Damages Articl e 14 Co,·enant of Qui et Enjoyment 24 Articl e 15 Subordination; Landlord 's Right to Mortgage and Con vey Premises 24 Article 16 Tran sftrs by Landlord 24 Article 17 Misctllaneo11S 25 I. Non-\\ diver of Defoult • 2. Recording 3. Notice 4. Successors and Assigns 5. Partial Invalidity 6. Interpretation 7. Headings. Captions and References 8. Governing Law ~. Execution of Documents 10. Force Ma jcure It. Reasonabl e Consent 12. Authority 13. Estoppel Certificate 14. Holding Over Article 18 Leasehold Financing 27 I. Mortgage by Tenant 2. Notice To and Rights ofLcasehoid Mortgagees Article 19 Representations of Landlord and Tenant 30 I. Representations of Landlord 2. Representations of Tenant Article 20 Right ofFirst Offer 34 • Exhibit A-I Legal Description of Premises A-I -ii- • • • Exhibit A-2 Exhibit B Exhibit C Site Pion of Premises Exceptions to Title Memorandum of Lea~e -iii • A-2 B-1 C-1 • • • HMM 10/8/09 GROUND LEAS E This GROUl'ID LEASE (the~Lease") is madcasofthe __ dayof ____ • 200_, by and between ENGLEWOOD/MCLELLAN RESERVOIR FOUNDATION, a Colorado nonprofit COll)Oralion ("Landlord"), and TT of DENVER, INC. ("Tenan t"). The date this Lease is executed and deli vered by both parties hereto shall be referred to hereinafter as the "Effective Date." W I T N E SS E T B : For and in consideration ofihe mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to the terms and conditions as hereinafter provided: Arti cle I Fun damental Lea se Terms For convenience, this Article I summarizes certain fundamental economic and businei;s terms of this I.ease . Effect ive Date: , 2009 Premises: That certain real property described on Exh ibit A attached hereto and incoll)Orated herein by this reference, consisting of approximately 12.79 acres at the Northwest comer ofC-470 and Lucent Boulevard, Highlands Ranch, CO. La ndlord ENGLEWOOD/MCLELLAN RESERVOIR FOUN DATION I 000 Englewood Parkway Englewood, Colorado 80110 Attention: President Tenant TT of Denver, Inc. 5077 South Wadsworth Boulevard Littleton, Colorado 80123 Attention: Michael Ward Guarantor: Michael Ward 5077 South Wadsworth Boulevard Littleton, Colorado 80123 Term: Twenty (20) years from the Commencement Dale Option : One (I) renewal option of ten ( I 0) years and thereafter nine (9) renewal options of five (5) years each I Hcnl: Prc-Devlopmen1 Rent of SI 0,000 per month. commencing llpon execution of lease and continuing u111il the start of C1111s1ruc1ion rem as provided in Section 3.3.A. Annual amount ofS2l4.496. as Cons1n1c1ion Rent commencing us provided in Article 4. Annual amounl ofS428.992 as Base Rent commencing as pr(l\1ded in Article -1, increased ten percent (I0"/4) every five (5) years during the Initial Tenn and First Extension Option, 1111d 1hercoficr adjusted with the Consumer Price Index every live (5) years as provided in Article 4. This is a Net Lease. Deposit $200.000, os provided in Section 4.5 Article 2 Ground Lease of Premises I. P~ For purposes of this Lease, the following terms shall have the following meanings : A. "Adjustment Date" shall have the meaning sCI forth in Article 4.3.l>. B. "Approval Period" shall hove the meaning set forth in Article 3.3.F. C. "Approved Suble11sc" shal l have the mcnning set forth in Article 7.3. D. • Assessments• shall have the meaning set forth in Article 19.1.K. E. "Base Rcn1" shall have the meaning sci forth in Article 4.1. F. "Base Rent Start Dote" shall have the meaning sCI forth in Article 4.1. G. "Bui ldings" shall mean the buildings which may be constructed by the Tenant on the Premises. H. "Casually" shall have the meaning set forth in Article 11.1. I. "Commencement Dote" shall have the meaning sci forth in Article 3.1. J. "Construction Rent" shall be the monthly wnounl ofSl?,875 as provided in Article 4.1. K. "Default" or "Even! of Default" shall hove the meaning sel forth in Artide Ill. • • • • • • L. "Default Rute" shall mean interest accruing at the rate equal to the Prime Rate plus three percent (3° o). which rate shall be adjusted with each change in the Prime Rate. However. in no event shall the Default Rate be less than ten percent ( I 00/4) per annum. For purposes of this Lease, "Prime Rate" shall mean the prime rate as published in the Wall Street Journal. If the prime rate published by the Wall Street Journal becomes unavailable , Landlord shn.11 use the prime rate as announce or published by such other organization or publication as reasonably detennincd by Landlord to be comparable to the prime rule now published in the Wall Street Journal.. M. "Deposit" shall mean the sum ofS200,()(l() which Tenant has deposited in escrow with Security Title Guaranty Company, together with interest aCCTUcd thereon. N. "Effective Date" shall mean the date this Lease is signed by both Parties. 0 . "Environmental Law" shall have the meaning set forth in Section 19.1.J. P. "facusable Delay" shall mean any of the following events that prevents, delays, retards or hinders a party's pcrfonnancc of its duties hereunder: act of God; fire; ~quake; 0ood; explosion; war; invasion; insurrection; riot; mob violence; sabotage; vandalism; inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market; failure of transportation; strikes; lockouts; any material delay caused by Landlord without fault of Tenant; or any delays due to causes beyoml the control of Landlord and without its fault or negligence . Q. "First Extension Option" shall have the meaning set forth in Article 3.2. R. "Improvements" shall mean the Buildings and any other improvements constru cted on the Premises . S. "Initial Tenn" shall mean the first 20 Lease Years as more specifically described in Article 3.1. T. "Landlord" is Englewood/Mclellan Reservoir Foundation. U. "Leasehold Mortgage' shall have the meaning set forth in Article I 8. V. "Leasehold Mortg11gee" shall have the meaning set forth in Article 18. W. "Lease Year" shall have the meaning set forth in Article 3.1. X. "Memorandum of Lease" shall have the meaning set forth in Article 17 .2. Y. ·'Monetary Default" shall have the meaning set forth in Article 13.1 . Z. "Non-Monetary Default" shall have the meaning set forth in Article 13.1. AA. "Permitted Exceptions" shall have the meaning set forth in Article 3.3.H . 3.3.A. BB. "rre-Dcvelopmcnt Rent" shall have the meaning set fonh m Aniclc • CC. "Premises• shall hove the meaning set fonh in An,clc 2.2.A. DD. "Real Estate Taxes" shall mean all taxes, however named. assessed. levied, or collected, whether on an ad valorem basis or other to~ing method on the Premises, Improvements, Buildings. and assessments for land. betterments, and improvements that arc levied or assessed on the Premises or the Improvements by any lawful authority, as finally detennined in accordance ~ith law, net of any applicable abatements, refunds. or rebates .. EE. "Rent• shall mean the lll1l0Wll set forth in Article 4. FF. ..Site Plan" as referred 10 in Anicle2.2.A and attached hereto as .Exhibit GG. "Suitability Period"' shall mean the period expiring January 31, 2010 as pro,,jdcd in Article 3.3.D. HH. "Tenant• is TT of Denver. Inc., and its pennittcd successors or assigns. II. "Title Commitment shall have the meaning set forth in Article 3.3.H JJ. "Ti tle Company~ shall mean Security Title Guaranty Company as agent • for Fidelity National Title lnsumncc Company, or such other title company mutually agreed upon by Landlord and Tenant. A. Lea.~ of Premises. For the term, uses, rent, and in consideration of the covenants and agreements contained herein, and for other valuable consideration, Landlord hereby leases 10 Tenant and Tenant hereby leases from Landlord, upon the following terms, stipulations. provisions. and conditions, that certain real property consisting of approximately 12. 79 acres at the nonhwest comer of the intersection of Highway 470 and Lucent Boulevard, located near Highl!lllds Ranch. Colorado, more particularly described in Exhibit A-1 allachcd hereto and incorporated herein by this reference ("Premi;es"). The locanon of the Premises is shown on Exh ibit A-2 hereto (the "Site Plan"). B. ~-Landlord hcm,y warrants lo Tenant that it has good, marketable and insurable title IO the Premises, free· and clear of any mongages, pledges, liens, and other encumbrances, subject only to the Permitted Exceptions. 3. Condi tion of Premise.~: Tenant Release. Except as otherwise expressly provided herein, the Premises arc being leased in their a:s-is condition. Except for Landlords representations and warranties cxpn:ssly set fonh in this Lease, Tenant hereby waives, releases, acquits and forever discharges Landlord and its officers, directors, shareholders, employees, 4 • • • • agents, successors and nssigns. of and from an1 and all suits. causes of action. clanns. demands . damages (actual :ind punitive), losses. costs. liahilitics, and expenses. including attorneys· fees, of any kind or nature. m law or m equity, known or unknown. which T en:int shall or may ha,·e or acquire or possess in any way directly or indirectly connected with, based upon, or arising out of Landlord's use, maintenance. leasing, ownership, opera1ion. and demolition ofimpro,emcnts upon the Premises prior to the Effective Date of this Lease: or (ii) the condition (including environmental condition and structural fitness), status, quality. or nature of the Premises. Except as otherwise expressly pro,·idcd herein, it is the intention of this Lease that any and all responsibilities nnd obligations of Landlord, and any and all rights or claims ofTenant against Landlord its successors a~,o assi!llls and affiliates, arising by virtue of the physic.ii condition of the Premises, are by this release declared null and void and of no present or future effect as to such panics. 4. Improvements. Tenant, at its sole cost and expense, with its own forces or those of its contractors, may construct Improvements on ll1e Premises. All of the Improvements shal l comply in all respects with all applicable governmental requirements. Landlord acknowledges that Tenant may sublease portions of the Premises to subtenants to the extent permitted hereunder, who may construct their own Improvements. However, the panics agree that notwithstanding such arrangements, Tenant shall remain responsible l:> Landlord to satisfy the obligations of Tenant under the Lease with respect to such portions of the Premises. S. ~-Land lord and Tenant agree, upon the reasonable request of either pany to this Lease, the applicable governmental agency, or a public utility, to execute documents which are reasonably required to create utility easements, temporary construction easements, u: other easements requi red to construct the Improvements, maintain and service the hnprovements or any other improvements to he developed on the adjoining lands owned by Landlord, pro\'ided such easements do not unreasonably interfere with either party's use of their property. Each party will undertake to obtain the consent of its mortgagee. if any, to any easements required under this paragraph. 6. Possession. Landlord shall deliver possession of the Premi ses to Tenant on the Commencement Date (as hereinafter defined). Article 3 Lea se Term and Conditions Precedent I. Tenn: E[caivc Date: Commencement Date. This Leas.-: shall become legally binding on the Effective Date. However, the lease term ("Initial Term") shall commence on the earlier of I) the date Tenant commences construction of the Improvements, or 2) June I, 2010: such date shall be the "C9mmen cc men1 Date." For purposes of this Lease. "commences construction" shall mean !lie date when Tenant begi ns construction of the foundation for any Improvement.~. Unless extended as provided belo\\', the Initial Tenn shall expire at 11 :59 p.m. on the last day of the calendar month of the twentieth (20111) year Lease Year. For purposes of this Lease, the te:m "Leas• Year" shall mean each twelve (12) month period beginning on the first day of the calendar month subsequent to the commencement of the Initial Tenn if the Initial Tenn docs not com mence on the first day of a calendar month . 5 ~-fa1cns1on Op1ion. T enanl shall have an opuon 10 ex lend the lease Lenn for an • addi1iona l lcn t 10) years ("First Exten sion Option"), If 1hc Firs1 Extension Option is exercised, Tenant shall have an oplion 10 extend 1he lease for nine add11ion~l ,1lnsecu1ive tcnns, each consisting of five (5) years. The First Extension Option and each additional extension option shal l be on 1he same lcnns and conditions as set forth herein (there shall be no options beyond 1he options granted in this Section 2), except the Base Renl at the commencement of the First Ex1ension Option. and at the first day of the twen1y six1h (261h) Lease Year, shall be increased by l~o of the Base Rent applicable to the year immediately preceding lhe increase. The renl during each of the additional five (5) year options shall be adjusted at the commencement of each additional option period for increases in the Consumer Price Index as provided in Article 4.2 . Tenant shall have the right 10 exercise its oplions by providing Landlord written notice exercising its op1ion to extend not less than one hundred eighty (180) days prior to the expiration of the then current tenn. As a condition of Tenant right to exercise one or more options to extend the term, al the Lime of the giving of its notice of exercise there shall be no uncured fa·ent of Default 3. Conditions Precedent Early Termination. A. Non-refundable monthly payments. Upon mutual execution of this Lease, Tenant shall pay to Landlord an initial payment of$10,000. Thereafter, Tenant shall pay Landlord an additional payment ofSl0,000 each month (the initial SI0,000 payment and all additional monthly SI 0,000 payments made wider tenns of this Paragraph A are herein referred to as the "Pre-Development Renn, Payment of Prc- Developmenl Rent shall continue until this Lease is tenninatcd or the commencement of Construction Rent . Except as expressly provided below in this Paroi,oraph, all Pre- Development Rent shall be non-refundable and shall be the sole proper1y of Landlord, free of any claim by Tenant ; provided however, in the even this Lease has not previously terminated , upon payment of the first monthly Construction Rent payment. all Pre-Development Rent shall be applied to Construction RcnL In the event Tenunt fails to make any monthly Pre-Dcvclopmenl Rent payment when due, and such failure continues for ten (10) days following written notice from Landlord. this Lease shall be deemed terminated without further notice to Tenant, and Landlord shall have the right 10 retain, free of any claim of Tenant, all Pre-Development Rent paid prior to such termination. Landlord acknowledges and agrees that the Pre-Development Rent shall be refundable to Tenant and this Lease shall tcm1inatc upon the oecurrenc,•, and only upon such occurrence of the following events prior to the Commencement Date: (i) a Taking of Substantially All of the Premises as provided in Article 12, (ii) Tenant's election to terminate this Lease as a result of an uncured default by Landlord as pro,ided in Section 13.3. (iii) Tenant's election to tcnninatc thi s Lease as a result of Lnndlord 's failure to cure a title ddect as pcnnilled under the provisions of Section 3.3 .H and the occurrence of a violation of an applicable Envirorunental Law resulting from an environmental condition of the Premises arising subsequen t to the Effective Date. B. Tenant's Right of Entry. Tennnt, its agents, employees, contractors, or subcontractors, prospective lenders and investors may, upon reasonable notice to Landlord. al all times after the date hereof. and until the earlier of the com mencement of the Initial Term or the termination of ihis Lease, have the right of 6 • • • • • access to the rrcm1scs 10 test. inspect. and c, alumc the Premi ses a, T ~nant deems appropriate, includ ing without limitation drilling. sampling or other test mi; proc,-dures. and a Phase I En\'ironmental Audit and any subsequent environmental testing required or recommended from such audit. Tenant shnll promptly restore an)' alterations mode to the Premises by Tenant. or at Tenant's instance or rci1uest. and Tenant shall puy for all work performed by Tenant, or at Tenant's instance or rcqUC$l. Any and oll liens on an)' portion of the Premises resulting from the actions or requests or otherwise at the instance of Tenant shall be removed by Tenant at its CXl)<-'llSC within thirty (30) days af1cr notice thereof i~ gi\lcn to Tenant. Tenant shall. at Tenant's expense, defend. indemnify, and hold harmless Landlord from and against any and all obligations, claims. loss, and damage, including costs and anomcys· fees, 10 the extent tile some arc caused by Ten ant ·sentry upon or inspection of the Premises. Tenant shall pro,ide Landlord in a commercially reasonable timcframe with copies oftest and reports obtained by Tenant during the Suitability Period and Approval Period. 'fenant's obligations under this subsection to restore, to pny for all work, to remove liens, and to defend indemnify and hold Landlord harmless shall survive the termination of this Lease. C. Landlord Deliveries. Landlord represents to Tenant that Landlord has prior to the Effective Date delivered to Tenant copies of all surveys and reports in Landlord's possession and pertaining to the Premises including but not limited to all engineering, cn,ironmental, and soils reports. D. Suitahility Period. Tenant shall ha,·e until 5:00 P.M on January 31, 20 10 ("Su ltah ili ty Per io d") to inspect and evaluate the Premises to determine it s suitability for Tenant's intended use. Tenant may, for any rcason and in its sole discretion, tenninate this Lease by written notice to Landlord given on or before the last day of the Suitability Period. In the event Tenant delivers the termination notice during the Sui tability Period, the Pre-Development Rent due and payable prior to the termination notice shall he retained by the Landlord, and any remaining portion of the Deposit, including UCC!llcd interest, shall be paid to Tenant. Upon Tenant gi\ing such tcnnination notice, and except to the extent Tenant's obligations survive os pr0\lided above in subsection J.B. this Lease shall terminate and be of no funher force and effect nnd each party shall be relieved of all further obligations hereunder. If Tenant does not deliver to Lnndlord written notice of termination resulting from its inspection prior to the expiration of the Suitability Period, Tenant shall be deemed to 'have waived its right of termination under this Paragraph D. and this Lease shall continue in full force and effect. E. Financing. Tenant shall have until June I, 2010 to obtain financing for development of the Premises or a ponion thereof as an automobile dealership . In the event Tenant fails to obtain such financing on terms and conditions reasonably satisfactory to Tenant by June I, 2010, Ttnant shall have the right to tenninatc this Lease by giving Landlord written notice of such termination on or prior to June I, 2010, and such notice shall include a ccrtilieation by Mike Ward that Tenant wa~ unable to obtain such financing. In the event Tenant delivers the termination notice under the terms of this Paragraph E. the Pre-Development Rent due and payable prior to th e termination notice shall be retained by the Landlord, and any remaining portion of the Deposit. including uccru~-d in1crest. shall be paid lo Tenant . L'pon Tcnan1 s11ing 1IS • notice of1ennma1ion of1his Lea.,;c for tinlun : 10 obtain such financing as pro\'ided in this paragraph. except lo the extent Tenant\ obligations survive as provided above in subsection 3.B. each party shall be relie,·ec . of all further obligat1ons hereunder. If Tenant does nol dehver to Landlord written notice of1cnnina1io11 as provided in 1his Paragraph on or before June I, 2010, Tenant shall be deemed to ha,·e wai\'cd its right of 1enninat1on under this raragrnph E. and this lca.~c shall continue in full force and effect F. Appro"al Period. Tenant shall ha\'c umil 5:00 P.M. on June I, 2010 ("Approva l Pr riod"), subject 10 extension as hereinafter provide, in which to oblain at its sole cos1 the agreements, nnd governmental approvals. including building permits, which arc neccss.vy for Tenant's proposed development of the Premises as a first-class lnfiniti new car dealership. Tenant shall submit its application for all necessary permits 1ogcther with all supporting documentation required in COMection with such application in a timely mnMer, and thereafter Tenant shall diligently pursue such applications with commercially reasonable effort and diligence to obtain issuance of nil such permits. During the Approval Period, Tenant shall provide Landlord wrincn reports as to ilS progress and the status of rezoning and applications for ap provals required by Tenant fo r its intended development of the Premises and such other information which Tenant reasonably determines is relc\'ant to landlord about the Premises. In the event Tenant is unable to obtain any agreement or approval reasonably acceptable to Tenant and necessary for its development of the Premises, Tenant may terminate this Lease by written notice 10 Landlord, specifying the agreement or approval Tenant failed to obtain, given on or before 1he last day of the Approval Period. In the event Tenant deli"crs • the described termination notice during the Approval Period, the Pre-Development Rent due and payable prior to the termination notice shull be retained by the Landlord, and uny remaining portion of the Deposit. including accrued interest, shall be paid to Tenant Upon Tennnl giving such lermination notice. and except to the extent Tenant's obligations survive as provided above in subsection 3.B, this lease shall terminate and be of no furthlT force and effect and e;ich party shall be relieved of all further obligations hereunder. If Tenant does not deliver to Landlord a termination notice prior to the expiration of the Approval Period, Tenant shall be deemed to hnvc waived its right oftcrminntion under this Paragraph F, and this Lease shall con1inue in full force and effect. G. IJntcntionally Deleted). H. Within IO days following mutual execution of this Lea~c. Land lord shall furnish to Tenant a title commitment for n lcasehold title policy covering the Premises (lhe "Tille Co mmitmenf') issued by 1hc Title Company. with said commitment to insure. subject to the requirements and exceptions set forth therein, a leasehold estate in the Premises in Tenant in the amount ofSS,228,000. Lundlord shall cause the Title Company 10 furnish Tenant copies of all recorded instrumenlS referred to in the Tille Commitment. Landlord shall cause the Title Company to issue to Tenant, within thirty days following the expiration of the Appro,·al Period an ALTA leasehold title insurance policy insuring Tenant's leasehold estate in 1he Premises, subject only to the Pcm1ittcd • Exceptions. Landlord shull pny the cost of the leasehold ti tle insurance policy, and shall 8 • • • have 1hc right 111 us~ o ponion of1hc Dcros11 lo make such pa)mcm . Landlord shall also c<>opcratc with Tenant, at Tenant's expense. in ob1ainmg a simultancou.s issuance of a Lender's Policy for Tcnant·s mongagc-e. and if desired by Tenant. a leasehold policy for Tenant in exc.:ss ofSS.228.00010 take into account 1he improvements to be constructed. Tenant shall pay the premium for any co,·erage in excess of S5.228,000 for the l~sehold policy. and shall also pay the cost of the Lender's Policy, based on n simult11J1eous issue rote. ifav,1ilable. In the event Tenant wants an upda1ed suney, it shall be responsible for doing so and Lnndl1 rd shall reimburse Tenant for the cost, up 10 a maximum ofSS,000. by crediting such amount against the first rental payment due. ·n,e Permitted Exceptions shall not include standard printed exceptions I through 5 on Schedule B-2 o.'the Title Commitment, and Landlord shall cooperate on obtaining the deletion of such exceptions, including the execution of an indemnification and affidavit in form reasonably satisfactory to Landlord. On or before December I, 2009, Tenant shall give Landlord notice of all title defects shown in the Tille Comminnent which arc not consented to by Tenant as Pennitted Exceptions. Tenant acknowledges and agrees th at it has reviewed and approved the exceptions to title set fonh on Exlhit B attached hereto, and such exceptions, together with any and all other matters affecting all or any ponion of the Premises disclosed by the Title Commitment (as exceptions, requirements, or otherwise> which are not the subject of a timely notice from Tenant to Landlord shall be deemed accepted by Tenan1 and are herein referred to as the "Permitted Exceptions". If Tenant notifies Landlord of any title or survey defects to which it objects. then within twenty (20) days after Landlord receives such title or survey c,bjection notice. Landlord shall advise Tenant what if anything. it will do to address rhe objection. Landlord shall use reasonable cfTons to cure any utle objections, pro"idrd, however. in the event lhe cost to cure such objection exceeds the sum of S5,000. Landlord shall have the option of declining to cure such objection. If Landlord notifies Tenant prior to the end of the Suitabi lity Period that it is not able to reasonably cure each defect objected to, or that the cost of such cure exceeds S5.000 and Landlord declines to cure such objection, Tenant may, by written notice lo Landlord, terminate this Agreement und obtain a full refund of any Drposit, or, ifit fails to give such notice, Tenant shall be deemed to have waived such defects and shall accept the same as Permitted Exceptions. The notice of1em1ination shall be given no later than (i) twenty (20) days following the notice that Landlord will not cure any defect. If Tenant does not notify Landlord of its decision to terminate or waive within the time required, Tennnt shall be deemed to ha,·e waived its objection lo such defects and to hove accepted such defects as Pcm1i1tcd Exceptions. In the event Landlord notifies Tennnt that it will cure a title objection. and thereafter fails to do so, Tenant by written notice to Landlord no later than sixty (60) days following Landlord's notification that it will cure, may terminate this Agreement nnd obtain a full refund of any Deposit. or, if it foils to gi,·e such notice, T1:nant shall be dcem~-d to hove" ai,·ed such defects and shall accept 1hc same as Pc'TTllitted Exceptions. In the event ofa termination of this Lease by Tenant pursuant to this subparagraph. the Deposit shall paid 10 Tenant and botl, panies shall thereupon be rclic,·cd of all funhcr obligations. Notwithstanding any other provision to the contrary, Landlord agrees to pay in full and discharge any lien securing a monetary indebtedness incurred by Lundlord . 9 I. In 1he c1 cm the Tcnanl dcfauhs (aflcnhe expiration of' any upplicahle • nm ice 311d cure period) under 1hc 1erms of1h1s Lease pnor 10 lhc Commenc«.-mcn1 Date. 1hc Deposi1 shnll be paid 10 Landlord ns liquidated damages. Provided Tenun1 is 1101 1hcn in default hereunder, the Dcposi1 shall be paid 10 Landlc,rd upon the Commencement Date and shall be applied 10 lhe Base Rent Anlcle4 Renl I. Conmuction Rent, Tenanl shall pay 10 Landlord, in Uniled Stn1es Dollars, rem ("Co nstruction Rent") in the annual amount ofS214,496 (b3sed on S0.385 per square fool and 12. 79 acres), payable monthly in the amount ors 17,875. Construction Rent shall be payable in equal monthly installments, eommeacins oo the Commencement Date, and continuing until the "Bnse Ren1 Stan Date. as her~inofler defined. The "Ba~e Rent Stan Date" shall be the earlier of (i) the date Ten3111 opens for business to the public on the Land or (ii) Apri l l, 20 11, Commencing on the Base Rent Stan Da1e, Tenant shall pay ren1 ("Ba~e Rent") in the annual initia l amoun t of seveuty nine ccnls ($0,77) per square foot of the Land ns cenified on the Survey (being approximately $428,992), in equal monthly installments. Construction Renl and Buse Rent shall be payable in advance on the first day of each calendar month, wi th appropriate proration for any p:u1ial calendar month or Lease Year, at the address given for Landlord in Paragraph 31 hereof. unless and until thirty (30) days after Landlord gives Tenant written notice of a change of address or of the pany or parties (but 1101 more than 1wo panics) 10 whom such rents shall be payable. 2. Ba,~e Rent. Tennnl shall pay 10 Landlord. in Uni led Stales Dolla;s. beginning on the Base Rent Start Da1e, Bnse Rcn1 in 1he annual amount of S428.992 (based on SO. 77 per square foot and 12.79 acres), payable monthly in the amow11 ofS35,749. Base Rent shall be payable in monthly installments. in advance on the first d.iy of each calendar month. with appropriale proralion for any partial calc11dnr monlh or Lease Year, al the address given for Landlord in Article 17 hereof. as such address may be chang,-d in accord311CC with Article 17 .. The Base Ren1 shall be adjusled as provided in Paragraph 3 ofth1s Article 4. Landlord shall apply the Deposi1 (including accrued intcresl), including the amounl applied 10 the cosl of 1he Title Policy as pro,~dcd in Article 3.3.H, first 10 the Construction Rent and any excess 101he Bnsc Rent 3. Rem Adjustment~. A. Base Rcn1 shall be adjuslcd during the lni1ial Term as follows: i. Lease Year 61hru ID-annual ren1 ofS471 ,8!11. ii. Lease year 11 thru 15-unnual rcnl ofS519,080, iii. Lease Ycur 16 lhru 20-annual rent ofS570,988. B. ln the evcn1 Tenant exercises the First Option 1he rent shall be: i. Lease Year 21 1hru 25-annual renl ofS628,087. 10 • • • • • 1i. Lease Year 26 thru JO-annual rent ofS690.896 . C. In the event Tenant exercises one or more additional options, the rent shall be adjusted elTecti\•e on the first day of each additional option period, (in each case, the "Adjustment Date"). On the first Adjustment Date, being the first day or Lease Y car 31, the Base Rent shall be increased by an amount equal. to the percentage increase in the CPI Index (as defined below) from the Commencement Date of this Lease to the current Adjustment Date, but in no event shall the Base Rent beginning the first day of Lease Year 31 (i) be less than the Base Rent for the preceding Lease Year, nor (ii) more than thirty percent (30%) more than the Base Rent for the preceding Lease Year. On each additional Adjustment Date, the Base Rent shall be increased by an amount equal to the increase in the CPI Index from the (:()mmencement of immediately preceding option period; provided, however, in no e,·ent shall the increase subsequent to the first Adjustment Date be more than twenty percent (20%) of annual rent for the year immediately preceding such adjustment. D. As use herein, the CPI Index shall mean: i The Consumer Price Index for all Urban Consumers, Denver, Boulder, Metro Area. All hems Index (CPI-U, 1982-84 equals JOO), published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI Index is published with numbers issued other than on a monthly basis , the CPI Index shall be the CPI Index number published for the date closest lo the Commencement Date or the applicable Adjustment Date. ii. If the CPI Index is discontinued, the CPI Index adjustment shall be made using comparable statistics on the cost of living for the Denver, Boulder metropolitan area as computed and published by any agency of the United States Government or by a responsible financial periodical or recognized 4Ulhority selected in the reasonable discretion of Landlord. 4. ~-This Lease is a net lease. Except as may be expressly provided otherwise in this Lease, all costs incurred in connection with the construction, operation, mai nt enance and leasing of the Improvements and all costs incurred in ~nnection with and in relation to the Premises shall be paid by Tenant. Landlord shall have r,o obligation to mnkc any repairs, replacements or renewals of any kind, nature or description whatsoever to the Improvements or the Premises. 5. Security Deposit. Simultaneously with the execution of this Lease by Landlord and Tenant, Tenant shall deliver to Security Title Guaranty Company, as Escrow Agent. the Deposit (as defined in Section 1.1.N), and Escrow Agent shall invest the Deposit in an interest bearing account. Escrow Agent. upon receipt of the escrow funds, shall pay to Landlord the Pre- II Development Rent for the current month , and shall continue such monthly puymcnts until the • first payment of Construction Rent is due (after applying the credit for nil Prc-De,elopmcnt Rent). Thereafter, escrow agent shall continue to pay to the Landlord the Construrtinn Rent until such time as the escrow fund, including acCl\led interest is exhausted. In the c,ent Tenant defaults under the tenns of this Lease, the balance ofth.-escrow fund, including accrJed interest shall be paid to Landlord, ,,., apply against any nnd oil on ·ounts due as o result of such default, including any damages, attorneys' fees or other costs due Landlord. I. Real Estate Taxes. Article S T axes A. During the term of this lease, Tenant shall assume, pay, bear, and discharge any and all Real Estate Taxes "~th respect to the Premises, or any part thereof, and all other taxes in any manner applicable to or assessed against the Premises or Buil:lings or any part thereof, or against any of the machinery, fixtures, equipment, or other property or items. Tenant shall pay all Real Estate Taxes directly to the taxing authorities and Tenant shall be credited all reimbursements on account of abatements, refunds, or rebates of Real Estate Taxes during the term of this Lease. Landlord hereby authorizes Tenant to file and pursue any protest of the valuation of the Premises and abatement petitions for abatement of taxes for any reason, as Tenant may deem to be appropriate. Landlord agrees to execute any form of agreement as may be necessary in connection therewith. B. In the event the Premises arc now included in a larger tax parcel owned by Landlord, Landlord shall take such auions as may be necessary to make the Premises a separate Tax Parcel. Tenant shall cooperate Mth Landlord in such action. C. In the event there is a special assessment which is included within the definition of Real Estate Taxes herein, and such assessment may be paid in periodic installments, Tenant shall pay such in such periodic installments or may prepay or retire the principal indebtedness on any special assessment and Tenant shall be responsible only for those installments relating to the period included within the tenn of this Lease, based upon the maximum number of installments in which the same may be paid. In the event of any proposed special assessment would provide for payment extending beyond the term of this Lease (excluding and exten sion period), unless Tenant agrees to pay for all of such assessment, Lnn<llord shall have the right to participate in the process of approving or rejecting such assessment. D. Landlord shall cooperate Mth Tenant so that all invoices for Real Estate Taxes shall be sent directly by the ta:xing authority to Tenant. E. Landlord agrees to submit to Tenant any invoices for Real Estate Taxes nnd noti= of special assessments with respect to the Premises which are sent to • Landlord within thiny (30) dnys after receipt by Landlord. Landlord shall furnish • Tenant with copies of all !llotices of Valuation of the Premises which arc sent to 12 • • • Landlord wnhin ten ( I 0) days after receipt thereof and in sufficient time to allow Tenant 10 dctcnnine whether or not to contest any increase in Real Estale Taxes or valuation. lf Tenant desires 10 contest such increase. Tenant shall protest such valuation or file an abatement petition within applicable statutory time periods. Lnndlord shall fully cooperate "ith Tenant in any such proceeding. 2. Proration ofTaxes. If the Term shall expire on any date other than December 31st of any year, the amount payable by Tenant during the calendar year in which such termination occurs shall be prorated on the basis which the number of days from the commencement of said tax fiscal year 10 and including said termination date bears to 365. A similar proration shall be made for the tax fiscal year in which the Tenn commences. 3. Personal Property Taxes. Tenant shall pay all taxes charged against trade fixtures, furnishings , equipment or any other personal property belonging to Tenant. Lessee may contest any such personal property taxes, assessments (If valuations; provided, however, Tenant shall do so within the time P<,-riod permitted by applical,l, statutes. Article 6 Utilities I . Utjljty Usage. Tenant shall assume, bear, pay, and discharge as its sole and separate obt;gation all of the applicable charges for all utilities consumed on the Premises. Except in the event of a.1 emergency, neither Landlord nor Tenant shall take any action which shall interrupt or interfere with any electric, gas, water, sewage, or telep.honc senice to the Premises or to the adjoining property owned by Lnndlont Article 7 Use, Subletting, and Assignment I. ~. Tenant may use and occupy the Premises during the Tenn of the Lease for all Ja,yfu) uses in accordance with the rcciuircments of this Lease. 2. Assjgnment and Sub!ettjng. A. Tenant shall have the right to sublet all or any part of the Premises or assign this Lease upon Landlord's prior written consent which shall not be unreasonably withheld. In the event Tenant assigns this Lease in connection with the sale of its automobile dea lership business, Landlord's consent to such assignment shall not be required provided I) no uncured Event of Default then exists, and no event has occurred which, with the passage of time or the giving of notice, would constitute an Event of Default, 2) the assignee has been approved by Infiniti or the applicable automobile manufacturer granting the dealership rights to the assignee, and the assignment otherwise complies with the provisions of this subparagraph 2. Ir. the event Landlord fails to respond to a request to consent to an assignment within thirty (30) days following receipt of a written request for such consent, Landlord shall be deemed to have given its consent. B. In the event (i) Tenant subleases part or all of the Premises, (ii) such sublease docs not include any bui lding(s) on the Premises or a requirement that Tenant 13 c,,ns1ruc1 any huilding(s) with the cost 10 he inclu~ed m 1hc rent and such poni11n of1hc • rent as not separately idcnuliablc from the rent for the \'acant land only. and (iii) the rent or other consideration paynblc under such sublease wuh rcsp<..'C1 to the vacant land is greater than the Base Rent due hereunder, then Ten ant shall pay 10 Landlord one half (I 2) of such exC<.'SS amount, after first recovering Tenant', J'ransaction Costs as hereinafter pro,~ded . Any excess amount payable 10 Landlord shall be payable from time to time only ns wh<.'11 Tenant receives the rent from its suh-tena11t. lfTenant assigns this Lease. and there arc no bui ldings on the Premises at the time of such assignment. and Tenant receives compensation in addition to the assignee's agr<.'Cmcnl to make the payments due undCf this Lease. Tenant shall pay to Landlord one half(I 2) of such compensation. In calculating ru,y excess rent or compensation for an nssignment under this Paragraph B, Tenant shall first be reimbursed for its costs ("Tenant's Transaction Costs") in connection with such sublcase()r assignment and the Premises covered thcreu.nde,, including but not limited to any site work. any approvals obtained from governmental agencies, and en1,tineering or survey work. any development fees paid to any governmental agency and any commissions or marketing costs. If such costs relate to both a portion of the Premises which is subjec1 to Landlord's right to payment under this Paragraph B and also to other portions of the Premises, the costs shall be equitably apponioned. Notwithstanding anything contained herein to the contrary, in no event shall Tenant have any obligation to make any payment to Landlord for the first sublease of ponions oflhe Premises entered into by Tenant on or before December 31, 2014. C. Any 11Ssignment or subletting shall be efTective only upon delivery to Landlord of an instrumP.nt efTectin1; an assignment or subletting of this Lease by Tenant, • executed by Tenant and th~ as,,;gnee or sublessee. Each assignee shall agree to assume, be bound by, and perform all terms, covenants, and conditions of this Lease to be kept and performed by Tenant and which arise after the cfTective date of the assignment. After execution of the assignment or sublease. Tenant will forward a completed copy thereof to Landlord. D. In the event Tenant subleases or assigns this Lease, Tenant shall remain liable for all of Tenant's obligations to Landlord wising hereunder, unless, with regard to an assignment of this Lease, the assignee or a substitute !,'ll3ral1tor has a net worth of not less than Six Million Dollars {S6,000,000), including uneneumb~'!'cd liquid assets of not less than One Million Dollars ($1,000,000), or unless Landlord otherwise consents in writing to a release ofTenanl, which consent shall be in the sole discretion of Landlord. 3. Recognj1jon Agreement. Upon the request of Tenant, Landlord shnll enter into a recognition agreement with a sublessoc under un "Approved Sublease" (as hercinbel ow defined) to the cfTect that, notwithstanding the termination of this Lease by Landlord, such sublease and the rights of .nc sublesscc thereunder shall not be disturbed by Landlord but shall continue in full force and efTcct as a direct agreement between Landlord and such sublcssce so long as such sublessee shall continue to observe und perform for Landlord's benefit all of its obligations under such sublease. A sublease shall be considered an "Apprond Sublease·• if{i) the sublcssee thereunder is an entity that is unrelated to Tenant, (ii) if the sublease CO\'Crs the land shown on the Site Plan as Parcel I. ·,ere is on ly one suble.osc of all Parcel I, or if the sublea.;e covers all or a portion of Parcel 2. th •• nre no more than three subleases, (iii) the sublease either (a) obligotes 14 • • • • the suble ssee to pa)· Base Rent in a per square foot amount not less tha i, •~ pe r square foot Ba e Rent payable under this Lease (including escalations thereof as they occ, : 1 as well as all other ch arges payable by Tenant under th is Lease , or (b) obligates the subles sc • to agree with Landlord in the recognition agreement that if the sublessee·s monetary obligation:-1,, : .:nant are less than that described in the clause (a). then upon tcm1ination of this Lease sublcssc •~ monetary ob ligations to Landlord shall equal Tenant 's per square foo t rental obligations under this Lease , (iv) the sub lessee covenants , upon any termination of this Lease, to cure any defaults of Tenant that arc nonmonctary and are otherwise susceptib le 10 cure by the sub lessee , (v) Landlord is no t bound by any rent paid by the sublessee more than thirt y (30) day s in advance , and is not responsible for any security deposit posted by the sublessee that was not received by Lan dlord , (vi) Landlord is not liable for any default by the sub lessor under the sublease (provided that Landlord shall perform those obligations aris in g or newly accruing after the date of termination of this Lease), and (vii) Landlord shall not be required to perform any covenants undertaken by the sublessor under the sublease that are not covenants of Lantllord under this Lease. Ter.ant shall reimburse Landlord for its attorneys' fees and any other direct out of pocket costs incurred in connection with the recognition agreement. Article 8 (Intentionally Omitted I Article 9 Mechanics Liens I. Liens. Tenant shall promptly pay when due the entire cost of all work done to the Premises by or at the request ofTenant and Tenant shall keep the Premises free of liens for labor or materials. Sho uld mechanics', materialmen's, or other liens be filed against the Premises. Tenant shall cause the lien 10 be canceled and discharged of record, or shall file a bond in substitution of the mechanic 's lien in accordance with the provisions of Colorado Revised Statute 38-22-131, ct. seq ., within forty -five (45) days of Tenant's receipt of notice of such lien . Notwithstanding the foregoing. Tenant ma y contest , in good faith and with reasonable diligence, the \'alidity of any such lien or claimed lien, provided that Tenant shall give lo Landlord such security as Landlord may reasonably request ensure the payment of any amounts claimed. If the Tenant con tests a lien or claimed lien, then on final determination of the lien or claimed lien, the Tenant shall cause the lien to be released and, in the event of an adverse judgn1ent, satisfy such judgment. 2. Protection of Landlord 's Interest in Premises. Nothing in this Lease shall be construed as giving Tenant or any other person any right, power or authority to act as agent of or to contract for , or permit the rendering of, any services or the furnishing of any materials in such manner as would give rise to the filing of any mechanics' lien s or other claims against the fee of the Premises or the improvements thereon . Landlord shall have the right at all rea ~•-ahle times to post, and keep posted, on the Premises any notices which Landlord may deem r ,-, .,sary for the protection of Landlord and it in!erest in the Premises and the improvemen ts th ,· • 111 from mechanics' liens or other claims . 15 Article 10 In demnity and Ins ura nce I. Indemnity. From and after the Effecti\'e Date and continuing at all times thereafter during the Term hereof: A. Tenant assumes all risk ofloss. damage, or destruction to the Premises , lmprO\ ements, Buildings and contents. or to any other propcny brought upon the Premises, Improvements, and Building by Tenant, or by any other person, with or without the consent or knowledge of Tenant. Tenant hereby indemnifies and agrees 10 protect and defend Landlord from all such loss , damage, or destruction including claims and causes of action asserted against Landlord. B. Tenant shall indemnify and save hnrmlcss Landlord from any and all claims, losses, damages, or expenses, on account of injuries 10 or death of any and all persons whomsoever while on the Premises, and any and all loss or destruction of or damage to the Premises, the Improvements, the Building and any contents and personal property located upon the Premises and owned by, rented to, or in the care, custody, or control of the parties hereto, or any of Tenant's subtenants, arising or growing out of. or in any manner connected with: (i) any use and occupancy of the Premises by Tenant or any subtenants for a Permitted Use or otherwise; (ii) caused or occasioned, in whole or in part, by reason of or arising during the presence upon the Premises of the person or the property of the Tenant, it~ officers. employees, a gen IS, subtenants, renters, • customers, invitees, licensees. servants, contractors, subcontractors, materinlmen, • suppliers. workmen, laborers. and the employees and agenlS of each of the foregoing. or any and nil other pcr.<ons, in\'ited or otherwise, with or without Tenant's consent, while on the Premises; (iii) arising out of or resulting from Tenant's dewlopment, sale or marketing of the Premises and/or the Improvements; and (iv) any plnns or designs for the lmpro"emenlS prepared by or on behalf ofTenwlt or Guarantor. C. Tenant hereby indemnifies and saves hnnnless Land lord and uny of its officers, members, contractors and agents from any and all claims. losses. damages, or expenses, on account of injuries to or death of any and all persons "'homsoevcr, and any and all loss or destruction of or damage to any real or personal property adjacent to the Premises, caused by Tenant or any of its employees, managers, members, officers, contractors, subcontractors, materialmen, suppliers. workmen, laborers, subtenants, renters, licensees, servants or agents. D. The foregoing indemnities shall not apply to any injuries, death, clnims, losses, damages and expenses to the extent arising as a result of any negligence or intentional acts of Landlord or its officers, employees, contraC1ors or agents. E. Land'ord hereby indemnifies and saves harmless Tenant, to the extent permitted by low, from any and all claims, losses, damages, or expenses, on uccount of injuries to or dct1lh of any and all persons whomsoever while on the Premises, and any and all loss or destruction of or damnge to the Premises, the Improvements. the Building • and any contents and personal property located upon the Premises and owned by, rented 16 • • • 10. <>r in the care. custody. or control nl"thc parties hereto. or an) of Tenant's subtenants . arising fmm the negligence or willful misconduct of Landlord. its omcers, emplo)·ecs. or agents. 2. Aprear and Defend. Landlord and Tenant further agree, that if u is the indemnifying party, that it will appear and defend at iLS own expense, in th: name and on behalf of the indemnified party, all claims or suits for injuries to or death of persons or loss or destruction of or damage to property arising or growing out of or in any manner coMected with or caused or occasioned by or in coMcction with its indemnities set forth in Article I 0.1 above. A. Propeny Damage. During the period of construction, Tenant shall keep or require its general contractor to keep, a policy of builders risk insurance covering loss or damage to the Improvements for the full replacement cost of all such construction. During the Tenn and all option periods, Tenant shall keep in full force and effect a policy of all risk, special fonn or equivalent fonn property insurance covering loss or damage to the Premises in the amount of the full replacement cost of the Building and other improvements on the Property. in an amount at least equal lo the hard costs of construction, with a deductible that is commercially rca.sonoblc in light of Tenant's financial strength. B. Liability lnsurpnce. During the Term, Tenant shall keep in full force commercial gcncrnl liability insurance or garage liability insurance (collectively, "CGL"), with bodily injury and property damage CO\'erage with respect to the Premises and business operated by Tenant. which shall name Landlord and, at Landlord's written request , Landlord's first Mortgagee as additional insureds as their rcspccti\'C interests may appear. The limits of such CGL policy shall be not less than $2,000,000.00 combined single limit for bodily injury and property damage, with a deductible thal is commercially reasonable m hghl ofTennnt's financial strength. The CGL policy combined single limit for bodily injury and property damage requirement may be increased by Lhndl,1rd, but not more than once in any three (3) year period, 10 a commercially prudent and reasonable amount, based upon the then current general liability insurance conditions prevailing in the metropolitan Denver market C. Workers' Comrensarion ln<urance. To the extent required by law. Tenant shall maintain workers' compensation insurance cov<:ring its employees in slatutory limits. D. Aulomobile Liability. Tenant shall mainlain al all times during the Tenn garage liability insurance covering liability arising out of the use of(!) oil Tenant owned vehicles. (ii) all vehicles hired or leased by Tenant and {iii) all non-owned and borrowed vehic les. E. Fonn of Po!icjes. All insurance required by this Section shall be with insurers licensed or othct'\,isc pe,mincd to conduct business in the state in which the Premises arc located. Any insurance hereunder may be provided under blanket policies of insurance . All property insurance maintained by Tenant pursuant to subparngraphs (a) and 17 (b) of this Secllon shall name Tenant as insured and Landlord as aJditional insured. as their • interests may appear, and, so long as the Premises are mong:iged pwwant to a mongagc of which fenant has received written notice, shall be .,uoject 10 a standard mortgagee clause in fa\'orofLandlord's first mortgagee. F. Policy Proyjsjons. All policies of insurance (other than self-insurance} enumerated above shall be provided by insurance carriers having at pol icy commencement a Best rating of not less than A-VIII; provided, however, that if the rating of any such insurer falls Mlow such level, such rating reduction shall not constitute a default hereunder provided all renewals of such policies shall be with carriers with a Best rating of not less than A-VIIl at the time of such renewal. An increased coverage or "wnbrella' policy may be provided and utilized by either pany to inc:reasc the coverage provided by individual or blanket policies in lower amounts, and the aggregate coverage provided by all such policies with respect to the Premises-and Tenant's liability hereunder shall be satisfactory provided that such policies othern~se comply with the provisions of this Section 11. G. Wajvcr ofRight of Recovery and Subrogatjon. With respect to any loss OO\'ered by insurance or n:quired to be covered by insurance hereunder, Landlonl and Tenant hereby waive any and all rights of recovery against each other for any loss or damage to the Premises or the contents contained therein, or for loss of income on account offirc or other casualty; and each par1y's aforesaid policies of insurance shall, to the extent available, contain appropriate provisions recognizing this mutual release and waiving all rights of subrogation by the respective insurance carriers . H. Eyjdence of!nsurance. On or before the Commencement Date, Tenant shall cause to be issued to Landlord certificates of insurance evidencing compliance with the applicable covenants of this Article 10. Each such certificate shall provide that at least thirty (30} days' notice of cancellation shall be given to the certificate holder. Article II Damage or Destroction I. If the Premises or any of the Improvements are damaged or destroyed during the Initial Term or Fim Extension Option by a fire or other casualty ("Casu1 lty'l, this ~e shall continue in effect, and Tenant shall continue to pay the Rent without abatement. Tenant shall remove and dispose of all hazardous materials in accordance with applicable legal requirements and take such action as may be n:quired under applicable municipal ordinnnces and oth~ Isws, rules and regulations with respect to any damage or destruction of the Tenant's lmprovemeuts. Tenant shall not have any obligation to repair and/or rebuild the Tenant 's Improvements damaged by fire or other casualty or cause. Tenant shall promptly provide a sightly bamer and shall remove all debris from the damaged portion of the Tenant's Improvements and use diligent efforts to place the Premises in an orderly and safe condition. If requested by Landlord should Tenant elect not to rebuiU, Tenant shall, at its sole cost and expense, raze and remove any remaining portion of th~ Tenant's Improvements and fill and grade the Premises in a safe and sight ly manner. Tenant shall retain any excess insurance prorecds. 18 • • • • • 1. In the c, cnl Tenant clecLs 1eo n.11air and or rebuild the lmpro,cmcn1,. 1f 1hc ~1•sl of such n.;,a1r or rcs1orauon shall be less than the ,n,umncc proc<-cds paid ns a rcsuh of the Casually. Tenant shall he cn1i1lcd 10 retain lhc balance of such proceeds 10 lhe exlcnl not r,-qu1rcd 10 be applied 10 any Leasehold Mortgage. Tenant shall complc1c nil work prompll} ancr the occurrence of1he Casually. All rcp:ur and or res1ora1ion work shall be performed in a good and workmanlike manner and shall be subject 10 nil pro .. isions oflhis Lease applicahle 10 construction of the lmprovcmenls . 3. In the e,·cn1 the Casually occurs during the la~, 1wo lease years of any extensi on following the expiration oflhe First Extension Option, ifTenant elects not to repair and/or rebuild Wld gives wrincn notice to Landlord within one hundred twenty ( 120) days of lhe date of the Casualty of such election, Landlord shall have the option, exercised by wrinen notice 10 Tentll11 on or before th e earlier of (u) one hundred twenty (120) days following written notice from Tenant of its election not to repair and/or rebuild , or (b) 1wo hundred forty (240) days following the date of1he Casualty, 10 (a) continue the Lease 10 the end of the then current ICffll. in which case there shall be no abatement of rent, and the insurance proceeds shall be paid 10 Tenant except 10 lhe extent required 10 payoff and discharge any Leasehold Mongage, or (b) 10 tCffllinate the Lease effective as of one hundred iwen1y (120) days follo"ing the date of the Casually, in which case the insurance proceeds shall be paid to Landlord except to the extent required to payoff and discharge any Leasehold Mortgage. Promptly following lhc Casual ty, Tenant shall promptly provide a sightly barrier an.: shall remo,•c Wld dispose of all hazardous materials in accordance with applicable legal requirements, toke such action as may be required under applicable municipal ordinnnces and other laws, rules and regulations with respect to any damage or destruction of the Tenant's Improvements. and shall use diligent efforts 10 place the Premises in an orderly, clean and safe condition. lfTenan1 docs not elect 10 repair and/or rebuild, if requested by Landl ord, Tenant at its sole expense (usi ng any insurance proceeds 10 the ex1en1 applicable) shall remo,·c and raze the ponion of the Prctnises which is damaged, remove and dispose of all hazardous materials in accordance with applicable legal rcquircmcnls, and. al Landlord's election. fill Wld grade the Premises in a safe. clean and sightly manner as existed on the Commencement Dale. or seed such ponion of 1he Premises as designated by Landlord. Any remaming insurance proceeds shall then be used 10 pay off and discharge any Leasehold Mongnge. and the balance, if any, shall be paid to landlord. In the event Landlord enters into a subordination agreement with Tenant's leasehold mortgagee, notwithstanding any provision in the agreement 10 the contrary, in no event shall the righl of Landlord or Tenant 10 use insurance prO<'• ~, ;o remove and raze the damaged portion or remove and dispose of hazardous materials bed, ,11,,d subordinated to the rights of such leasehold mongagcc. Article 12 Eminent Domain I. DefiniliQn pfTakjnl! and Substantial Taking. For the purpose of this Lease, a "Taking" shall mean any condemnation or exercise of the power of eminent domain by any authority vested with such power or any other taking for public use, including a private purchase in lieu of condemnation by an authority \'Csted uith the power of eminent domain ; the "!!.!!t.2! Taking" shall mean the earlier of the date upon which title to the Premises or any portion thereof or any right appuncnanl thereto so taken is vested in the condemning authority or the date upon which possession of the Premises or any ponion thereof is taken by the condemning authority: 19 and "S uhstantlall y All of th e Premises ' shall mean so much of the Premises or the rights • appuncnant thereto as, when 1akcn, leaves the untakcn ponion unsuitable in Tenom·s reasonable opinion for the continued feasible and economic operation of1he Premises by Tenant for the same purposes as immedin1ely prior lo such Taking or as contemplated herein. 2. Tenant's Rights Upon Taking or Substantiul Taking. Each party agrees to furnish the other a copy of any notice of a threatened or proposed Taking received by such party. In the event of a Taking of Substantially All of the Premise.~, this Lease shall tcnninate and both Landlord and Tenant shall be relieved from all further obligations hereunder from and after the Dote of Taking. All Base Rent and other sums payable by Tenant hereunder shall be epponioncd and paid through and including the Date ofTaking, and neither Landlord nor Tenant shall have any rights in any compensation or damages payable to the other in connection with such Taking. 3. Tenant's Rjghts Upon Les,~ Than Substantial Takjng. In the event of a Talcing of less than Substantially All of the Premises, Base Rent and other charges shall be reduced fairly and equitably in accordance with the portion condemned or taken, effective as of the Date of Taking, and Tenant shall make all necessary restorations to the Improvements so that the portions of the Improvements not taken constitute a complete architectural uni!, and the proceeds of the award attributable to !he value of the Improvements Taken shall be retained by Tenant. If any Taking occurs following the expiration of the First Extension Option and has a material impact on Tenant's ability to conduct business as reasonably determined by Tenant, this Lease shall terminate at Tenant's option, such option to be exercised by Tenant giving not less than thirty (30) days' prior written notice to Landlord, such notice to be given not more than sixty (60) days after Tenant's reccipl of notice of the impending Taking. • 4. Rjghts Upon Tempomry Taking. Notwithstanding the foregoing, in the event of a Taking of the Premises or any portion thereof, for temporary use (specifically one not exceeding one hundred eighty (180) days in duration), withou1 the taking of the fee simple title thereto, this Lease shall remain in full force and effec1, and there shall be no abatement of Rent during such period. All awards, damages, compensation and proceeds payable by the condemnor by reason of such Talcing relating lo the Premises fo r periods prior lo the expiration of the Lease shall be payable 10 Tenant All such awards, damages, compensation and proceeds for periods after the expiration of the Lease shall be payable to Landlord. Anything contained in this subparagraph (d) to the contrary notwithstanding, u temporary Taking for any period in excess of one hundred eighty (l ~0) days may, at Tenant's option, be deemed a permanent Taking and shall be gov<.1T1ed by subparag.-:-ph (b) or (c) above, as applicable. 5. Award. The award paid by the condemning authority shall be allocated as follows: A. First to the Landlor.i in an amount equal to the value of the Premises (on the bnsis of unimproved land nol encumbered by this Lease) B. Next to the Tenant in amount equal the value of the Tenant's leasehold interest and Improvements, subject to the rights ofany Leasehold Mortgagee. If this Lease is not terminated, the award for the cost of restoring the Improvemen ts shall be • payable 10 Tenant, subject to the rights of any Leasehold Mortgagee. 20 • • • C. An) other a11 ard pcnmned b) la11 ~hall he payable to Landlord and Tenant 115 their respective interests ma) appc3r. Landlord and Tenant shall each ha\'C the right to rcprescnl their respecti\'C interests in each proceeding or negotiation with respect 10 a taking or intend~'CI taking by power of condemnation and to make full proof of their claims. Tenant shall ha,·e the sole right to control the defense. prosecution and senlcment of its claim to the extent the condemnation proceeding or negotiation a!Tccts Tenant's leasehold interest hereunder and/or the Improvements, subject to the consent of any Leasehold Mortgagee. Lllndlord shall have the sole right 10 control the defense, prosecution and settlement of its clnim to the extent the condemnation proceedi ng or negotiation affects Landlord's revcrsionnry interest in the Premises and or Improvements. Landlord and Tenant each agrees to execute and deliver to the other any instruments that may be reasonably required lo efTectuate or facilitate the provisio ns of this Lense relating lo condemnation. Article 13 Default I. Events of Tenant's Default , Any of the following occurrences, conditions or acts by Tenant shall constitute an "Event of Default" under this Lease: A. Failure to Pav Rent: Breach. (i) Tenant's fuilurc to make any payment of money required by this Lease (including without limitation Bnse Rent or Real Estate Taxes) (subject to Tenant's ri11ht of good faith contest with resJ)"Cl to Real Estate Taxes, 115 set forth in and 115 limited by Article 5). within ten ( I 0) days after the reccipl of written notice from Landlord to Tenant that same is overdue (''Monctap• Default"), in which event such delinquent amount shall accrue interest at the Default Rate; or (ii) Tenant's failure to observe or perfonn any other material pro,ision of this Lease within thirty (30) days afte, receipt of written notice from Landlord to Tenant specifying such default and demanding that the same be cured ('"Non-Monetan• Default "); provided thaL if such default cannot with due diligence be wholly cured within such thirty (30) day period, Tenant shall have such longer period 115 is reasonably necessary to cure the default, so long ns Tenant proceeds promptly to commence the cure of same within such thirty (30) day period and diligently prosecutes the cure to completion. In no event shall Landlord be requi red to 11ivc ,nore than one notice of a mo netary default during any twelve ( 12) month period, and in the event one such notice has been given, Tenant shall be in default if any payment is not made when due. no notice shall he required, and interest shall accrue at the Default Rate from the date such payment was due until paid. B, Bankruptcy. Any petition is filed by or against Tenant under any section or chap;er of the Federal Bankruptcy Code. and. in the case of a petition filed against Tenant, such petition is not dismissed within sixty (60) days after the da te of such filing. C. ~-Tenant bc.ximes insolv~,11 or transfers property in fra ud of ~Tcditors. D. Assignment for Benefit of Creditors. Tenunt mnkes an assignment for the benefit of creditor:;. 21 E Rccmershm. A receiver is appom1ed for an) ofTcnant's assets. F. Anachmcn1. TI-1s Lease or T cnani" 5 inl•'l'CSI in the Premises or any pan 1hcrcofis iaken by attachment, execution or other process oflaw, and such attachment, e~ccution or other process has not been released within sixty (60) days tlJL,-caftcr. G. hisn-Tenant foils 10 obtain a release of llllY lien against 1he Premis~ os required under the terms of this Lease. In the evcnl the Tcnan1 continues to pay Rent as required Wider the 1crms of this lease. no Evcnl ofDefauh shnll occur solely as a result ofTenanl's bankruptcy, insolvency, assignment for bcncfi1 ofiis cn:dil<?rs, or the appoinllllcm ofa receiver for any ofTenanl's assc1s. 2. Landlord's Remedies. After the occu rrence of an Event of DefuL.:, by Tenant, Landlonl shall ha, c the right to institute fi'om time to 1ime an action or acti ons l i) 10 recover damages (exclusive of consequential or special damages), (ii) for injunrtivc an<!.1or other equitable relief, and {iii) in the event of Monetary Defouh only. to recc ver possession of the Premises and terminate this Lease. A. MQnetary DefaulL In the event of a Monetary Det ~~.t (i) Continue Lea.sc. Landlonl may. at its option, continue this Lease in fu ll force and ctTect. without terminating Tenant's right to possession of1hc Premises. in which event Landlord shall hO\'C the right lo collect Base Rent and other chargL'S when due. including any sums due for any option period for which an extension option has been exercised, together with Landlord's reasonable nnomeys' fees and interest at the Defou .. Rate from the dale such pa)ment was due until the da1c paid by Tenant In the altemati , Landlord shall have the right, at its option lo make any payment, such as 1axcs, othcrwi ~· required to be made byTenanL in which event such pa)1nen1 shall 001 he deemed a cure of Tenant's dcfauh, and Tenant ,hall reimburse Landlord for any such payment, together with rcusonable attorneys' fees an<! interest al the Default Rate from the date Landlord notifies Tenant that Landlord made such payment to the d.ite Landlord receives such reimbursement Landlord shal l have the right to peaceably rc-cnlc't' the Premises, without such re-entry being deemed a termination of the Lease or an acceplnncc by Landlord of a surrender thereof. Lnndlrrd shall also have the right, at ils option, from time lo time, \\1thout terminating this Lease, 10 -elet the Premises. or any pan thereof, with or without legal process, as the agent, and for the account. of Tenant upon such tenns and conditions as Landlord may deem advisable, in which event the ren ts received on such reletli11g shall be applied (i) first lo the l'CllSOnablc and actual expenses of such relctting and collection, including \\1thout limitation nc-cessary renovation and alterations of tl1e Premises, reasonabl e and actual anomeys' fees and any reasonable and actual real estate commissions and consulting fees paid. and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. Lf a sufficient amount to pay such expenses and sums shall not be realized , in Landlord's exercise of commercially reasonnble efforts to mitigate its damages (\\hich Landlord hereby agrees to make), then T1:nant sha ll pay Landlord uny such delicienc ;monthly, and Landlord may bring an action or acti ons therefor :ts such monthly deficiency shall arise and accrue. 22 • • • • • • L.mdionl shall not. in 311)' C\'cnl. be required 10 pay Tena~, an y sums received by Landlord on a rel cuing of the Premises in excess of the rent pm,1ded m this Lease. but such excess shall reduce ooy accrued prescnl or future oblig:nions ofTcn3111 hereunder. Landlord's re-entry and relctling of 1he Premises without 1erminarion of this Lease shall 1101 preclude Landlord from subsequ~n1ly 1cnninatmg this Lease as set forth bclo"''· (ii) Tennina1e Lease. Landlord muy tcnninate this Lease by wriucn notice to Tenant specifying a date therefor, which shall be no sooner th!lll thirty (30) dayi; following receipt of such notice by Tenant, and this Lease shall then terminate on the date so specified as if such dale had been originally fixed as the expiration date of the Term. In the event of such tennination, Landlord shall be entitled to recover from Tenant all of the following as damages: (A) The "worth at the time of the award paym'!Tll ' (defined below) of any obligation which has accrued prior to the date oftcnninatioo (B) The ''worth at the time of the award pa\' .. tenf' c,f the amount by which the unpaid Base Rent and all other charges which · · ould bav, accrued after termination until the time of award payment exceeds the amowit c-f any S1 ,~1s {net of reletting costs and expense,;) aCl\lally received by Landlord from the rr .-i ,scs ,fter tennination. Landlord shall have an affirmative obligation to atternpl IC' ,,-i1;r. ,te its damages following 1ennination, until the time of the award payment. (C) The "worth at the time of the award payment"' of the amount by which the Base Renl nod all other charges which would have accrued after the time of the award payment for the remaining term of thi s Lease exceeds the Fair Market Rcnl ("FMR"), de1ermi ned in 1he manner set forth below, for tl ,c remaining tenn of this Lease. The FMR, as used in this Lease, shltll be the fair market rent of the Premises, net of mark cl lirokcrage commissions and consulting fees, as of tl1e time of the award for a 1enn cqui.. to the remaining term of this Lease subsequent to the time of the award payment (assuming thi s lease had not been tenninated) on an "as is" basis, as detennincd by a licensed MAI appraiser selected by Landlord . At Tenant's option, TL'llant may select an additional licensed MAI appraiser to estimate FMR and Tenant's appraiser and Landlord 's appraiser shall select a third MAJ appraiser to estimate the FMR, in which case the FMR shall be the median of the three appr,isals. Tenanl shall bear the cost of the appraisal process. As used in this Atticlc 13, Parngraph 2, the term. "worth al the time of th e award payment•, shall be computed by allowing sim1ilc inlerest at an accrual rate equal to tl1e Default Rote for past aue obligations, and a discounl rate to :iet present value at tnc time of the award payment of eight percent {8%) per annum on anticipated future obligations or revenues, nod mitigation amounts, with no int~ or di5COW!t, on the amount of the obligations payable on the date of such C4lculation. In 1hr event this Lease shall be 1erminatcd as provided above, by summary proceedings or ,>therwise, Landlord, its agents. servants or representatives may immediutcl • at any time tl ., flCT peacenbl> re-enter and resume possession of the Premises and at t's ex~. remove all person.~ and 23 propeny therefrom. by summary dispossession proceedings. Landlord shall never be • emitkd •'l dispossess Tcnnnt of the Premises pur.;uant lo nny "lock-out• or other nonjudicial remedy. (iii) Reimbursement of Landlord'~ Co~t~ in Exercising Remedies. Landlord may recover from Tenant, and Tenant shall pay to Lzndlord upon demand, as Additional Rent, such reasonable and actual expenses as Landlord may incur in rccovenng possession of the Premises, placing the same in good order and condition and repairing the same for rclerting. and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated to compensate t..andlord for any speculative or consequential damages caused by Tenant's failure 10 petfolTO its obligations wider this Lease. 8. Remedjes Are Cumulative. The various rights and remedies reserved to Landlord herein are cwnulative, and Landlord may pursue any and all such rights and remedies, in addition to any other rights or remedies available at law or in equity, whether al the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstllnding anything herein to the contrruy, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether pcnceably or oiherwise, without judicial process, such that Landlord shall not be entitled to any •commercial lockout" or any other provisions of applicable law which pennit landlords to dispossess • tenw1•s from commercial properties without the benefit ofjudici~I review. C. Mitigation of Damages. In the event Landlord elects to terminate the Lease and seek damages from Tenant as provided herein, Landlord will use reasonable efforts to mitigate its damages. Landlord shall have the option but not the obligation to list the Premises for lease with n real estate broker. In the event Landlord elects not 10 so list the propt-rty but instead elects to itself marl<et the Property for lease, such election shall not be deemed to constitute a failure by Lnndlord lo mitigate. Landlord wiU not be obligated to accept less than the then cum:nt market rent for the Premises; deviate from its then established guidelines for tenants including without limitation use, experience, reputation, and creditworthiness; lease less than nil 1Jf the Premises; CJttend the term of this Lease; or c:tpcnd any money on behalf of a new tenant. Tenant will not have any independent, affirmative claim against wdlord on account of Landlord's failure to mitigate its damages; however, such :•ilurc to mitigate may be asserted by Tenant as a defense 10 a claim by Landlord to the extent allowed by law. D. Waiver of Landlord's Lien. Landlord hereby waives any statutory liens and any rights of distress with respect to tl1c Tenant's Property (as defined below) from time 10 time located on the Premises. This Lease does not grant a contractual lien or any other securi ty interest to Landlord or in favor of Landlord with respect to Tenant's Prop<.'l'ly. Landlord further Bf 'S, without cost to Tenant, 10 execute and deliver such instniments reasonubly rcquestoc by Tenant from time to time 10 evidence the aforesaid waiver of Landlord. As used herein the term "Tenant's Property" shall mean all movable partitions, • 24 • • • business and trade fixtures. machinery and equipment, automobiles. computers. furniture . satellite dish(s), signagc, communications equipment and office equipment, and all fumirurc. fumishin~ and other aniclcs of personal property owned by Tenant and located in the Premises. 3. Lnndlord's Default. In the event Landlord shall at any time be in default in the observance or performance of any of the covenants and agreements required to be performed and observed by Landlord hereunder and any such default shall continue for a period of sixty (60) days after written notice to Landlord (or if such default is incapable of being cured in a reasonable manner within sixty (60) days and if Landlord has not commenced to cure the same within said sixty (60) day period and thereafter diligently prosecutes the same to completion), and Li1dlord shall not thereafter cure such default, Tenant shall be entitled, at its election, to bring suit for the collection of any amounts for which Landlord may be in default, or for the performance of any other covenant or agreement devolving upon Landlord, in addition to all remedies otherwise provided in this Lease and otherwise available a• law or in equity under the laws of the United States or the State of Colorado. 4. Anomcys' Fees In the event that either Landlord or Tenant commences any suit for the collection of any amounts for which the other may be in default or for the performance of any other covenant or agreement hereunder, the prevailing party in any such action shall be awarded its costs and expenses, including, but not limited to, all attorneys' fees and expenses incurred in enforcing such obligations and/or collecting such amounts, from the other party to such action . 5. Waiver of Consequential Damages. In no event sh3II either Landlord or Tenant have the right to recover consequential damages of any kind from the other. Except ns limited hcreinabove, all rights and remedies may be exercised and enforced concurrently and whenever and as often as Landlord or Tenant shall deem necessary. In the event of a default by Tenant, nothing contai ned herein shall preclude, or be deemed a waiver, of Landlord's right to recover damages arising from its ownership or operation of the propeny owned by it adjacent 10 the Premises. Article 14 Covena nl of Quiet Enjoyment Landlord agrees that Tenant shall quietly and peaceably hold, possess, and enjoy the Premises, without any hindrance or molestation by the agents or employees of Landlord, and funher , Landlord shall , and any additional exceptions created by Tenant or created by Landlord and approved by Tenant, defend the title to the Premises and the use and occupancy of the same by Tenant against the lawful claims of all persons whosoever, except those claiming by or through Tenant. Article 15 Subordlnw tion; Landlord's Right to Mortgage and Convey Premises Lnndlon, may mortgage its interest in the Premises, pro,<ided such mortgage expressly pro,<idcs that the rights ~nd imerests of the mortgagee thereunder arc subject and 25 subordmJlc 10 the rights and imcrcsts ofTenanl hereunder and 1he nglus of any Leasehold • Mongagce under any Leasehold Mongage then or thereafter c~is1ing. Should Landlord sell. convey, or transfer its inaeresl in the Premises or should any mongagcc of Landlord succeed to Landlord's in1eres1 through foreclosure or deed in lieu thereof, Tenant shall atlom 10 such succeeding pany as its landlord under this Lease promptly upon any such succession. provided such succc'Cding pany assumes all of Landlord's dut ies and ohliga1ions under this Lease . Such ~ucceeding pany shall nol be liable for any of Landlord's obligalions and duu .:s hueudcr prior to its assumption of landlord's duties and obligations hereunder. Article 16 Transfen by Landlord No transfer or sale of Landlord's in1eres1 hereunder shall release Landlord from any of its obliga1ions or duties hereunder prior 1here10. Landlord shall be released of any ongoing obligations hereunder from and after the dale of such transfer and only •,pon the assumption of all such obligations and duties by the transferee of Landlord. Notwithstanding an:,,thing contained herein to the contrary. in no event shall Landlord have the :ight 10 transfer, :., any manner whatsoever, or to sell ils interest hereunder prior to dcli\'ery of possession of the Premises to Tenant Article 17 Miscellaneous I. Npn-\\'aiver o(Defoult . No acquiescence by either party to any default by th e other pany shall operate as a \\'aiver of its rights with respect to any other breach or default, whether of the same or any oth er covenant or condition. 2. ~-This Lease shall not be recorded. At such .ime as Tcnan1 makes the Security Deposit and the Approval Period has expired, the parties shall execute, acknowledge. and deliver to each other duplicate originals of n short fonn or mcmorondum of this Lease ("Memol'tcndum of Lease ") in substantially the form of Exhibit C attached hereto and incorporated herein, describing the Premises and setting fonh the Term of this Lease. The Memorandum of Lease shall be recorded only after Tenant makes the $200,000 Security Deposit and the Approval Period has expired. The recording shall be at Tenant's expense. In the event Tenant records this Lease, this Lease shall automatically" deemed terminated and of no funhcr fo rce or effect. If Tenant terminates this Lease, upon re< "St of Landlord, Tenant will execute and deliver to Landlord a tennina1ion of the Memorandum of I case suitable for recording. 3. ~-Any notice, request, offer, approval, consent. or other communication n,-quired or permitted to be given by or on bchulf of either pany to the other shall he given e,; communicated in writing by personal delivery. reputable overnight courier ser,icc which keeps receipts of deliveries (i.e., Federal faprcss), or United States certified mail (return receipt requested with postage full y prepaid) or express mail service addressed to the other party as follows: lfto Tenant: TT of Denver, Inc. 5077 South Wadswonh Bouleva rd 26 • • • • • \\'ith COplC!< to: \\'ith copic:$ to: lfto La,dlord: With copies 10: Liuleton. Colorado S0123 Aucntion Michael Ward 1T of Denver, Inc. co Automotive Management Services, Inc . 575 Nonh Flagler Dri,e, Sune P-400 West Palm Bench. Florida 3340 1 Allcntion : Terry Taylor Greenberg Tratu ig. P.A. Fon Lauderdale, Florida 3330 I Attention: Peter L Tunis, Esq. Cnglewood/McLell an Reservoir Foundation I 000 Englewood Parkway Englewood, Colorado 80110 Auention: President City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 Attention : City Attorney or at such other address as may be specified from time to time in writing by either party. All such notices hereunder shall be deemed 10 have been given on the date personally delivered or the date marked on the return receipt, unless delivery is refused or cannot be made, in which case the date of postmark shall be deemed the date noti ce has been given. 4. Successors pnd Assigns. All covenant~. promises, condi tions, represenrntions, and agreements herein contained shall be binding upon, apply to, and inure to the benefit of the l'art ies hereto and their respective heirs, executors, admi nistrators, successors (including subtenants), and permitted assigns. 5. Panig) lnvaljditx. If any provision of this Lcuse or the application thereof 10 any person or circu mstance shall to .ny extent be held invalid the n:mainder of this Lease or the application of such provision to p,:rsons or circumstance. other thar, those us to which il is held mvalid shall not be nlfectcd thcrehv, and each provision of this Lea:, • shall be ,-alid and enforceable to the fullest extent p.:11ni1ted by law. 6. ]nt<'~, In inwrprcting this Lease in its entirety, any additions wntlen or t)-ped thereon sh. be given equal weight, and there shall be no inference, by operation of law or otherwise, that any provision of this Lease shall be construed against either pany hereto, This Lease shall be construed without regard to any presumption or other rule requiring construction against lhe Panics causing this Lease to be drafted. 7, Hcadjngs. Cpption~. and References. The section captions contained in this Lease arc for convenience only and do not in uny way limit or amplify any term or provision hereof. The use of the terms "hereof," "hereunder." and "herein" shall refer 10 this Lease as n whole. 27 inclusive of the Exlubil~. cxccpl when noted othcrn h C. The terms "include." "includes." und • "mcluding· incorporate the meaning "without limi1a1ion." TI,c use of the mus,ulinc ,,r nculcr genders herein shall mclude the masculine. feminine. and neuter gender~ and the singular form shall include the plural when the context so requires. 8. Govcm,ng Ln1~. TI1is Lease shall be construed under the laws of the Stale oi Co lorado. 9. Execution of DocumcQJs. Landlord and Tenant shall each cooperate with the other and execute such documents as the other party may reasonably require or request so a; to enable it to conduct its operations, so long as the requested conduct or execution of documents does not derogate or alter the ()Owers, rights, duties, and responsibilities of1he respective Parties. 10. Force Majeurc. Whenever a party is required 10 perform an act under this Lease by a cenain lime, unless specifically provided otherwise in this Lease, such party may extend the dendlme in the event of Excusable Delay. In the event a party elects to so extend a deadline, such party shall first give wri tt en notice to the other party within twenty (20) days following the commencemeut of the Exc\!Sable Delay setting forth the event giving rise to the Excusable Delay. The party electing to extend the deadline shall wiirjn rwenty (20) days following the end of the Excusable Delay give an additional written notice to the other party setting forth the number of days the period has been extended as a result of the Excusable Delay and the details of such delay. 11. Rea.59nablc Consent. Notwithstanding anything to the contrary contained in this Lease, in all cases whe re consent or approval shall be required pursuant to this Lease, the gh·ing of each consent or approval shall not be unreasonably withheld or dcluyed by the party from whom such consent is required or requested. 12. ill!!!J2ri.!x. No agreement , including but not limited 10 an agreement to amend or modify this Lease or to accept surrender of the Premises, shall be deemed binding upon either party, unless in writing and signed by an officer of the party against whom the agreement is 10 be enforced or by a person designated in writing by such party as so authorized to act No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed 10 be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of Rent he deemed an accord and satisfaction unless expressly agreed to by Landlord acting thru its authorized representative, and Landlord may accept s~ch check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any 'lther remedy then available to Landlord. 13. E.stoppel Cer@cate. Each party agrees. from time 10 time. within twenty (20) days following wri tt en req uest from tl1e other party, Landlord, to execute and deliver an estoppel stating that this Lease is in full force and efTCCI, and if modified or amended, sening forth such modification or amendment, that no default exists, or if a default, seuing forth the same, and such other factua l matters regarding the Lease as may be rcaS1Jnabl y reques ted, provided such estoppel does not obligate the party to acknowledge or consent to any modifications or interpretations of th is Lease not previously agreed upon by both parties in writing. • • • • • 1-1. Holding O,er. Should Tenant hold over. 11 i1hou1 Landlord's consent. after the Lease term h,s expired and continue 10 pay Rent, Tenant ,hall become a momh 10 month tenant only. In no event shall such hold over cons1i1u1e an c~1ension of the term of this Lease. During such hold over. lhc Rent shall be un amount equal 10 one hundred fifty percent ( 150°,o) of the Rent during the last month of1he term oflhe Lease. together with all other amounts payable by Tenant under the terms of the Lcasc. l\'.onc of the terms of this Paragraph or the holding over by Tenant shall constitute a waiver of any rights of Landlord 10 l1.'1'111ina1c the Lease al any time and 10 re-enter and take possession of1he Premises. Tenant shall reimburse Landlord and indemnify Landlord against all damages incurred by Landlord resulting from any delay by Tenant in surrendering possession of the Premises. Article 18 Leuehold Finaoc.lng 1. Mortgage by Tenant. Tenant maiy, from time 10 time, hypothecate, mongagc, pledge, or 11liena1e the Improvements and/or Tenant's leasehold estate and rights hereunder. Such lien shall be referred to herein as a "Leuehold Mortgage" and the holder or holders of any such lien shall be referred 10 herein as a "Leaseh old Mortgagee." The Leasehold Mongagce's interest in the Premises and this Lease shall be subordinate, junior and subject 10 Landlord's ownership of the Premises and interest in thi Lease. A Leasehold Mongagc shall encumber no unerest in the Premises other than Tenant's mtc-rcst in the Lease and the Improvements localed on the Premises, including any personal property ofTenan~ and any subleases of ponions of the Premises. A Leasehold Mongagce or its assigns may enforce such lien and acquire title to the leasehold estate in any lawful way and. pending foreclosure of such lien. the Leasehold Mongagec may take possession of and operate 1he Premises, performing all obligations performable by Tenant. and upon foreclosure of such lien by power of sale, judicial forec losure, or acquisition of the leasehold estate by deed in lieu of foreclosu re. 01c Leasehold Mongagee may sell and assign the leasehold cstnle hereby ,Teated. Notwithstanding anything herein contained to the contrary, the Leasehold Mongagee or any person or entity acquiring such leasehold estate shall be liable to perform the obligations imposed on Tenant by this Lease only during the period such person has ownership of said leasehold estate or possession of the Premises; provided funhcr that, except as expressly provided herein, in no event shall Landlord's rights be impaired to exercise its remedies following an Event of Dcfoull prior to Lcusehold Mongagec·s possession or ownership . Landlord agrees lo provide an esloppel to any Leasehold Mongagee upon written request there for, provided such cstoppel docs not obligate Landlord to acknowledge or consent 10 any modifications or interpretations of this Lease not previously agreed upon by both panics in writing. 2. Notice To and Rights Of Leasehold Mongagccs. A. When giving notice to Tenant "ilh respect to any default hereunder, Landlord shall also serve a copy of such notice upon any Leasehold Mongagce who shall have given Landlord a wriuen notice specifying its name and address. No such notice shall be elT~-ctivc against any Leasehold Mongngcc unless and until servetl on any Leasehold Mongngcc as hercirn pmvidcd. In the event Tenant shall default ~e '.!9 pcrfonnnnce of any of the tcnns. covenants, ai;r-.ments , and conditions of thi s ,:"c to • be pcrfonned on T cnnnt's pan. any Leasehold Mongagee shall ha,·e the righL \\ • .ll;n the grace period available to Tenant for curing such dcfaull or such additional time as may be grnnted to any Leasehold Mongagec herein. to ,·ure or make good, such default ur to cause the same to he cured or mndc good. whether the same consists of the failure to p,1y rent or the failure to pcrfom1 any other obliga11on, and Landlord shall accept such p..--rfonnanccs on the pan of 1111y Leasehold Mortgagee as though the same had been done or pcrfonned by Tenant. B. In the ca.•e of a Monetary Default by Tenant, Landlord will take no action to effect a tennination of this Lease by reason thereof unless such default has continuod beyond forty-five (45) days after Landlord shall have served a copy of si;ch notice upon Tenant and any Leasehold Mortgagee who has given Landlord notic.. a., provided in Article 18.2.A above, it being the intent hereof and the understanding of the parties that any Leasehold Mortgagee shall be allowed not less than fifteen (15) day~ in addition to the thirty (30) days granted 10 Tenant 10 cure any Monetary Default of Tenant. C. In the case of any Non-Monetary Default by Tenant, a Leasehold Mortgagee shall be allowed , in addition to any grace period granted to Tenant, an additional time as hereinafter specified to cure such Non-Monetary Default within which either: a) if such default is a monetary default or is otherwise susceptible of • being cured by the Leasehold Mortgagee without obtaining possession of the Prenuses, to commence and diligently proceed to cure such Non-Monetary Default within thirty (30) days following the expiration of any grace period granted to Tenant, or if such default can not reasonably be cured within thirty (30) days , to commence such cure within thirty (30) days following the expiration or 1111y gn,ce period granted to Tenant and to diligently prosecute the cure to completion; b) if such default is a non-monetary default and is not susceptible of being cured by the Leasehold Mortgagee without obtaining possession or the Premises, to commence proceedings to obtain possession of the Premises within thirty (30) days following the expiration of any grace period granle<i to Tenant and diligently prosecute such action to completion (i ncluding possession by a receiver) and to cure such default within thirty (30) days following possession or the appointment of a receiver in the case of a default which is susceptible of being cured within thirty (30) days when the Leasehold Mortgagee has obtained possession thereof. If such default can not reasonably be cured within thirty (30) days following possession or appointment of a receiver, to commence such cure within thirty (30) days following possession or appointment of a receiver and to diligently prosecute the cure to completion. D. In the event that this Lease is terminated by Landlord on account of any • default, wdlord shall give prompt notice thereof to each Leasehold Mortgagee who 30 • • • has g1,cn no1icc 10 be noulicd. Landlord. w11hin lhiny (30) days uft<.:r rcceil'ing a ,,'rincn rcqucsl lhcrefor. which shall be gi, l'O w11hin s1x1y (60) da) s after such lenninnlion, will exccule nnd deliver n new )case of1hc Premises 10 1he Leasehold ~longagce or i1s nominee or 10 1he purchaser, assignee, or transferee. as the case may be, for the remainder of 1hc lenn of !his Lease. containing lhe same co, enants, agrccmcnls, lcnns, prol'isions, and limi1a1ions us are coniained herein. prol'idcd lha1 Ii., Leasehold Mongngec shall (i) pay 10 Landlord, simullaneously wi1h 1he delivery of such nc\\ lease. all unpaid ren1al due under 1his Lease up lo and including lhe dale of lhe commencemen1 of lhe 1cnn of such new lease and all expenses including, wilhout limi1a1ion, reasonable auomeys' fees and disburscmen1s and coun cos1s incurred by Landlord in connection wilh 1he default by Tenant and lhe 1cnnina1ion and the preparation of lhe new lease. and (ii) the Leasehold Mongagee shall comn,ence !:;;d diligcnlly proceed lo cure all defoulls ex isling under this Lease which are susvip1ible 10 cure. E. The lime available lo a Leasehold Mortgagee 10 initiale foreclosure proceedings as aforesaid shall be deemed extended by the number of days of delay of occasioned by judicial restriction agains1 such initiation or occasioned by 01her circumstances beyond the Leas,hold Mongagee's control. F. During 1hc period thet e Leasehold Mongagec shall be in possession of lhe Premises and/or during the pendency of any foreclosure proceedings ins1itu1ed by a Leasehold Mortgagee, 1he Leasehold Mortgagee shall pay or cause 10 be paid all charges of" halSOCVer na1ure payable by Tenant hereunder which have been accrued wid are unpaid and which will !hereafter accrue during said period. Following the acquisi1ion of Tcnanl's leasehold estate by lhe Leasehold Mortgagee or i1s designce , either as a resuh of foreclosure or acceplance of an assignmenl in lieu of foreclosure, lhe Leasehold Mortgagee or party acquiring tille 10 Tenan1's leasehold c:s1ute, whereon Landlord's nght lo cffccl a 1cnnina1ion of 1his Lease based upon 1he dcfauh in qul'Slion shall be deemed wail'ed . Any defauh nol susceplible of being cured by the Leasehold Mortgagee or party acquui ng tillc 10 Tcnan1's leasehold esta1c shall be and shall be deemed 10 hav: be.en waived by Landlord upon completion of the foreclosure proceedings or acquisi~on ofTcnanl's inlcresl in 1his Lease by any purchaser (who may, bu1 need nol be, the Leasehold Mongagee) al lhe foreclosure sale, or who olhcrwise acquires Tenant's in1eres1 from 1he Leasehold Mongagee or by 1irtue of a Leasehold Mortgagee's Exercise ofi1s remedies. Any such purchaser, or successor of purchaser, shall not be liable 10 perfonn lhc obligalions imposed on Tenanl by !his Lease incurred or accruing after such purchaser or successor no longer has O\\'ncrship of the leasehold eslnte or possession of 1hc Premises. G. Nolhing herein shall preclude Landlord from exercising any of Landlord's righ1s or remedies with respect to any other defaull by Tcnanl during any period of any such forbearance, subject lo 1he rights of 11ny Leasehold Mongagee as herein provided. H. In the cvcnl 1wo or more Leasehold Mongagees each exercise their righ1s hereunder and !here is a connicl which renders ii impossible to comply wilh all such 31 requests, 1he Leasehold Monga£ee whose leasehold mongage would be senior in • priority if there were a forechm.re shall prevail . In the event any Leasehold Mongagee pays llllY rental or other sum s oue hereunder which relate to periods other than during i1 s actual ownership of the leasehold estate, suci: Leasehold Mongagee shall be subrogatcd to any and all rights which may h.: assened aga•nst Landlord with rcspecl to such periud of time . I. Upon the reasonable request of any leasehold Mortgagee, Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time 10 time any provision for the pUljlOSe of implementing the protective provisions contained in this Lease for the benefit of such Leasehold Mortgagee in allowing such Leasehold Mortgagee reasonable means to protect or preserve the lien of its proposed Leasehold Trust Deed on the occurrence of a default under the terms of the Lease. Landlord and Tenant shall execute, deliver, and acknowledge any amendment reasonably necessary to affect any such requirement: provided, however, that any such amendment sh.all nol in llllY way affec1 the term or rental under this Lease nor otherwise in any material respect adversely affect any rights of Landlord under this Lease. J. Tenant shall reimburse Landlord any attorneys ' fees or other dirc-:1 out of pocket costs incurred in connection with any lease amendments or 01her documentation or review in connection with Tenant's proposed Leasehold Mortgage. Article 19 Represcnt1tions of La ndl ord ADd Tenant I. Rerrescntations of Landlord. Except as otherwise disclosed on Schedule I attached hcrc10, Landlord r~11resents and warrants to Tenant that, as of the Effecti,·e Date: A. Landlord is a non-profit corporation validly organized and existing under the laws of 1he S111te of Colorado. Landlord has the full right, power and authority to enter into this Agreement and to perform Landlord 's obligations hereunder. B. Th.is Agreement (i) has been duly authorized, executed, and delivered by Landlord; and (ii) is the binding obligation of Landlord; C. Landlord has not granted, other thlll' to Tenant, any outstanding option, right of · 1rs1 refusal or any preernplivc right with respect to the purchase of all or any portion of the Premises. D. To the best of Landl ord"s knowledge, the Prem ises and use and occupancy thereof is not in violation of any laws and no wriucn notice of such violation has been received by Landlord and 1s not the subject of any existing, pending, or threa1enca investigation or inquiry by any governmental authority or subject to any remedial obligations under any laws pertaining to or relating lo hazardous materials or other environmental conditions. n • • • • • E. There arc no unrc1:o rded casements or right ~-<'l:wa) alfo:ung any or all of the Premises except the sanitary sewer mtcrccptor hncs as prc\'10usl y d1~closcd by Landlord 10 Tenant , F. :-<o lawsuit has been filed against Landlord regarding the Premises . G. There arc no other leases , agreements or contracts in existence relating to the Premises, including, without limitauon. tenant leases. scnice contracts, or managcmen1 agreements. H. Lw1dlord has received no notice from any insurance company with respect to the cancellation of any policy concerning lhe Premises or refusal of lhe insurance company to in sure the Premises. I. There are no oral agreements affecting the Premises . J. There is no litigation pending with respect 10 the Premises relating to any Environmental Law viol ations. Except as disclosed in writing by Landlord, no notice of an En\'iro nmc:ntal Law violation or other written communication has been received by Landlord from a governmental agency or any other person or entity alleging or suggesting an Emiroomental Law violation on the Premises. The lenn "Environmental Law ," as used in this Agreement, shall include: (I) Comprehensi,·c Environmental Response, Compensation, rwl Liability Act of 1980, as amended by the Superfund Amendments and Rcauthorizat,0,1 Act of 1986, 42 U.S.C.A. §9601, et seq . ("C ERCLA "): (2) Solid Waste Disposal Ac!. as amended by the Resource Conservation nnd Recovery Act of 1976. as amended b) -: Hazardous t111d Solid Waste Amendments of 1984, 42 U.S.C.A. §6901. et seq.: (3) Federal Water Pollution Control Act of 1972 , as amended by the Clean Water Act of 1977. as amended, 33 U.S.C.A. §1251, ct seq.; (4) Toxic Substances Control Act of 1976. as amended. 15 U.S.C.A. §260 1, et seq .; (5) Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C.A.§11001. ct seq .; (6) Clean Air Act of 1966. as amended by the Clean Air Act Amendments of I 990, 42 U.S.C.A. §7401 , t.1 seq.; (7) National Environmental Policy Act of 1970, as amended. 42 U.S.C.A. §432 1, et seq.; (8) Rivers and Harbors Acl of 1899, as amended, 33 U.S.C.A . §401. et seq.; (9) Endangered Species Act of 1\/73. as wnended. 16 U.S.C.A. § I 53 1, et seq.; (10) Occupational Safety and Health Act of 1970, as amended. 29 U.S.C.A. §651. ct seq.; (I I) Safe Drinkin!l, Water Act of I 974. as amended, 42 U.S.C.A. §300(!), ct seq.; and (12) all applicable standards, ru!~. policies and other governmental requirements. K. Th1,-re are no agreements. commibncnts or understandings by or between Landlord and any third party pursuant to which (i) Lnndlord agrees to make the Premises pan of any specinl assessments. special district, or taxing district (" Assessments "), or (ii) Landlord or its successors in interest arc required to sell , grant or dedicate any pan of the Premises or 10 grant any casement, water rights, rights-of- way, road or license for ingress and egress or other use in respect to any part of the Premises, whether on account of the development of adjacent or nearby real property or other\\ ise. Landlord has no knowledge of any Assessments being contemplated. 33 that: L. Landlord h:ii no kno\\ ledge of any fact. 1.\lnd1tion. or action. present. • con1cmpla1cd. or thrca1cnc-d. which would or ma} result m the tcnmnn?1on or 1m1lnirmcnt of access 10 un<I from the Premises as such access presently exists. and Landl,,rd is not in violation ,f any enscmc111s. righls•ol'-wny. conditions. covenants and restrictions. licenses. or other agreements h~·dening the Premises. \1 . umdlonl U\\1lS the Prermses free and clear of any mongnge or deed of trust. 2. Rcprcsentauons of Tenant. Tenant represents. wanants and covenants to Landlord A. Tenan1's Aufoority. Tenant is a duly constituted corporation organized under the laws of the State of Colorado, it has the power to enter into this Lease and perfonn Tenant's obligations hereunder; and the person executing this Lease on Tenant's behalf has the right and lawful authority to do so. 8. Tenant's Covenant as to Hazardous or Toxic Materials. i. Tenant hereby covenants that Tenant shall nol cause or permit any "Ha za rdous Substances" (as hereinafter defined) to be placed, held, located or disposed of in, on or at th~ Premises or any part thereof except in acconlance with all applicable laws, statulcs, ordinances, and regulations. ii. Tenant hcr~by agrees 10 indemnify Landlord and hold Landlord harmless from and against any and all losses. liabilities, damages, injuries, expenses. including reasonable attorneys :~es, costs of any settlement or judgmenl and claims ('f any and every kind whatsoever paid, inctJ.Ted or suffered by, or asscncd against, U1ndlord by any pc1son or entity or governmental agency as a result of the escape. seepage. leaka!Je, spillage, discharge, emission, dischaq;ing or release from. the Premi ses of any Ha1tU"dous Substance, provided, however, that 1he foregoing indemnily is limited to mailers !Irising solely from Tenant's violalion of the covenant comainctl in the preceding subparagraph 2.8.i. 111. For purposes oflhis Lease, "Haurdous Substances• shall mean and include those elcn,cnls or compounds which arc contained i.11he list of hazardous substances now or hereaner adopted by the Uniled Stales Environmental Pro1ec1ion Agency (the "EPA") or lhe list of toxic pollutants dcsignaled by Congress or lhe EPA or which nre now or hereafter defined as hazardous, toxic. pollutants, infectious or radioactive by any olher Federal, slale or local statule. law, ordinance, code, rule, reb'Ulation , order or decree regu lating, relating to, or imposing liability or standards of conducl concerning, any hazardous, loxic or dangerous wasle, substance 01 material, as now or 01 any time hereafter in effect. "Hazardous Substances," for lhc purposes of this Paragraph J 6, shall include petroleum products, asbestos, and polychlorinatcd biphenyls, and underground storage tanks unless instlllled. mnintaincd, and closed in compliance with nil applicable lows. 34 • • • • • iv. In the event Hazanlous Substances a.,c present on the Premises in violotion ofTcnant's c?venant in subparagraph 2.B.i hereof, and Tenam fails to clean up, rem0\'C, resolve, minimize the impact of, or otherwise remediate such contamination in compliance with all applicable laws and regulations and to obtain a "no further action" or similar closure letter from the governmental authorities with jurisdiction over such Hazardous Substances peimining the development and use of the P1 ,1ises as contemplated herein without further remediation (coll~vely, "Rcmed,ate." which tcim shall include obtnirung such approvals as arc required from applicable governmental authorities prior to the commencement of Remediation activities on the Premises), then Landlord shall have the right, but not the obligntion, thirty (30) days after notice 10 Tenant and Tenant's failure to Remcdiate, or, ifTenant cannot Rcrnedialc within thirty (30) days, then upon Tenant's failure to commence preparation of a plan to Remediate within such thirty (30) d·,y period and diligently pursue the approval of such plan and the completion of the remediation work authorized by the approved plan to completion, to enter upon the Premises to Remediate such contamination. Notwithstanding the foregoing, in no event shall Tenant be afforded more than two (2) years after the approval of Tenant's remediation plan by the appropriate governmental agency or agencies, or any shoner time required for the completion of such remediation by the agencies in granting such approval, to complete such remediation. Tenant agrees to commence preparation of such plan promptly upon roceipt of notice that such Hazardous Substances are present, to apply for approval of such plan promptly, md to pursue such approval diligently. All reasonable costs and e.~pcnscs incurred by Landlord in the e~ercise of any such right,, which costs and ~penses result from Tenant's violation of the covenants contained herein, shall be docmed Additional Rent under this Lease and shall be payable by Tenant upon demand. C. Douglas County Deposjt. Tenant acknowledges that Landlord has made a refundable security deposit with Douglas County, Colorado in the amount of S 17,534.60 to secure thnt grading, erosion and storm sewer control is maintained according to the applicable governmental requirements ("GESC Deposit"). All refunds of the GESC Deposit shall be paid to Landlord. In there event there is a loss, in whole or in pan, of the GESC Deposit as a result ofTenant's failure to maintain the Premises as required for a full refund of the GESC Deposit, Tenant •hl\ll reimburse Landlord for the amount of such loss. D. Broker. Tenant acknowledges that it hns retained Fuller and Company as its real estate Lgent and broker and agrees to pay Fuller and Company any and all compensation due it ns o result of this transaction. Except for Fuller and Company, each party ucreby indemnifies and agrees to hold the other pany harmless from all damages, c.laims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims tha: may be assened against the other pany by any real estate broker or finder with whom the indemnifying party either has or is puri:,oned to have dealt. Article 20 Right of First Offer 35 While this Lease is rn effect and pro,ided there is then no uncured Defoull, in the event • Landlord desires to sell part or all oflhc Premises (which sale would otherwise be subject to this Ground Lease), Landlord hereby grants lo Tenant a first right ("Right of First Offer") to purchase the Premises subjc.-ct to and in accordance with the following provisions: A. In the evenl Landlord desires to sell all or any portion of the Premises, Landlord shall first deliver to Tenant a wrinen notice ("Offer Notice"). In the event Landlord desires to sell less than all of the Premises, the Offer Notice shall include a description of the portion of the Premises it desires to sell. Tenant agrees to keep the infommion contained in the Offer Notice confidential except lo the extent necessary 10 disclose to its lenders, accountants, nuomcys and consultants in connection with Tenant's response 10 the Offer Notice. B. Tenant shall have twenty (20) days from receipt of the Offer Notice to 11, Landlord written notice (''Negotiation Notice") of its desire to purchase such land. Within fifteen (15) days following receipt of the Negotiation Notice, Landlord and Tenant shall enter inlO good faith negotiations for the purchase of the land described in the Offer Notice. If the parties are unable to agree upon the tcnns of such and execute a purchase and sale agreement within thirty (30) days following receipt of the Negotiation Notice, the Right of Fir..1 Offer shall expire and Landlord shall be free to sell such land to any other party, subject to the following additional terms and conditions contained in the following Paragraphs C and r C. In the event Landlord recci\'CS an offer within two (2)years following Ute • Offer Notice which it desires to accept from a bona fide third party for a purchase price of less than ninety percent (~•) of the last price offered by Tenant during their prior negotiations held pursuant 10 this Article 20, prior to Landlord entering into any binding agreement with such third party Landlord shall deliver to Tenant a written notice to Tenant, including a proposed purchase and sale or lease agreement or letler of intent which Landlord is willing to accept from such third party, and Tenant shall have thirty (30) days, by written notice to Landlord ("Tenant's Purchase Notice''), 10 agree to purch,ne ·Je such land on the same tenns and conditions as sci forth in the ofl'er from su, .. uwu p~•J• within twenty (20) days following Tcnan1·s Purchase Notice, Landlord and Tenant shall enter into a binding purchase and sale agreement containing the agreed upon terms. including the same earnest money deposit and closing date. In the cvenl Tenant fails to give Tenant's Purchase Notice within the required 30 days, Landlord shall have the right to complete the purchase and sale to the third party on substantiall y the same economic terms offered 10 Tenant, free of any claim by Tenant, but said purchase shall be subject to this Lease. D. In the event Landlord has failed to enter into a purchase and sale agreement for the sale of such land within two (2) yenrs following the Offer Notice and thereafter to consummate the sale of such land, the Right of First Offer shall again be in full force and effect and any subsequent sale shall be subject to Tenant 's prior Righi of Fir..tOffer. 36 • • • E.. In no e,cm shall a transfer of the Premises b} Landlord 10 a party or nn entity controlled by or controlling LandlorJ. or too pruty or enuty affiliated with Lnndlord be subject to Tenant's Right of First Offer; however such Right of First Offer shall remain in full force and effect following such transfer. F. During the term of this Lease, Tenant shall have the right, at Tenant"s sole cost, to replat the Premises fiom time to time into more than one lot. and including such other matters as reasonably approved by Landlord. Landlord agrees to reasonably cooperate with Tenant in such replating, provided there is no additionnl cost or liability to Landjord. [Remainder of this page intentionally left blank) 37 N WITNESS WHEREOF. this Lease has been executed as of the date written above . LANDLORD: ENGLEWOOD/MCL ELLAN RESEVOIR FOUNDATION A Colorado non profit corporation By: Presi dent TENANT: TT DENVER, INC. a Colorado r.orporation By: President 3R • • • • EXHLBIT A-I LEGA L DESCR IPTIO:,-OF PREMISES • • A-I EXH IBIT A-2 SITE PLAN OF PREMISES • • • A-2 • • • EXHIBIT B EXISTING TITLE EXCEPTIONS B-1 EXHIBIT C MEMORANDUM OF LEASE C-1 • • • • • • COUNCIL COMM UNICATI ON Date: Agenda Item: Subject: October 19, 1009 11 ell Resolution Granllng a Right to Use Right-of.Way in Br oad\\a\ Medians Initiated By: Staff Source: Community De, elopment Department Alan Whole, Community Development Director COUNCIL GOAL /\NO PR EVIOUS COUNCIL ACTION Council has discussed the subject of Broadway median signs on December 8, 2008; March 9. 2009; July 20, 2009; and October 12, 2009. At this last Study Session, there was a consensus of Council to proceed with the process of contracting with a vendor to provide the two median signs under a license agreement with the City. Smee this Council Study Session and after further discussion with the City Attorney's Office, It was determined tha t the Im plementation of a hcense agreement could be accomplished by resolution instead of an ordinance. RECOMMENDED ACTION Staff recommends adoption of thP. resolution granting a right to use right-of-way to place ~igns in the Broadway medians under a license agreement BACKGROUND, ANALYS IS, ANO ALTERNATIVES IDENTIFIED Staff hired a graphic designer with a specialty in street signage to assist in analyzing the orlglna'. concept of placing a sign on EURA property at Englewood Parkway and Broadway. Because ~f tile limited visibility of a sign al this location, both to southbound and northbound motorists, his recommendation was to place signs either in the medians or in the sidewalk areas of Broadway. The visibility of signs on the sidewalks was determined to be limited du e to parked cars, trees, utility poles and o ther slgnage. The preferred op•lon presented to Cou11cll was to Install two signs In Broadway medians, on!' north of Englewood Parkway, and one south of Engl!!\, ood Parkway. Additional pole signs Wt!re sugges ted on side streets to assist in wayfinding to specific businesses. Those pole signs are not recommended as part of this program. Whole ~,plunng methods for lmpl~.. nting ti.is sign program, the Colorado Department of Transpor1a1ion program for installing '·•'ormational slgnage along Inters tate highways prO\,ided a model fo r providing the median sign• :r, ~nglewood. COOT hire, a con tractor 10 provide and maintain the lnterstare signs. Staff is proposing a similar arrangement lor the Broadway sogns. Under a license agreemenl a vendor will be re~po nsib le for procuring. Insta lling. and maintaining the signs and all costs associated "ith th ese responsibilities . The vendor will be allowed to enter into agreements with businesses for them to display their names on the signs and the ,•endor will be able to charge the • businesses for this sen ice. Al! re-. enue recer. ed Ii) the , endo, \\ill be retained ty the , end or to help defray the costs of ,nstallauon ,1nd maintenance. The term of tl1e agreement is le•, yea rs. The agreement may be renewed or terminated at that time. Reasons for termination ma\ ~ .. to end the program or to solicit other \'endors. The agreement is revocable should the vendor , , to pc<rform under the terms of the agreement or ii the signs are dete'lllined to be hazardous. Design of the signs will be 1s previously presented to Council. The signs are required to comply with all City standa rds, specific.•ions and requirements. The vendor will l)e required to obtain all necessary permits for construction and installation of the signs, Staff in tends to solicit vendors for this program through a request for proposal process. FINANCIAL IMPACT Other than staff tim,, needed fo, administering the agreemen~ all costs and responsibilities associated wi th ins lllng and maintaining the signs will be the responsibility of the vendor. UST Of ATTACHMENTS Proposed Resolution • • • • • RESOLUTION NO, SERIES OF 2009 A RESOLUTION GRANTING A RIGHT TO USE THE MUNICIPAL RIGHT-OF-WAY IN SOUTH BROADWAY MEDIAN: WHEREAS, The City of Englewood wishes to assist the continued economic health of the de-.·elopmcnt of CityCen1er Englewood, i1s premiere redevelopment along Englewood Parkway; and Wlfr:REAS, for a public purpose, ii is necessary that certain property of the Ci1y of Englewood be utilized for the :,lacemcnt of infonnational structures; !'OW, rnEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~ The City hereby authorizes 1he grant, subject to the terms of this Resolution. and all incorporated agreements, the right of a licensee 10 use certain property in the median of the 3300 to 3400 Blocks of South Broadway. fusilml, The Licensee may exercise the rights granted in this real property only subject to the terms of the attached Agreement identified as Exhibit "A" with attatluneots and incorporated herein. The agreement mllSI be signed and executed by all appropriate officials before it shall be effective. ~Ill.. The Licensee may place infonoational structures only in accordance with the terms of attached Exhibit "A". There may not be any change or deviation from the shape, design or any other element of the structures in any manner, with the exception of inserting different infonoation on the structures to change the infonnation as necessary. ADOPTED AND APPROVED this 191h day of October, 2009. ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk ior the City of Englewood, Colorado, hereby certify the above is'11 true copy of Resolution No. __ , Series of 2009, Loucrishia A Ellis, City Clerk • • • EXHIBIT .. A .. LICENSE FOR IXFORMA TIONAL STRUCTL'RE FOR A 10 YEAR PERIOD 110S CO:-.TRACT. made and entered 1mo the _da~ of _____ 2009, by and between the Cny of Englewood, 1000 Englewood Parl<way, Englewood, Colorado Sll lOO and the WITNESSETH WHEREAS, pursuant 10 this agreement between the _____ _,,-,-and the City, the City agrees 10 cooperate and assist in the de\'elopmcnt of CityCenter Englewood de\'elopmcnt area: and WHEREAS, for a public pwpose, it is necessary that certain propeny of the City of Englewood be utilized for the placement of informational strucrures: NOW, THEREFORE, in consideration of the promises and covenants and other good and valuable consideration herein contained, the p:irties hereto murually agree as follows: SECTION J. LICENSE TO USERJGHT-OF-WAY PROPERTY The undersigned City hereby grants a license 10 ______ ...,._ to use and occupy the propcny which is located approximately in the median of the 3300 10 3400 Blocks of South Broadway Street adjacen1 10 The Englewood Parkway "ithin the boundaries of the Ci1y of Englewood, Coumy of Arapahoe, S1a1c of Colorado, for lhe pwpose of constructing and maintaining an informn1ional sign. Tiie de.script ion of this license aren is found on Attachment I, attached here10 nnd incorporated herein. This informational sign shall be relocatable by the City 10 a comparable location should the median be relocated for any reason. SECTION 2. CONSTRUCTION OF SIGN The licensee shall erect one sign at each of the above descnbcd locations. The signs shall be construe1ed by the licensee at its sole expense, which construction shall include any and all restoration necessnry in the medirut or other City property necessitated by the cons1ruction of said sib'"· This construc1ion shall be done to lhc rensonnble saiisfaction of the City. SECTION 3. SPF,CIF!CAT!ONS FOR CONSTRUCTION OF SIGN The License<: shall obtain and comply "•ilh the City's standard Right-of-Way licmsc from the Department o f Public Worts. The sign shall be initially constructed in the manner. si,..:. 3nd of the materials described in Attachment 2 auached hereto and iocorporated herein. The Licensee shall place on this sign the infonnauonal matter in confonnit;· wilh the diagrams described in Anachment 2. The sign nu.y coniain the names of lhe tenants and the CityCenter Englewood development. Any chruigcs in conient, design, engineering, materinls (size, style, color) or any specifications identified on Attachment 2 of lhe sign may be made only upon approval of the Cny of Englewood. The City. through its Direc1orof Publi c Works. shall ha,·c the right 10 inspect the sign for • the pwposcs of safety or confonnance "11h this Agreement at any time upon notice 10 the licensee Should the "llll be found 10 be an 1mrrunen1 danger to the public or not in compliance \\1lh this Agreement, the Ct1) shall noufy the license<". The Cit) may COITCC1 any defect thot may be of imminent danger to the pubhc and bill the licensee or its assignees for the cost of correction. SECTION 4. MAINTENANCE REPAIR AND REPLACEMENT Licensee shall inspect the sign at a minimum of every six (6) months; maintain the sign in good condition. including. but not lunited 10, commencing all necessary repairs to the sign w1thm thiny (30) days 10 keep the sign legible and of a pleasing appearance; and shall replace the sign should it be destroyed. All the operating costs, maintenance, repair or replaccmc:nt required under this agreement shall be 01 the sole expense of the licensee or its assigns . Access to the property for any cons truction repair shall be only by prior arrangement with and approval of the City's Director of Public Works so that any disturt>ance or interference with the City's use of its streets and rights.of-way arc minimized . SECTION 5. TERM OF AGREEMEITT The tcnn of this Agreement shall commence on the date this document is accepted by The City. Tenn may be renewable in the sole discretion of the City. City shal.l give 60 days written notice of its decision to renew or terminate this agreement. SECTION 6. TERMINATION If the Licensee or an assignee ,iolatcs any covenant or condition of this Agreement, the City may deliver a written notice, specifying the nature of the default and demanding that it be cured. If the Licensee does not then commence to cure such a default and dili gently pursue lhe cure of the default wilhin thiny (30) days after receipt of such notice, the City may terminate this Agreement by giving thiny (30) days' "'linen notice thereof and may require the Licensee 10 remove the subject sign. If this Agreement is terminated pursuant to this Section and the Licensee fails 10 remove the sign within thirty (30) days, the City may remove the sign and the Licensee shall reimburse the City fo r all costs incurred in that removal. The term oftlus license shall be ten years. Should the City terminate this tease for any r= other than pursuant 10 this Secuon. the City shall reimburse the Licensee (or the actual costs of the signs on a Pro Rota basis. SECTION? . .liliNI In consideration or the foregoing and the mutual promises herein contained, the Licensee agrees to pay the City Ten Dollars (S 10.00). SECTION 8. OWNERSHIP • All structures , equipment, and ma 1erinls placed upon the property by Licensee shall • always remain the propcny o r, and may be removed by Licensee at the 1em1ioa1ion of this license. • • • SECTION 9. HOLD HARMLESS The Licensee or its assignees agree 10 hold 1he C11y hannlcss from any and all damage, claims. demands, coSIS, or judgment 10 persons or propcny for whatever reason arising from the construenon. maintenance. repair, or change in renxl\'al of L,ccnscc's or its assignees' sign located on the property and 10 provide a performance payment and maintenance bond, a cenifica1e of deposit, suitable cash col101eral, or liability Insurance in the amount of Sl,000,000.00 per oo:wrcncc for 1ho benefit of the City 10 insure such indemnification. Tne Licensee or its assignees agree 10 defend against any claims brought or actions fil ed against the City of Englewood with rc$pecl to the subject of the indemnity conlAined herein. whether such claims or actions arc rightfully or wrongfully brought or filed. In case a claim should be brought or an action filed with respect 10 the subject of the indemnity and adequate assurance of the indemnity and financial capability therefore arc not delivered, Licensee and i1s assignees agree that: (i) the City of Enalcwood may employ attorneys of its own selection to appear and defend the claim or action on behalf of the City of Englewood, al the expcnse of indcmni1or; (ii) the City of Englewood, at its option shall have the sole au1hori1y for the direction of the defense and shall be the sole judge of the acceptability of any compromise or se11lement of any claims or actions against the City of Englewood. The City of Englewood shall £ive wriuen notice 10 the Licensee or its assignees of any ac1 or occurrence involving a liability or claim, demand, or item of cost, or, as the case may be, indemnified against herein, within sixty (60) days after occurrence of such act or occurrence shall have come to City of Englewood's knowledge. Actual knowledge within sixty (60) days by the Licensee, assignees, and en1i1ies using the sign shall be a waiver of this notice requircmen1. Licensee or its assignees agree 10 reimbllllC the City of Englewood for any necessary expenses. anomeys' fees, or costs incurred in the enforcement of any pan of this Agrcemm1 sixty (60) days after receiving wrinen notice 1ha1 indcmnitcc has incurred them. Licensee or its assignees shall name the City of Englewood, as an addi1iooal insured or IS a co-insured with insurance coverage of the City of Englewood in an amount not less than the maximum amount provided in the Colorado Government Indemnity Act for Home Ruic Cities for general liability, personal injury and property damage during the period the sign is in use. SECTION 10. ASSIGNMENT Without wrillen approval from the Englewood Chy Council, there shall be no assignment or subleuing of the Licensee's rights and duties under this Agrecmcn1. Receipt by the City ofan assumption and assignment shall cOIISlilutc a complete transfer of all the rights and duties of Licensee to the assignee, and Licensee shall be relieved of any funhcr obligations hereunder. There shall be no panial assumption . Notice of assignmcn1 mus! be given 10 the City in writing and acknowledged by the City in writing. Any n:fereocc to the Licensee includes its assigns . SECTION 11 . ENTIRE AGREEMENT: BU-TIING EFFECT It is cxprcs5ly undcrs1ood by the panics hcrc:10 that neither is bound by any 1ipula11ons, rcprcsc:ntations or agreements not cxprcssly contained herein and that this Agreement hall murc to the benefit and be binding upon the pmonal rcprcscn.tativcs. heirs. successors. and a ,gns of the panics hen:to . I WITNESS WHEREOF, the panics hereto have set their bands and seal M of the day and year first above wrinen. CITY OF ENGLEWOOD By ___ ...,.... ____ _ City Manager ATTEST : City Clerk Licensee otary • • • • ATfACHMEl'n-I AREA LICENSE DESCRIPTION ATTACHMENT 2 • SIGN DIAGRAMS • • RESOLUTION NO. SERIES OF 2009 A RESOLUTION RECOMMENDING TO THE CITY MANAGER OF THE crrY OF ENGLEWOOD, COLORADO THE ESTABLISHMENT OF A TEMPORARY SUSPEN ION OR MORATORIUM O THE ENFORCEMENT OF SELECT PROV!S1O S OF THE ENGl EWOOD MUNlCJP AL CODE 2000, THE SIGN CODE, PERTAINING TO WALL MURALS FOR A PERJOD OF SIX MONTHS . WHEREAS, in 2000, the City created a r,>.:cialized sign code, known as the Creative Sign Code (CSC) designed for the South Broadway ,ommercial area to address historical or cr~a1ive exceptions to the sign code and to enhance rede velopment in thal area; and WHEREAS, one type of sign permitted by this newly designated South Broadway sign area which is nol allowed in the rest of the city, is a wall mural; and WHEREAS, because of the complexity of som~ of the special 1ypes of signs and the shon time frame nonnally allowed for revi ew of signs, lhe CSC provided for a special process for [ ily review of those sign permits ; and WHEREAS, the CSC process included a review by a commi tte e familiar with those types of • signs, making a recommendation to the City Manager for a final decision; and • WHEREAS, 1he Colorado Court of Appeals has recently ruled 1ha1 the City's procedure for this special review does no1 provide the adequate procedural safeguards ofa specific time limit within which the City Manager mus1 decide whether to issue a penni1; and WHEREAS, in thal same ruling the Court denied the request for attorney's fees for the private law firm hired by the ACLU lo represent Headed West ; and WHEREAS, The Ci1y has received a "Verified Bill of Costs" based on Headed West's costs for this appeal . This request is not for attorney 's fees nor is it an appeal of the ruling which would trigger the ending of the proposed moratorium; and WHEREAS, the City wishes to avoid the risk of potential litigation costs; and WHEREAS , the City finds that such a ruling requires a review and a correction of the special process used in granting sign permits in the South Broadway Sign Area and has directed staff 10 cond uct that review; and WHEREAS, !his correction is seen as a three step procedure which inc ludes a first slep 10 immedia tel y address the Coun of Appeals Ruling with this Resolution , the second step is a short term correction of the current process and a third step 10 review and updele the em ire Sign Code; and WHEREAS , as a firs1 slcp , City Council deems it necessary to immediately address the insufficiencie, oudined by the Coun of Appeals and finds ii appropriate to temporarily suspend 12 bi rnforcemen1 of select pro,isions of!hc Sign Code rclaung 10 wall munls until m1c,1 b)' 1hc s1arr. 1he Planning a.nd Zorung Comnuss,on and C11y Council unless 1hcrc is an appc:,1 or 1hc Coun of Appeals decision by Headed Wcs1; and WHEREAS, 1his review or revision 10 the Sign CoJc will help pro1cc1 the public hcahh, safety and welfare by preserving a safe, hcahhy, and sound environment within the Ci1y; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCll OF THE C!TY OF ENGLEWOOD, COLORA'..IO. THAT: m.!fill. The City C iuncil of the City of Englewood. Colorado recommends lhe Ci1y Manager establish a mo1.1orium or lcmponuy su.~pension on the enforccrnen1 of the Englewood Municipal Code 2000 pcnaining to wall mut1ls from October 19, 200910 April 19, 2010. ~-This moratorium shall not apply 10 any pan of the Englc,1'00d Sign Code cx«p1 for the following scc1ions: 16-6-13(0) Pcrmi1 required 16-6-13(K)(3)(b)(6) Wall Murals No permil shall be required for wall 111ura!s during the six (6) monlh mora1orium Signs prohibited wilhout City Manager approval shall be allowed during 1he six (6) month moratorium period. • ~-Toe Ci1y Council finds the provisions of this Resolution arc 1crnporary in nature • and arc in1cndcd 10 be replaced by subsequent legislative cnactmenl so !hat the mora1oriurn or 1crnponuy suspension as specified in this Resolution should 1cnninate on April 19, 2010 . .smilm..!. Should there be an appeal or the Decision.,; the Coun of Appeals by Headed West, the City Manager may immcdia1ely terminate this mora1orium. ADOPTED ANO APPROVED Ibis 19,. day of Oc1obcr, 2009. ATTEST: James K. Woodward. Mayor Loucrishia A Ellis, Ci1y Cleric I. Loucrishia A Ellis. Ci1y Clerk for the Ci1y of Englewooo, Colorado. hereby ccnify 1hc above is a true copy orRcsolu1ion No. __ • Series of 2009. Loucrishia A. Ellis, Ci1y Clerk •