HomeMy WebLinkAbout1978 Ordinance No. 038..
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INTRODUCED AS A BILL BY COUNCILMAN CLAYTON
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BY AUTHORITY
ORDINANCE NO. 38 , SERIES OF 1978
AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF A BUILDING
LOCATED AT 3333 SOUTH LINCOLN STREET IN ENGLEWOOD, COLORADO, TO
THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS , the City of Englewood, Colorado, (the "City")
has previously constructed a 7-story apartment building at
3333 South Lincoln Street in Englewood, Colorado, known as the
Simon Center, on land leased from the Housing Authority of the
City of Englewood, Colorado (the "Authority"): and
WHEREAS, the building contains approximately 104 units
leased to elderly tenants; and
WHEREAS, the City has entered into an Agreement with
the Authority whereby the Authority has undertaken the management
of the apartment units; and
WHEREAS, the City has determined that it is in the best
interests of the City that the building should be sold and con-
veyed to the Authority subject to the terms and conditions set
forth in tris Ordinance; and
WHEREAS, pursuant to Section 72 of the City Charter,
property may be sold without a vote of the electors of the City
by ordinance without using the emergency provision;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
The sale and conveyance of a 7-story building known as the
Simon Center, located at 3333 South Lincoln Street in the City, to
the Authority, is hereby authorized and approved. The sale price
shall be equal to the principal amount of General Obligation
Housing Refunding Bonds dated August 1, 1976 of the City and which
are outstanding as of December 1, 1978. The sale shall be subject
to the issuance and delivery of revenue bonds of the Authority and
the availability of bond proceeds for such purpose .
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Section 2.
That the officers of the City are authorized and directed
to execute all documents and to do any and all things necessary
for the sale of the building to the Authority.
Section 3.
That an agreement between the City and the Authority for
the use of the lower level or basement area of said structure by
the City is attached hereto and made a part hereof as though
fully set out .
Section 4.
That if any one or more sections or parts of this Ordinance
shall be adjudged unenforceable or invalid, such judgment shall
not affect, impair or invalidate the remaining provisions of this
Ordinance, it being the intention that the various provisions
hereof are severable.
Section 5.
This Ordinance , after its final passage, shall be numbered
and recorded, and the adoption and publication shall be authenti-
cated by the signature of the Mayor and the Director of Finance,
ex officio City Clerk-Treasurer, and by the Certificate of Publica-
tion. This Ordinance shall become effective thirty (30) days after
publication following final passage.
Introduced, read in full and passed on first reading on
the 6th day of November, 1978.
Published as a Bill for an Ordinance on the 8th day of
November, 19 78.
Read by title and passed on final reading on the 20th day
of November, 1978.
Published by title as Ordinance No. 38
1978, on the 22nd day of Novembe , 78.
ATTEST:
, Series of
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No. 38 , Series of 1978.
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l\GREE~CNT ilET\·:cE:-1 THE CITY OF E~lGLEWOOD
AND THE ENGLr:i.fooD HO USING AUTHORITY
llIS AGREE .\ENT ente r ed into this ___ day of
1978, by and b twee n the City of Englewood, Colorado,
J Municipal corporation (City) and the Englewood Housing
1uthority, a body corporate and politic (Authority) organized
and existing pursuant to Tit le 29, Arti c le I~ Colorado Revised
Statutes 1973 as amended.
W l 'l':IESSC'l'll:
WHCREAS, the Englewood Hous i ng Authority has contracted
wiLh the firm of Hanifen , Imhoff and Sanford to investigate the
issu.Jnce of revenue bonds by the I.:nglewood Housing Authority
1n n amount sufficient to acquire the S1mon Center from the
City of Englewood . Said bonds would be in an amount sufficient
to provide the City of Englewood with reve n ue to insure re-
payment of t i1e City 's existing general bonded indebtedness in
the amount of $2,112,000 General Obligation refunding issue; and
WHEREAS, the approva l of the Department of Housing
anJ Urban Development (HUD) it appears assured as to the
issuance of sufficient revenue bonds to secure title and
ownership to the improved property; and
WHEREAS, provideJ that the fun ing fo r pu rchase
of the structure known as the Simon Cent e r from the City of
Englewood can be secured, then the City proposes to transfer
all its right, inte rest and title to the entire building
including the basement area to the Authority; and
WHEREAS, it is the desire of the Authority and the
City to enter into a l ease agreement for the entire basement
area togethe r with the one-story elevator and other entrances
and exist s necessary for the lawful use of the area for a
period of 25 years.
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HOW, THEREFORE, in conaideration of the foregoing
and the covenant• herein contained, the City and the Authority
agree aa follova1
1. That the Authority, ai.Jllultaneoualy with the
conveyance of the property known•• the Siaon Center, shall
and does hereby grant, demise and lease and let upon the terms
and condition• hereinafter stated to the City of Englewood, as
lessee, its successor• and aaaigna, the entire basement area
of the Simon Center located on the following described premises
situate in the City of Englewood, County of Arapahoe, State of
Colorado, to wit:
Part of the SW 1/4 of the SE 1/4 of
Section 34, Township 4 s, Range 68 w,
described as follows:
BEGINNING at a point 30 feet S and
140 feet E of the intersection of the
East line of Broadway and the North
line of said SW 1/4 of the SE 1/4 of
Section 34; thence E 126 feet; thence
s 319 feet; thence W 126 feet1 thence
N 319 feet to the place of beginning.
LOt 19 and the South 15 feet of LOt 20,
Block 4, PREMIER ADDITION TO ENGLEWOOD,
Lot• 21, 22 r 23, and 24, Block 4,
8RAJOIAll AND MATHEWS ADDITION,
Also known as 3333 S. Lincoln $treet,
Englewood, Colorado.
2. To have and to hold the same and to the lessee,
its successors and assigns, for a term of five (5) years
commen c ing on the date of the transfer of ownership from the
City of Englewood to the Englewood Housing Authority of the
improvements on the above described real property.
The City shall have the right, to be exercised
as hereinafter provided , to renew the term of this lease for
four (4) successive periods of five (5) years each on the same
terms and cond itions as contained in the within lease and
agreement.
The City shall exercise its right to a renewal
i n the following manner: at least three (3) months P!".ior to
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the expiration of the initial term and at leaat three (3) month•
prior to the expiration of any renewal tera, the City •hall
notify the Housing Authority in writing of it• election to
exerci•• it• right to renew the ter11a of thi• lea•e for the
firat or •ubaequent five-(5) year renewal tera, aa the case may
be.
3. The City agrees to provide the Authority with a
maximum of 3,350 aquare feet of apace in ••id baaement area
to be uaed a• tenant •torage and maintenance area• for the Simon
Center in the necessary operation of the apartment complex.
Such atorage and maintenance area• aball be located and confined
in the aouthwe•t quadrant of the ·ba• ... nt area.
4. The City shall be reaponeible for all improvement•
that will be required to further utilize the lower level or
basement area for public or municipal purpoaea, including, but
not limited to, meetings and recreational activities a• determined
jointly by the City Council and the Housing Authority. The City
shall also be responsible for all improvement• or the reconstruc-
tion of the existing tenant storage locker• as may be determined
by the City Council and the Housing Authority. ..
s. The Authority, as the owner of the improvements,
shall provide all necessary utilitiea, insurance, maintenance,
and other services that may be required to properly operate the
basement area, and the City shall pay its proportional cost for
the services extended and accepted.
6. It is mutually agreed that the quality of life
of t~e residents of the Simon Center must be preserved in that
the primary concern for approval of use of the basement area
must be the preservation of an environment suitable for residence
in the building. Therefore, in the joint approval of any use of
the basement area, it shall be imperative to consider the
following:
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a. The iapact that the propoaed use will have
on the reaidential ua~ of the buildinq.
b. Tb• aecurity of the residential partiea of
the building, including, but not limited to,
aeparate outaide acceas to the baaement area.
c. The coapatability of the propoaed uae of
the reaidential portion of the buildinq.
d. The .iapact on parkiDCJ in the ar ...
•· The iapact on traffic veneration in the area.
f. Notice •hall be 9iven the buildinq aanager
of thoae u .. • approved prior to the time of
uae.
7. U••• of the baae .. nt area by approved groupa or
approved function• for a period not to exceed 72 houra ahall be
jointly approved by the City of Englewood'• City Manaqer and
the Houainq Authority'• Executive Director. The extended or
auatained uae for periods in exceaa of 72 boura shall be jointly
approved by the Englewood City Council and the Englewood Houainq
Authority at regularly or apecially called .. etinqa •
a. Each and every covenant, agreement, term, provision,
and condition herein contained shall extend to and be binding upon
the leqal representatives, successors and asaigns of the parties
hereto and shall be deemed and treated as covenants running with
the premise• during the term hereof1 but no change or division
in the ownerahip of the leased premisea, however accomplished,
shall operate to enlarge the obligations or diminish the rights
of the City hereunder ..
9. Each and every covenant and condition herein
contained shall apply to and bind the succeasors, administrators
and asaigns of the parties hereto.
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IN WITNESS WHEREOF, the partiea hereto have •et
tbeir hand• and aeala thi•~~~day of~~~~~~~~~' 1978.
ATTEST a
ex officU> City Clerk-Treasurer
ATTEST:
Executive Director
CITY OF ENGLEWOOD, COLORADO
a Municipal corporation
Mayor
ENGLEWOOD HOUSING AUTHORITY,
a body corporate and politic
By
chilrman
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