HomeMy WebLinkAbout1973 Ordinance No. 031I
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IW11tODUCBD AS A BILL BY COUNCILMAN DBORITY
BY AU'l'RORI'l'Y
ORDINANCE NO. ~. SBRIBS OP 1973
All ORDDWICE RIPULDIG ARD REDACTING CHAP'l'BR 3, IN'l'ITLBD "REGULATED BUSINESS PRACTICES,"
'1T1'LB XI OP 'l'llB 1 69 B.M.C. REGULATING SBCOND-llAND DEALERS, ROUSE-'1'0-HOUSE SECOND-HAND
BU!BRS; REQUIRDIO 'l'llB LICENSING 'l'RERBOP; AND BSTABLISRDO STANDARDS POR THE CONDUCT OP
SAID BUSIDSSES.
N 0 T P A S S B D
IWlitODUCBD AS A BILL BY COUNCILMAN BLESSING
BY AU'l'HORI'l'Y
ORDINANCE NO. ll._, SBRIBS OP 197 3
AR ORDIDllCB APPROVDO AN AGRBEMEN'l' BB'l'WBD 'l'BB PUBLIC SERVICE COMPANY OP COLORADO, A
COLORADO CORPORATIOI, AND 'l'RB CITY OP BIGLBVOOD, COLORADO, A MUNICIPAL CORPORATION,
RBLA'l'DfG 'l'O 'l'RE PURCHASE AND LEASING OP LAND BY 'l'RE cm OP ENGLEWOOD FOR THE DEVELOPMENT
OP A RBCRBATIClf ARBA.
llllSRBAS, the Public Service Comp&n)' ot Colorado and the City of Englewood, Colorado,
are deairoua or entering into an Agreeaent bJ which Public Service Company or Colorado shall
give to the CitJ or Englewood, Colorado a twelve (12) aonth option to purchase land commonly
known aa South Cl&7 Street Propert1, Sheridan, Arapahoe Count1, Colorado; and
VREREAS, Public Service COll(>&ftl ot Colorado is desirous or obtaining either monies
or excbange or propert1 in the sum or •300,000.00 tor their development and use as a public
utilit7.
ROii, TllBRD'ORB, BB IT ORDAINED BY 'l'RE CITY COUNCIL OP 'l'RE CITY OP ENGLEWOOD,
COLORADO, aa tollon:
Section 1.
'!'bat the Cit1 or Englewood, Colorado, aball enter into an Agreem•nt with the Public
Service Cc:mp&n7 ot Colorado according to the prov1a1ona or that certain written instrument
captioned •Agre ... nt,• which ia attached hereto, conaiating or six (6) typewritten pages, and
exhibit• •A", "A-1," •B•, •c•, "D", and "B", and 1• hereby incorporated by reference herein.
Said inatruaent provides that:
Section 2.
(a) 'l'be Cit1 •ball have an option tor a period or twelve (12) months from the date
or the Agre ... nt to acquire title to •e&l eatate outlined on Exhibit "A" and
deacribed on Bxbibit "A-1," providing tor a deposit in the sum or $5,000.00 with
a total purchase price or $300,000.00.
(b) 'l'be C1tJ shall have trom the Comp&n)' a lease as described in Exhibit "B"
tor a period or one (1) year with automatic renewals allowing the construction,
.. intenanoe and operation or a golt course, with certain restrictions, and to lease
adJacent rlgbta-ot-wa1 as described and colored in 1ellow and green on Exhibit "A"
tor the uae or such land in con.junction with the golt course, but subject to a
primarJ use or conduits and transmission lines tor electric current or the Company.
(c) The Cit1 •ball have a right or t1rat retuaal to purchase property rrom ~:t~e
COllPUl1 aa outlined on Exhibit "D", said propert1 currently being used by the
CompanJ, and to1 aequ1re r.certa1n .... 1ntereata in water rights which, either partially
or all, are subject to a Lease Agreement dated April 5, 1970, between the City
and the COllP&nJ concerning well water on the land.
(d) 'l'be Public Service CompanJ or Colorado •ball be paid the total sum or $300,000.00
either 1n caab or at tbe Comp&n)''s option bJ designating one or more tracts or land
wbicb can be purchased bJ the Cit1 on bebalt ot the Company and exchanged in lieu ~·t>f
oaah. Such excbange as to amounts to be determined by a certified appraiser as to
the value or the exchange land.
(e) In the event that CitJ determines that it shall not perform under the conditions
ot tbe Agreeaent, the initial deposit or $5000.00 shall be forfeited to the Company.
Tbe CitJ Council ot the C1t1 ot Englewood, Colorado, hereby authorizes the Mayor
or tbe Cit1 ot Bnclewood, Colorado to subscribe bi• naae to said A-reement on and in behalf
ot tbe CltJ Council and tbe Cit1 or Englewood, Color.So.
Introduced, read in tull and passed on tirat reading on the 4th day or
September, 1973.
Publiabed aa a Bill tor an Ordinance on the 6th da1 or September, 1973.
Read bJ title and passed on t1nal reading on the 17th day or September, 1973.
Published b~ title aa Ordinance No. 31, Series or 1973, on the 20th day of ·
Sept-.ber, 1973.
A'ftBS'f:
I. Karl Nollenberger. 4o hereb7 certlt7 that the above an4 foregoing is a true,
aoourate an4 complete cop7 ot an Ordinance paeee4 on tlnal reading and published byhtitle
aa Ordlnanoe Ro. 31. Series ot 1973.
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ex ott1c1o Cit) Clerk~-Treasurer I
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AOR.1111111'1'
TRIS AORBlllBR'l' ll&de and entered into tbla 2fF' d&J ot October, 1973, by and between
PUBLIC SBRVICE CCllPAllY OP COLORADO, a Colorado oorpora on (C•pany), and THE CITY OF
BIOLBVOOD, a Colorado municipal corporation (Cit1);
VI'l'lllSSl'l'H:
VllBRBAS, tbe COllP&n7 owna certain real propert1 and water rights, and the City
deeirea to acquire an option to purchase, l•••• and otbel'Wiae acquire an interest therein,
and the COllP&ftJ ia willing to grant auch rigbta to th• Clt1 on the following terms and
conditions:
NOV, TllERIPORB, the parties agree• tollowa:
In consideration or the aua ot Pive 'l'bouaand Dollars ($5,000.00), the receipt or
wb1ch la bereb7 acknowledged, the CoapanJ herebr granta to the City an option ror a period
ot twelve aontba troa the date ot tb1a ~e .. ent to aoqulre title to the real estate outlined
on Ezb1b1t •A• and described on Exhibit A-1• attaohed hereto, hereinafter referred to as the •cOllp&ftJ Propert7,• to leaae a portion ot the COllP&nJ Property ~as described in Exhibit "B"
attaobed hereto, to leaee adjacent rlgbta-ot-W&J aa deaorlbed in Exhibit "C" attached hereto,
to acquire a right ot tlrat retuaal to purcbaae propert1 outlined on Exhibit "D" attached
bereto, and to acquire ce-taln intereats 1n water rigbta, all as hereinafter more particularly
described, under the terms and condition• hereinatter aet torth. The City shall exercise this
option bJ giving written notice ot ite desire to do ao to the Company within said twelve-month
period. In the event the Coap&ft7 does not receive such notice within such time, then this
Agre ... nt •ball terainate and be void and or no turther torce and errect, and the $5,000.00
berebJ receipted tor aball be torteited bJ the CitJ to the Company. In the event the City
elects to exercise this option, the parties shall proceed :1as tollows:
1. '!'be purobaae price tor the COllP&n7 Propewt7 shall be Three Hundred Thousand
Doll.are Ct300,000.00), plus 0.2•1 ot $295,000.00 per aontb tor each month from the date or
this Agl-9 .. ent until tbe end or tbe month in which the Company receives written notice or the
Citr'• election to exercise this option. '!'be t5,000.00 hereby receipted tor shall be credited
to tbe purchase price, and the balance shall be paid bJ the exchange or property and
additional pa111ent aa provided in paragraphs 2 and 3 below.
2. In exchange tor the Compan7 Propert7, the City shall tender to the Company
one or aore tracts ot land designated bJ the Comp&nJ which can be purchased by the City. Title
to auch tracts aball be aercbantable and tree ot all liens and encuabrances except as may be
appeoved bJ tbe COllP&ft7• Upon conve7ance ot each auob tract to the Company, the City shall be
entitled to a credit agalnat the purchase price in tbe amount ot the net dollar outlay required
troll the CitJ 1n order to purchase the tract aa reflected on the closing schedule tor such
purobaae. In addition, the Cit7 m&J tender to the CompaDJ tracts or land which it owns. For
each aucb Cit7-owned tract which the Compan7 accepts, and upon conveyance or such tract to the
Ca11pa111, the C1tJ aball be entitled to a credit against the purchase price in an amount equiva-
lent to the tair and reaaonable market value ot the tract at the time or conveyance, as determined
bJ a certitied appralaer ot real propert7. The coat or such appraisal shall be borne •qually by
tbe CitJ and the Ccmpanr.
3. 'l'h• Citr'• obligation to acquire and convey to the Company ~acts as above des-
cribed aball terllinate when (a) ita credits against the purchase priceas above provided equal
tbe purobaee price, or (b) three 7eara trom the date ot this Agreement, whichever occurs first.
'!'be COllP&n7 aball conve1 the Comp&nJ Property to the City at such time • the City has
conve1ed to th• COllPaDJ tracts ot land, credits tor which total $275,000.00, or more, or three
rear• f'rCll tbe date ot tbia Agre ... nt, whichever ocoura aooner. Upon closing, the City shall
~ to tbe Ccllp•~ tbe ditterenoe between the total credit• to the City as hereinabove
proY14ed tor, it &DJ. and th• purcbaae price, leaa the 11111 ot ts,000.00 hereby receipted tor.
P.,._t •ball be in oaab or oertitled tunda.
'· !'be deacrlptlon o-the COllP&ftJ Propert1 on Exhibit "A-1" is approximately only
and tbe Companr will obtain and turniah to the Cit7 an exact legal descriptionbased upon a
aurver to be obtained at the Comp&DJ's expense prior to the closing 1as herein provided. Said
propertr •ball be oonve7ed together with all lmproY•enta thereon. Title to the Comppny
propert1 •ball be aerobmltabl•·and the Coap&nJ will conve1 the aame to the City ~Y special
warrant1 deed aubjeot to real estate taxes tor the current year, a sewer easement held by
tbe DenYer lletro Sewer Diatrict, an7 court orders which 11&1 issue from a certain legal action
1nYolY1ng the location ot tbe North property line along Bear Creek now pending in the
Arapahoe Count1 D1atrict Court, and eaa .. ents and reatrlctiona ot record, and tor existing
utilitiee.
5. Aa to all closings provided tor above, tbe party conveying the property s~all
procure at ita expenae either a current cmmitaent tor a title policy in t ·he amount or the
purobaae price ot the parcel, or an abstract certitied to current date. The title policy
aball be :turniabed to the pai.t1 receiving the propert7 at least two da7s prior to closing,
and abetraeta at leaat toUl'teen (l•) d&Ja prior to cloaing. Possession or all tracts shall
be del1Yered to tbe peraon acquiring the ••e on cloalng. Upon conveyance or the Company
Propert1 to the Clt7, general real estate taxes 1ball be adjusted to the closing date.
6. Tbe COllP&n7 Property and illproYementa . aball include the wells and equipment
on tb• CGllP&ft1 PropertJ, but 1ball not lnolude &DJ water rights now owned by the Company
and uaed 1n connection with COllp&nJ Propert7.
1. At th• tllle the Cit7 exerciaea the toregolng option; the Co~pany agrees to
grant a leaae to tbe City in the torm attached hereto aa Exhibit "B" leasing a portion or
tbe c~ Propert1 aa outlined on tbe map attached to said Exhibit "B".
8. At the tllle the City exercises the toregoing option, the Company agrees to j ~
srant a leaee to the City in the torm ot Exhibit •c• attached hereto, leasing rights-or-way
9d.jaoent to and tbrougb1be Coap&nJ Propert1 as outlined on the map attached to said
Bzlllblt •c•.
9. In oonaideration ot the City's purohaae or the Company Property as herein-
aboYe proYided, the COllP&n7 aball grant to the City a right ot tirst refusal to purchase
tbe prpper,, deaoribed on Bzbib1t •o• hereto tor a period ot titteen (15) years from the
date of thi• Agr ... ent. In the event that during aa.4.d time the Company desires to sell
auoh propert1 and obtain• a bona tide otter to pusohaae the same which Company desires to
aooept, (tbe Cit1 aball be tree to make auch an otter), copies ot said otter shall be
t\arn1abed to tb• Cit1 and the C1t:r aball have tbirtJ (30) da1a trom the receipt thereof .·
1n wb1oh to giYe written notitication to the COIBP&n7 that it desires to purchase said I
propert1 upon the tel'll8 and conditions or the otter. In the event the Company has not ,
reoe1Yed suob not1f1oat1on 1n aa1d tb1rt1-da1 period, it •ball be tree to sell the .1
propert1 to others. l
10. Within tive (5) rears trom the date or th1a Agreement, both parties will
agree to either a plan of augmentation or exchange ot water rights based on fair market
Yalu• at that t1ae tor tbe water rights appurtenant to the wells on the Company Property
and •her water right• owned bJ the Cit1 which will pel'llit the City to own the well water
rigbta on the CompanJ Propert1 and the COllP&nJ to aqquire other usable water rights or
equal •alue. In the event a teaa1ble exchange cannot be ag21eed to, the Company agrees to
••11 tbe well water rigbta on the COllP&nJ Propert1 to the c1•1 at the fair market value
at·tbat time. In tbe event the parties oannot agree upon:\& feasible exchange within said
ti•e-1.ar period, an! tbe Cit1 baa not agreed to purohaae said water rights at the rair
11arket .alue aa detel'llined bJ an appraisal obtained bJ the Company, the obligations or this
paragraph aball t81'111.nate. The Cit1 aball be entitled to the use or said w•ll water rights
on the Ccap&117 Propert1 during the qove tive-1ear period 1n accordance with the terms and
oond1t1ona of that oerta1n Lease Agre ... nt dated April 5, 1970, a copy or which is attached
bereto aa Bzbib1t •s•, regarding water well• and equipment on the Company Property, except
tbat tbe CCllP&n7 aball ba•• no right to tel'll1nate aa1d Leaae Agreement during the. above
fi•e-1ear period.
11. Tbia Agre ... nt la entered into bJ each part1 in reliance upon the other,
and 1t i• agreed tbat neither part1 aball assign thia Agreeaenta nor any or its rights or
o•11gationa hereunder without the prior written conaent ot the other. ·
12. '1'be obligations ot the parties under this Agreement shall survive the
.ars.oua oloainga provided tor herein.
IR VI'1'llBSS VllERBOIP, the parties hereto have executed this Agreement as or the
date firat above written.
PUBLIC SBRVICE COMPANY OF COLORADO
BJ /•/ J. N Kerr
senior floe President
A'ft'BS'I:
/a/J. R. BIRRBLL
S-eoretarr
'l'BB CIT! OP ENGLEWOOD
BJ ~•/ 111lton s. Senti
A'l'BS!':
/al Karl Rollenberger
secret arr
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Y.x1a11;11;· 1\-1 ----· -~·
Exhibit A-1
A tract of land in the NFJ, and in the N'i NE'c SE'c of
s ~~tlon 5, Township S South, Range 68 West of the 6th Principal
Nt.•r idian, vhich tract is more particularly deacribecl as follows:
Beginning at the Northeast corner of -1J Section S which is
9IOD.-Dted by a •tone with a cross engraved; tbeace s.OO°lO'lS"
Wut 381.0 fHt (•••med bearing) along the F.a•t line of said
Section 5 to it• intersection with the centerline of the Colorado
and Southern Railroad, DOW abandoned; thence S.10044'20" West
429.2 feet along said centerline of abandoned railroad to a
point that i• approxillately 40 feet South of th• center of Bear
Creek; thence N.88°56'40" West 25.39 feet to the ve•terly right-
of-vay of said aband~ned rAilroad to a point which is the TRUI
PODT OF llGINIING; thence continuing N.88056 1 40" Ve•t 555.2 feet
to a corner llOD~nted by a bra•s cap •t in concrete, •rkecl
PIOPEaTY coan:a: thence N.OOoll'O" Ea•t 35.80 feet to the approxi-
11atc center of -r Creek; thence N. 66°44'45" Wut 506.2 feet
along the approximate center of -r Creek; thence s.00°20 1 35 11
la•t 46.1 feet to a vitne•• cornei:; thence continuing s.00o20'3511
last 543.9 fHt; thence l.89°51 1 30 11 Wut 302.2 feet; thence S.03°
09'35" la8t 316.9 fHt; thence S.32°12'3511 F.a8t 76.0 feet; thence
S.03°14'20" last 731.7 feet to a point; thence continuing S.03°
14'20" last 417.3 fHt to a point that 1a 1.45°04 1 0011 la8t 35.44
feet fr• the Southllut corner of S"' NElc of said Section 5;
thence N.89°56'00" la•t 65.2 feet to the point of curvature of an
arc to the riaht (having a radius of 661.31 feet and chord bearing
S.49°33'02" laat 858.51 feet, which arc i• the northerly right-of-
vay boundary line for the Denver 6 Rio Grande W••tern Railroad);
thence 934.3 feet along said arc to the llorthve•t corner of the
tract conveyed to the CITY OF ENGLEWOOD by Warranty Deed dated
March 28, 1960, and recorded March 30, 1960, in Book 1182, Page
215 (Arapahoe County); thence s.89°49'25" la•t 429.4 feet to a
bran cap Ht in concrete •rited WC PROPERTY COUIR 144.1; thence
continuing S.89°49'25" F.a•t 144.1 feet to the llorthea•t corner of
the tract deacribed in said Book 1182, Page 215, which corner is
located in the South Platte River; thence N.00°12'20" East 535.2
feet to the Southeast corner of the ~ of said Section 5, vhich
corner i• located in the South Platte liver; thence S.89°56'0011
We•t 115.0 feet along the South line of said Die to a braes cap
set in concrete urked WC ~ CORNER SECTIOI 5, TWP SS, RNG. 68W
115.00; thence continuing S.89°56'00" West approxillately 575.0 feet
to a point which ie 75 feet vest of the center line of the westerly
electric tranaai•aion line abovn on Exhibit A; thence northerly and
northeaaterly 75 feet veat of and parallel to the centerline of said
westerly electric tranaaieeion line to it• int•r•ection with the
ve•terly line of the DOW abandoned Colorado and Southern Railroad;
thence northerly along said ve•terly line of tbe abandoned railroad
rqht-of-vay to the TRUE POIIT OF BF.GIHRING, together with any interest
the Collpany •Y have in the abandoned Denver 6 Rio Grande Western
Railroad ri&ht-of-vay, all of which is subject to easements for the
Mclr0011 Ditch, for the Denver Metro Sever and other eas ... nts of
record and for other existing utilities. EXCEPTED from the above
deacribed property ta approxillately 6 acre• of land described as:
Beginning at aaid Northwest corner of the tract conveyed to the CITY
or ENGLEWOOD by Warranty Deed dated March 28, 1960, and recorded
March 30, 1960 in Book 1182, Page 215 (Arapahoe County); thence S.
89°49'25" Bast 429.4 feet to a brass cap set in concrete urked WC
PROPERTY CORJIEll 144.1; thence continuing S.89049'25 11 East 144.1 fe~t
to the llorthea•t corner of the tract deacribed in said Book 1182, :
Paa• 215, which corner ta located in the South Platte River; thenc1e
1'.00ol2'20" last 535.2 feet to the Southea•t corner of the NEil of said
Section 5, vbich corner is located in the South Platte River; thence
S.89°56'00" Weat 115.0 feet along the South line of aaid nil to a
bra•• cap set in concrete urked WC ~ CORNER SF.CTION 5, TWP SS. RNG.
68W 115.0 feet; thence continuing S.89°56'00" West approximately 465.0
feet to an exi•ting fence corner; thence •outbve•terly along said
fence and continuing on the same course •• aaid fence approximately
37S.O feet to the northerly right-of-way boundary for the Denver & Rio
Grande Western Railroad; thence along said right-of-way boundary line
approxiutely 175.0 feet to the point of beginning. ALSO EXCEPTED
from the above described property is a strip of land 150 feet wide as
ind i cated on Exhibit A. There is reserved unto the Grantor access to
and f rom the. property retained by existing roads or other suitable roads.
The re is ~l •o rese rved unto the Grantor any and all water rights per-
t 3 lnin ~ to t he ~e ll:1 on t ha above described property.
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BXllIDI'r "U"
LB AS B -----
TRIS LEASE made this day of , 1973,
by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado
corporation, Lessor, and THE CITY OF ENGLEWOOD, a Colorado
aunicipal corporation, Lessee.
In consideration of the rentals to be paid as hereinaf-
ter provided, Lessor hereby leases to Lessee the property out-
lined on Bxhibit "A" atuichcd hereto fnr a term, at a rental,
and on tezaa and conditions hereinafter set forth.
1. Lessee shall pay to Lessor an annual rental of
$3,600.00, in advance on the first day of
of each year during the term hereof.
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2. The term of this Lease shall ccmmence on · · ,
19 , and terminate on July , 1976, or such sooner time as -Le•••• •Y purchase the leased premi••• from Lessor. In the
event of aooner termination, rent paid in advance shall be re-
funded pro rata.
3. Le•••• shall be fully responsible for persons on or
abOut the premises and agrees to save and hold harmless Lessor
frca ancl against all liability for d ... ge to property or injury
or death of any person or persona during Lessee's possessio~ and
use of the premi•••·
4. It is understood that Lessee intends to develop the
leased premi••• for open space and recreational uses, and that
aucb use i• permitted under this Lease1 provided, however, it
i• underatood and agreed that Leasor owns, operates and main-
tains electric transmission and distribution lines across and
adjacent to the leased premises, and Lessee shall not design its
facilities in such a manner as to cause undue hazard to the elec-
tric lines or to persons in the vicinity thereof. It is the
intent hereof that Lessee's design of its facilities shall not
be such as to cause a liklihood of objects striking the wires,
insulators, cross arms, poles or other supports and causing
damage thereto. Lessor shall have the right to review and ap-
prove Lessee's plans for developnent of the premises, provided
such approval shall not be unreasonably withheld and shall re-
late only to the protection of the facilities of Lessor.
5. As to the roads shown on the attached Exhibit "A"
to be used by Lessor for access to its adjacent property, Les-)
see shall have the right to relocate said roads or furnish new
access roads to Lessor satisfactory to Lessor. / }
' 6. The parties presently have entered into a Lease Agree-
.. nt dated April 5, 1970, regaaling water wells and equipment
on tbe premises, and it is agreed that such Lease shall remain
in full force and effect according to its terms.
7. The leased premises are subject to the lien of the
corporate Indenture of Lessor and this Lease is subject to
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tonaination by the Truatee under Aid Indenture, at its option,
upon tho occurrence of one or more of the events specified in l
Seetion 1, Article VIII of aaid Indenture, which events shall
have continued for the period therein specified.
8. In the event of default hereunder by Lessee in the
tenaa, condition• or payments provided for herein, Lessee shall
peaceably aurrender po••••sion of the property within ten (10)
day• after having received written notice of default from Lea-
aor, unl••• the apecifiecl defcault is cured within 3'lid ten-day
period.
9. Lea ... ahall not assign thi• Le••• nor sublet any por-
tion of the pr..U.••• without the prior written consent of the
Leaaor. Any auch aaaigmaent or aubletting without such consent
shall be void and of no force and effect.
D WITRISS 1111BRBCP, the partie• hereto have executed this Lea•• •• of the date first above written.
PUBLIC SBRVICB COllPAllY OF COLORADO
By~----:;r;;;--prudcieii~~~-Vice Preaident
AftBft1
Secretary
TBB CITY OP BllHdlfOOD
By , , .-/"' ;' ----:--./....._, __ (
Mayor ·
AftBft1
Secretary
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EXHIBIT "£" ...
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THIS LBASB made this day of ,
197_, by and between PUBLIC SBRVICB COMPANY OP COLORADO, a
Colorado corporation, Leasor, and 'l'HB CITY OP DJGLEWOOD, a
Colorado municipal corporation, Lessee.
In con•ideration of the rental• to be paid as hereinafter
provided, and .the other covenant• to be kept by Lessee, Lessor
hereby l•••• to Leaaee the property outlined and colored in
yellow and CJr•en on BxhU>it •A:.. attached hereto for a term, at I
a rental and on teraa and condition• •• hereinafter set forth.
1. Le••ee ahall pay Le•aor an annual rental of One Dol-
lar (fl.00) per year, in advance, co-.ncin9 on the date hereof,
and ther•fter for each year during the tena hereof.
2. '1'h• tena of thi• Leaae •hall COll'ence on the date
hereof and ahall continue thereafter for a period of one year,
and ther .. fter ahall be autcmatically renewed for successive
one-yMr period• until •uch time •• Le•••• gives Lessor written
notice prior to the end of any •uch yMr of it• desire not to
renMf the Lea•• for any further period• of tiae •
3. Le•••• •hall be fully reaponaible for persons on or
about the pr-i•ea, and.agrees to eave and hold harmless Lessor
fraa and a9ainat all liability for dama9e to property or injury
or death of any peraon or persona duriDCJ Le••••'• possession and
uae of the pr..t .. a.
4. Le••ee acknowledge• that it ha• been fully advised by
Leaeor that the tranami•eion line• of Le•aor on the leased prem-
i••• now conduct and tran..U.t, and will continue to conduct and
tran .. it electric current in exce•• of 115,000 volts. Lessee
•ball advi .. all of it• employeea, a9enta, contractors, invitees,
cuatollera and other peraon• who enter upon the premises of the
danger• involved •
s. Le••ee ahall have the ri9ht to uae the leased premises
for the conatruction,·maintenance and operation of a golf course;
provided, however, no activities ahall be conducted on the prem-
i .. a which are contrary to the law or conatitute a nuisance, no
C)radin9 shall be done on the pr-1••• which will raise the level
of th• CJround ao aa to lessen the ground clearance of the trans-
ai••ion line wires aero•• the premi•e•, no grading shall be done
which ahall r-ove the ground support of any of Lessor's surface
•tructuree on the premises, no trees •hall be planted nor build-
ing• erected on the premises, and no bushes or structures of \
any aort on the premises shall exceed ten (10) feet in height;
and all work on the premises shall be done with care and in a
workmanlike manner, and any damage to Leasor'• facilities shall
be repaired by Leasor at Lessee'• expen•e.
6. In addition to the above, portion• of the premises may
be u•ed for parking, provided no permanent •torage of vehicles
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•ball be allowed, nor shall any vehicle• be placed on the prem-
i••• which contain fla..-ble or explosive materials or liquids
other than normal fuel for the operRtion of the vehicles.
7. L9s80r reaerve• the full right to continue .to operate,
•intain, repair and reconstruct it• facilities on the premises,
and shall not be liable to Lessee for any damage to or interf er-
ence with Le•-'• facilities occurring in the course of such
wolk.
8. i.aaor reaerve• the right to perai t others to install
faciliti•• in, along and under the leased preaises, provided
the aa•• shall not interfere unreasonably with the rights herein
9. Le•.Or re•erve• the right to require Lessee to modify,
r.-OV•• replant, or reconstruct any of Le••••'• facilities on
the leased preai .. • which interfere with or constitute a hazard
to Leasor'• faciliti••·
grante4.
10. Le•••• agree• to make all of its contractors or em-
ployee• perfOraing work on the leased preai••• aware of the
teras and restriction• contained in thi• Lease, and to see that
they abide by the -·
11. Le• .. • shall not assign thi• Lease or sublet any
part of the lea•ad preai••• without the prior written consent
of Lea.or. SUbject to such restriction, this Lease shall be
bin4inCJ upon and inure to the benefit of the successors and as-
sign• of the parties hereto.
DI Wl'ft1BSS WBBRBOP, thi• instrwaent has been executed the
day and year first above written.
AftBS'la
Secretary
AftBfta
Secretary
PUBLIC SBRVlCB COMPANY OP COLORADO
Lessor
BY.:...---~~-===r::i::t: ____ __
Vice Pres~.Cl"nt
TBB CITY OF BllGLBWOOD, Lessee
By -;~, -~7 -
Mayor
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•_.AA.;. jJc pl. .No. ~ .. ·; ..:.4 ------··· .. ·.._ .r:·.'!.l'Bl"l. 4r . ....... & __ i:::.,. ..
• • 1 Lr..ASE ACr.F.FllEln' ..
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ms~. Hada and entorecl into th1•-2tll dq of' .. 'v ,.
April • 1970, b7 and betveen PUBLIC SERVICE COMPAlfY
OP COLOttADO, a Colorado corporation, horef.na£tr.r called the "Company"
ad tllE cnt OF ~D, COLOP.ADO, a l:unic:lpal corporat:lc:m of the
ltate of Color.SO, beralufter called tbe "C:ltJ"
VDBllSE!Ba •. •. '· ' t: . ' ': . :· !! ~ . :
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. YDaRAS, tba C...., ia the ovner of a tract of land located .. .. .. ·.
vitbia tbe ... t Half of Soct:loo 5, Towahip S Soutb, Range 68 West, 6th
•.n., Ar....._ Comty, Colorado, contaln:lng opprmdaatel.7 54 acres ~d
• vldcla add pl"Nd•• there aro fivo vater vella, toeether with the
w11•an wiq pipe, turbf.Do puap•, 110ton md electrical equipmant
co ,_, vatu fn. tbe N1d vella; and .· .. : •.
. ' .. . . . VllllEAI, the City 1a claa:lroua of obtaining supplemental water._
for ita ..tcSNl vatar 9J11tem; ..
1111, 'DID.EIORB, in conaidorotion of the pramiaea and covcmanta
ben!Dafter ••t forth, it lo agraad between tho part:lea as follows:
1. 1'be r....., lu:aoa to tho City all available vator from
Ciao flw vella ben:laabova ducrlbcd, subject to tho right of tho Coll-.
,_, co_. water for :lrrtaatiOG purpoaca fr• said well, or in the .
altanatlw, to bo prow!dcd bJ tho City with an equivalent amount of
..cer fr. the HcDrooa Ditch • .. . .. . .. . . . . .
2. .Dae CitJ agreu to aaintain and oporate all of the •aid
eqa:l..-t iaclwt•na v:ltbout liaitation the 110tora at :lta on expenaa
_. co Jt97 for the aloctric anor1:7 •ed in the operation thereof ad
wlaicla eat.• -ro la to be purcbaaod fl"Oll the CollpaDJ at tho CitJ'• .
-s~ ,..ills race. ... .. : .... . .. "•.
1be City .Ull promptl1 replace. at 1ta own expenao, ~"/ of
3. It ta UDdoratoocl and agreod b7 and between the partie•
tbat if ..., peram or penou •hall in an1 11aDDer cont~at the right of
tbo~ tld.s agrea:aoat shall forthvith tertdnate: it being fully understood
that tho COl::p&DJ doe• not iual:a any rcprcoontatio:ia concerning tho con-
Uoued •• of the vater for tbo purpoaea harain stated.
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4. !late lcaao alaall bl'&ln on the 29th dlly of January, 1970 anJ
tel'lliaate on tho 29tla da)' of J:munry, 1971, provided tb:at the Company m:.y
tenbate tllU 1-• at •DJ ti• on sixty (60) daya' written notico to
die Cle,.
S. The r•tal to ba paid by tho City to tbo Comp4ny oball be
ill the -of 0ae Dollar ($1.00) per 7ear under th• terms and conditions
bania .. c forcla. . . . :'" .. : -
• 6. · !he pipe ill tbe tvo moat eaaterl1 vella knowD and niambered
• 4 ad S vil1 DOt be pulled nor vW A11J vork be porfomecl without first
Gbcetntna wrtttea ,..Uaioa froa the Ccmoa117'a NDager of engineering.
7. !be Cit)' aar ... to aup?lJ veter for domestic purposes used
at the caretaker'• r•ideace OD the aulJjoct prad.au u noecled up to
155,000 aalloaa per 1ear at DO cbarae. eo.;.n, agrees to pay for all water
aaed at tba CAretaker'a r•icleaco, at the Cit1'• normal rates, over 155,000
aallOD.1 per 7ear and CiCJ agrooa to 11411 to Coap8DJ a quarterly statement
of vater uecl at aa1cl carotakor' • reaidence. •
a. 'Ibo CitJ •ball aaaU11e all liability with reapect to persona -·· ..
or proparCJ OD or about praai8ea u a result of this leaae. The City agrees
to aave and hold baraloaa Ccs.pany from all 114bil1ty .for daaagea, loaa or
_,...., art.tna fro. danage to property or injur, or death of 8DJ person
or penou arhf.Da out of, or ill any way in connection with or reaulting
fl'Oll tbe ue of prCldaea or volla for the purpoae boroin permitted.
t. !be City baa boon fully adriaed b)' tbe Company that the elec-.
tric.coacluctora on tlaa tranaataaion linea of tlae Coltpany, which aro across
the property beroin loaaocl, ~ CODduct and tranaait and will continue to
CODdact aDd traaaait electric current in ac:eaa of 115,000 volts. The •
CltJ aball adriae all of its eaploJeea, qente, contractor• and others who
•ter upon the pr..U• of the daagere iDYOlved.
n U MUTUALLY ACllED that thie leaae •1 be renewed _at the
option of the CitJ for )'earl1 &·erioda, upon the •-tel'IUI and conditiona
• hereia contained. In the event City deairee to axerciae aaid option
to reMV eaicl leue aa herein provided, then City ahall give Company
vritta notic! of it• intention ao to do OD or before the firat day of
Janua17 aat precediftn the yearly leued period.
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All of tbo tcnas, cond.ltlona, covennnto and ar.r~c111cutu herein
atated •hall inure to tlao bencC1t of ancl be binding upon tho aucceosoro
and uaf.r.na of botla pnrtice hcroto.
Ilf VIniE!UI ffllF.ilF.OF, the parties hereto have caused this agrce-
llGDt to bo exocutocl tho day ftncl y~ar first above written, their respoc-
t1we corporata naaea boinn herounto aubacribed by thoir reopective
off tcera tberoanto duly Authorised and atteated by the secretary of tho
ec.,.n, pud "tho city clerk of the City, and their reapoctivo corporate
~ •••1• bereunco afflucl.
An'IS'I&
ERVICE COMPANY OF COLORADO
•1 'ik l"...l1~~"'-·--Nic~~1dent
'DIE Ctn~, OF/E:l:l.Ov"OOD, 90L0P.ADO
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BJ. t!;., ~ ~J.ll ./sic~tL~·l-·
~ • ?lay or
anST&
4·~~~ ~"':~~ " ~ City Clerk
•
~ ~. t:.i,;~f':!:f\Tn D!llT. A~IOVAL
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