HomeMy WebLinkAbout2008 Ordinance No. 045•
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ORDIN AN CE NO .~
SER IES OF 200 8
BY A TH RITY
9 b viii
CONTRACT NO, lo '-1---,:J {:;t)'a
COUNC IL Bil L NO . 50
INTRODUCED BY COUNC IL
MEMBER OAKLEY
AN ORDINANCE AUTH ORIZ I GAN INTERGOVE RNM ENTAL AGREEMENT
REGARDING TH E 2007 GRANT OF GREAT OUTDOO RS CO LORADO BETWEEN THE
BOARD OF COUNTY CO MMIS SIONERS OF TH E COUNTY OF ARAPA HOE: SOUTH
SUBURBAN PARK AND RECREATION DISTRI CT: THE CIT Y OF LITTL ETON.
GREENWOOD VILLA GE. CHERRY HILLS VILLAGE . THE CITY OF SHERIDAN : TH E cr ,·y
OF CEN TENNIAL ; THE SOUTH METRO LA'.ffl CON SERV ANCY ; THE SOUTH
SUBURBAN PARKS FOUNDAT ION : TH E COLO RADO WATER CONSERVAT ION BOARD ;
THE URBAN DRAI N A.GE AND FLOOD CONT ROL DISTRI CT: TH E TRUST FOR PUBLIC
LAND . AND THE CITY OF ENGLEWOOD. COLORADO ENTIT LED "SOUTH PL ATTE
GREENWAY LEGACY PROJECT -P ARTNE RS AGREEMENT".
WHEREAS. the members of thi s coali ti on wh ich is known as th e South Platt e Wo rkin g Gro up
(''S PWG"), is • coa liti on inc ludin g as members all members of th e Pnnuers: nnd
WHEREAS. th e Panners of the coa liti on submitt ed an Appli ca ti on to Great Outdoors
Co lorado ("GOCO") fo r a grant fo r the South Platte Gre enwa y Legacy Proj ect ("Project'") in
August 200 7: and
WHEREAS , th e purpose of th e Project is to unden ake a major cffon to beautify th e South
Pl aue Ri ve r Corrido r with in Arapahoe,; Co unt y an d brin g enhanced conn cc1ivi1 y to the rec rea ti on
trai ls and wildlife habitat in the regi on; and
HE REAS , the GOCO Appli ca ti on wa s approved and a gra nt totaling 5.25 milli on doll ars
wa !-awa rded , subject to th e signing of A Lega cy Projec t Gra nt Agreeme nt between th e Co unt y.
as Primary Applicant and Grant ee , and GOCO ("GOCO Agreem ent "): and
WHEREAS , as a co nditi on precedent to the execu tion of th e GOCO Agreement and th e
rece ipt of th e gra nt fund s th e Partners are required to enter int o a Partn ers Agreement wh ic h se ts
fo rth how th e Partn ers will work together to ad mini ste r th e Projec t: and
WH EREA S. the Pann ers desire to e nt er in1 0 thi s Agree ment to set fo nh their dutie s ancl
responsibili ties with res pect to th e Projcc 1 in order to ensure the succ ess of th e Project and 10
fa r.ilita:e the rcce ipl of th e GOCO gra nt :
NO W, THEREFORE. BE IT RESOLV ED BY TH E CITY COUNC IL OF TH E CIT Y OF
ENGLEWOO D. COLO RADO, THAT :
Sc-c1ion I . This Ord inan ce hereby appropriates all necessary fund s for the assoc iated
matching co sts fo r 2008 . Th e ob li gations of the Partners shall nnt co nstitut e a multip lc•fisca l
year direc t or ind in .. -ct debt or ot her finan cia l ob ligati on or any obli gatio n payable in any fi sca l
year beyond th e fi sca l year fo r which fund s arc appropria ted for th e pa yment of current year
ex penditures . The Partn ers understand and ag ret! th at 1h e Budget for the Project may need 10 be
• amended from tim e to time after fu ll opportunit y fo r di sc uss ion among all affec ted Partners. No
amendment to the Budget shall be undert aken unless the agreem ent of all Partn ers wh ose
financial co niributi on will he in crea sed or rea ll ocated by the am endm ent has bee n oblaincd .
Section 2. The lntergovemmental Agreement entitled "South Plane Greenway Legacy Project
-Partners Agreement ··, Mtachcd hereto ns Atta chmcnl I. is hereby accepted and approved by the
Eng lew ood City Council.
Section 3. The Mayor and Ci ty Clerk are hereb y authori zed 10 sign and attest said
Agreement s for and on behalf of the City of Eng lewood , Co lorado .
Introduced, read in full, and passed on first reading on the 21st day of Jul y, 200 8.
Publi shed as a Bill for an Ordinance in the City 's officia l newspaper on the 25 • day of July , 2008.
Published as a Bill for an Ordinance on the City's officia l websi te beginning on the 23rd day of
July, 2008 fo r thiny (.30) days.
Read by titl e and pas sed on final reading on the 4th day of August , 2008 .
Published by title in the City 's official newspaper as Ordinance No.~ Series of 2008 , on
the 8th day of August , 2008.
I, Loucrishia A. Elli s, Ci ty Clerk of the City of Englewood , Co lorado. hereby certify that the
above and foregoi ng iS,'kJ)l!C copy of the Ordinance passe on fin ding and pub li shr.d by
title as Ordinance No .~-Series of 2008 . ~
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SOUTH PLATTE GREE 'WA V LEGA CY PROJECT -PART NERS AGREEMENT
Thi s South Platte Green way Legacy Project -Partners Agreement ("Agreement "), is
mad e and entered into by and betwe en THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF ARAPAHOE , a political subd ivis ion of th e State of Colorado (the
"Co un ty"), th e SOUTH SUBURBAN PARK AND RECREATION DISTRICT, a special
di strict organized under the laws of the State of Colorado ("SS PRD"), the CITY OF
LITTLETON, a muw ci pality and political subdivisio n of the State of Colorado ("Littleton"), the
CITY OF ENGLEWOOD , a municipality and political subdivision of the State of Colorad o
("Englewood"), GREENWOOD Vll.,LAGE, a municipality and political subdivi sion of the
State of Col orado ("Greenwood"), CHERRY Hll,LS VTI..LAGE ., a municipality and political
subdiv,sion of the State of Colorado ("Cherry Hills "), the CITY OF SHERIDAN, a
municipality and political subdivision of the State of Colorado ("Sheridan "), the CITY OF
CENTENNIAL, a municipality and political subdivision of the State of Colorado ("Centennial),
the SOUTH METRO LAND CONSERVANCY, a Colorado non-profit corporation ("SMLC"),
the SOUTH SUBURBAN PARKS FOUNDATION , a Colorado non-profit corporation
("SSPF"), th e COLORADO WATE~ CONSERVATION BOARD, an agency of the State of
Colorado ("CWCB "), the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a
special district organized under the laws of the State of Colorado (UDFCD") -and THE TRUST
FOR PUBLIC LAND , a non-profit corporation ("TPL "). {nie parties to this Agreement will
sometimes herein be referred to indi vidually as a "Partner" or co ll ectively as the "Partners .")
WHEREAS , the County, on behalf of itself and th e members of a coalition whi ch is
known as .the South Platte Workin g Group ("SPWG"), which coaliti on includes as members all
of the Partners herein, on or about August 28 , 2007 submitted an Appli cation to Great Outd oors
Colorado (''GOCO") for a grant for the South Platte Greenway Legacy Project ("the Project");
WHEREAS , the purpose of the Project is to undertake a major effort to beautify the
South Platte River Corridor within Arapahoe County and bring enhanced connectivity to the
recreation trail s and wildlife habitat in the region, as more fully describe.cl in the Application
submitted to GOCO ;
WHEREAS, the Appli cation to GOCO was approved and a grant total ing 5.25 million
dollars was awarded, subject to the signing of a Legacy Project Grant Agreement between the
Co unty , as Primary Applicant and Grantee, and GOCO (the "GO CO Agreement");
WHEREAS, as a wi1dition precedent to the execution of th e GOC O Agreement and th e
rec eipt c,f the grant fund!-the Partners are req uired to enter into a Partners Agreement which sets
forth bow the Partners will work together to administer the Proj ect;
WHEREAS , th e Partn ers des ires to enter into this Agreement to set forth their duti es and
responsibilities with respect to the Project in order to ensure th e success of th e Project and to
faci lit ate the receipt of the GOCO grant.
NOW, THEREFORE, th e Par.ne rs here by agree as foll ows:
I. Granr Adminis1ra1ion: The Partners understand and agree that purs uant to the GOCO
Agreement, which is anticipated to be executed after th e execution of thi s Agreement, the
County's Open Space Manager (currently Bob Toll ) shall be designated as th e agent on behalf of
the Partners for purpose s of overall admini stratio n of the Project, and that the County may in turn
employ TPL to assist with such admin istration. However, notwithstanding the fo rego in g, it is
further un derstood that each Partn er shall be responsibl e for taki ng the lead on managing and
exec uting certain indi vi dual projects as identified in Secti on 4 below.
2. Work Plan/J'imeline: Attached as Exh ibit I to thi s Agreement is a Work Plan/fimeline for
the Project. The Partn ers ag ree to use th eir best efforts to work to gether to accomplish the Work
Plan/Timeline within the tim eframes stated therein. The Partners understan d and agree that
basec on subseq uent devel opments , and after full opportunity for di scussion between the affected
Partn ers, the Work Plan/fimeline may need to be amended from time to time.
3. SPWG : The Partners agree to continue to use th e SPWG as a forum to discuss the ongoing
im plementation and administration of th e Proj ect
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4. Imp lem entation of Wo rk Plan/Lead Par tners: The Partners agree that each major component
of the Project shall have a Lead Partner or Partners who shall have primary responsibility for
implementing and managin g that component The Lead Partn ers for the major components of
the Project are as set forth in the attached Exhibit 2. It is und erstoo d and agreed that the Partners •
anti cipate that for each major component of the Project that a separate agreement ma y be entered
into by and between the Partners involved in such component that will de scribe in greater detail
the Partners' individual responsibilities with resp ect to acquisition, fun ding, development,
maintenance and/or stewardship.
5. Funding. The Partners agree to contribute the match fund s descri bed in the Budget attached
as Exhibit 3 to this Agreement, subject to annual appropri ation by such Partners. The obligations
of the Partners shall not constitute a multip le-fiscal year dir ect or indirect debt or other financial
obligation or any obligation payabl e in any fi scal year beyond th e fiscal year for which fund s are
appropriated for the payment of curr ent year ex penditures . The Partners und erstand and agree
that tl1e Budge t fo r the Project may need to be amended from time to time after full oppot1unity
for discussion among all affected Partners . No amendment to the Buaget shall be und ertaken
unles s the agreement of all Partners whose fi nancial contri bution will be increased or real lo cated
by the ame ndment has been obtained .
ln re gard to UDFCD on ly, th e following additional conditi ons apply to its agree ment to
co ntrib ute the match fund s descri bed in Exlti bit 3: a) the Project or p01tion th ereof meets
UDFCD participation requirements; b) the Project or portion thereof has been reques ted and
prioritized fo r co mpl et ion by the member local go vernm ent of UDFCD and c) sufficient fun ds
must be avai lable in UDFCD's curre nt budget for completion of the Project or portion thereof.
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6. Co mplian ce wirh GOCO Ag•ee menr : In implementing the Work Plan , an d in acq ui ring and
managing propenies and projects that are fund ed at least in part with GOCO fun ds, th e Panners
agree 10 co mpl y with all appli cab le obligations and req uirem ents of th e OOCO Agreement,
in clu ding the use restriction and refund provi sions . Any obl igation of a Partner to comply with
the use restriction and refund provisio ns of the OOCO Agreeme nt shall survive th e tennination
of thi s Agreement with resp ect to ru,y property that is acquired by such Partn er at least in part
using OOCO fund s.
7. Term: This Agreement shall become effective upon the signature of all of the Partners and
shall remain in force until December 31, 20 I 0, or until the Project is completed, whichever is
later.
8. Termination : The Partners enter into this Agreement in a spirit n f cooperation mid
partnership. However, where a Partner is unable to continue to participate l ,cause its objecti ves
cannot continue to be met or because of a lack of funding, such Partner may ceP.se its
participation by providing notice of termination at least si>..1y (60) days prior to the effective date .
Termination by one or more Partners does not terminate the Agreement as to the remai.ning
Partners .
9. Funding of Stewardship , Operations and Maintenance: Unless provided otherwise in a
separate agreement governing a particular component of the Project, it shall be the responsibility
of each Lead Partner to assume the necessary ongoing stewardship, operation and maintenance
for their respective components of the Work Plan.
10. Publicity: With respect to any components of the Project that involve the expend iture of
County Open Space Sales and Use Tax dollars, the Panners agree to acknowledge the County as
a contributor to the Project in all publications, news releases and other publicity is;ued by the
Partners related to the Project. If any events are planned in regard to the Project, the County
shall be acknowl edged as a contributor in the invitation to such events. The Partners shall
cooperate with the County in preparing public infonnation pieces, providing photos of the
Project from time to time, and providing access to the Project for publicity purposes .
11 . Signs: With respect to any components of the Project that inv olve the expenditure of Co unty
Open Space Sales and Use Tax dollars , the Partners agree to erect and maintain at least one sign
in a publicly visible area in reco gnition of the donation from the Arapahoe County Open Space
Program. The location, fo rm, design, and wordin g of such sign shall be approved by th e County
and the Partner(s) with jurisdiction over such signage. Such sign shall be erected prior to th e
co mpletion o f the applicable component of the Project or its public opening , whichever is earlier.
12 . Reporting Assistance and Re co rd Keepin g: At the request of the County, th e Partners will
provide such informatio n and documents as reasonably may be requested for purposes of
pro viding repons to GOCO or th e Board of County Commissioners . Further, the Partners shall
maintain a complete set of bo oks and records documenting their use of OOCO funds and all
Project expenditures. The County or any of its duly authorized representatives shall have
reasonable access to any boo ks, doc uments, papers, and records which are pertinent to the
Project for the putpose of making an audit, examination, or excerpts. The Partners shall ke ep all
boo ks, doc ume nts , papers, an d re co rds, whi ch are pe rtinent to the Project, for a min imum of fiv e •
years.
13. Thi rd Party Benefi ciaries: Th ere ar e no intend ed third party benefi ciari es to thi s Agr eement.
Nothing in thi s Ag reement shall gi ve or allow an y claim ur right of action whatso ever by any
third party , including, but no( limited to, any agents or co ntractors of th e Partners.
14 . Severa l /lily : Sho uld any one or more provi sions of this Agreement be determined to be
ill egal or unmforceable, all other provi sions nevertheles s shall remain effective; provided,
however, the Partn ers shall forthw ith enter into good faith negotiations and proceed with due
diligen ce to draft a provision that will achi eve the original intent of the Partners hereunder.
15 . Amendme nts . This Ag reement may be amend ed, modified, or changed, in whole or in part,
on ly by written agreement duly authorized and executed by the Partners.
16. Venue . Venu e for the trial of any action arising out of any dispute hereunder shall be in
Arapahoe County District Court, pursuant to the appro priate rule s of civi l procedure.
I 7. Applicable Law . This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado .
18. Ext en'. of Agreement . This Agreement constitutes th e entire agreement of the Partners. The
Pa.-tners agree that there have been no representations made regarding the subject matter hereof •
other than those , if an y, contained herein, that this Agreement constitutes the entire agreement of
the Partners with resp ect to the subj ect matter hereof, and further agree that the various promises
and covenants contained herein are mutually agreed upon and are in considerati on of one
another.
19. Counterparts. This Agreeme:,t may be executed in multiple counterparts, each of which will
be deemed to be an original and all of which tak en together will constitute one and the same
agreement.
20. incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits,
appli cations, resolu tions , or otl1er documents referen ced in this Agreem ent shall be incorporat ed
by re fere nce into thi s Agreement for all purp oses .
2 J . Si gnat ures . TI1e signatori es to this Agreement represent tl1at they are full y autl1 orized to
exec ute thi s Agree ment and bind th eir res pectiv e en tities.
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IN WITNESS WHEREOF, the un dersig ned Partner has exec uted this Agreement as
of the date set forth below .
DATED this ___ day of _______ , 2008.
ATTEST :
By :. _______ _
City Clerk
Loucrishia A. Ellis
CITY OF
By:. ________ _
Name -James K. Woodwa rd
Title -. Mayor
• Exh ibit 1 -Worlt Plnnffimeline
Work Plan/Timelinc.
# Project Namt Description Responsible Party Target
Comolei/011 Date
PROJECT GROUP I • LAND CONSERV A TJON
A Ensor property 7 acre fee purchnse Littleton 2009-2010
buffer and
enhancements
Stewardship/ Stewardship/Maintenance SSPRD Annually
Maintenance
B Oxbow Property 2.8 acre purchase The Trust for Public Closed J 1/07
Land
Stewardship/ Stewardship/Maintenaoce SSPRD Annually
Mainlenance
C South Platte I 0-20 acres fee purchase or IPL, SSPRD, 2010
riverfront conservation easement Sberirlan, aod
Aranahoe County
Stewardsh ip/ Stewardship/Maintenaoce SSPRD Annually
Maintenance
D J.eeOulcb 5-acre fee purchase IPL, SSPRD, 2009-2010
Littleton, SMLC
Stewardship/ Stewardship/Maintenance · SSPRD Annually • Maintenance
E CWCB 25-year Conseivation Easement(s) CWCB ,SSPRD 2010
Prooerties
Srewardshipl Stewardship/Maintenan ce CWCB ,SSPRD Annually
Mainienanc e
F Fire Training I -acre fee purchase or trail easement Littleton, Englewood 2008-2009
Center and The Trust for
Public Land
Stewardship/ Stewardship/Maintenaoce SSPRD Annually
Maintenance
G Murray 2-5 acre purchase along Bi g Dry Creek The Trust for Public · 2008-2010
Property Land
Stewardship/ Stewardship/Maintenance Littleton, South Annually
Maintenance Suburban, En~lewood
I High Lin e Canal 15-20 acrt conservation easement along The Trust for Publ ic 2008-2009
Conservation High Line Canal trail Lond, Greenwood
Easement Villn~e
Stewardship/ Conservat ion Ease ment Monitoring South Metro Land Annually
Maintenance Conservancy
PROJECT GROUP II -RECREATION IMPROVEMENTS
J Superchi Trail and Wetland enhan ce ment, SSPRD 2008-2009
oarkinR lot ~-Stewardship/ Trail Maintenance SSPRD Regular basis :-
Maintenan ce
K o~-ford bike Trail construction and enhancement Englewood, TIP 2008-2009 • path/pedestrian Funding, Sheridan
brid~e
Stewardship/ Trail Maintenance SSPRD Regular Basi s • J.1ainzanan ce I
L Dartmo uth bike Trai l construction and enhancement Englewood, TIP 2008•2009
path/pedestrian Fundin g
bridee
Stewardship/ Trail Maintenance Englewood Regular Basis
Maint enan ce
M Carso n Nature Facilit y improveme nts SSPRD 2008 -2009
Center
Stewardship/ Faci lity Main1enance SSPRD Regu lar Basis
Maintenance
N South Platte Trail construction and enhancement Sheridan Completed 1/08
pedestrian
bridge
Srcwardshipl Trail Maintenance SSPRD Regular Basis
Mai.nlancn ce
0 Big Dry Creek Trail and underpass improvements South Suburban 200 8
trail• Broadway Foundation, UDFCD,
coMection Englewood, SSPRD,
Centennial
Stewardship/ Greenway Maintenance SSPRD Annuall y
Maintenance
p Big Dry Creek• Trail construction an d enhancement Greenwood Village, 20 10
Clarkson to Arapahoe County,
High Line South Suburban
Foundation, UDFCD • Stewardship/ Trail Maintenance Greenwood Village Regular Basis
Maintenance
Q Big Dry Creek• Trail construction and enhancement SSPRD, Centennial 20os.2009
Centennial
Srewardsh ipl Trail Maintenance SSPRD Regular Basis
Maintenana
R Little Dry Signage, trail cor.struction and Englewood 2008·2 009
Creek-Cushing enhancement
Park to Little
Drv Creek Pl aza
Stewardsh ip/ Maintenance Englewood Regular Basis
Maintenance
s Little Dry Little Dry Creek trail conslruction and Greenwood Village 2009
Creek-~n.iancement and Cherry Hills
Bellev iew Vill•ge
Undercm ssing
Sccwardsh iol Trail Maintenan ce Chel'ry Hills Vill ag ,, Regu lar Basis
Mainrenan ~e Greenwood '. 'illage
T Bear Creek trail Bridge construction and trail SSPRD, Sheridw1 2008
f--enhancement
Stewardsh io,' Trail Maintenance SSPRD Regular Basis
Maintcnan;e -•
• Exhibii 2 -Lead Partners
Project G ro u p l -Land Conservation
P ro ject
A. Ensor property bu ffe r and enhancements
B. Oxbow Wetlands (project co mpleted -2007)
C. South Platte Riverfron t
D. Lee Gulch acqui siti on
E. CWCB Prop ertie s easements
F. Fire Training Center-buffer / trail
G. Murray rroperty acquisition
I. High Lin e Canal Conservation Easement
Lead Pa rtner Age ncv
Litt leton
South Suburban Park Rec Dist.
Trust for Public Land
Tru st for Public Land
Colora do Water Conserv. Board
Littleton
Trust for Public Land
Trust for Public Land
• P r oject Group II -Recreatio n I mprovements
J. Superchi trail , wetland, parking, enhancements South Suburban PRD
K. Oxford bike path/pedestrian bridge Englewood
L. Dartmouth bike path/ped estrian bridge Englewood
M. Carson Nature Center facility improvem ents South Suburban PRD
N. So uth Platte Pede, rian bridge Sheridan
0. Bi g Dry Creek tra il --Broad ·vay co nn ection South Suburban Foundation
P. Big Dry Creek trail -Clarkson to High Line Greenwood Village
Q. Big Dry Creek trail -Centennial South Suburban PRD
R. Little Dry Crk trail -Cushing Pk to LDCk Pl aza Eng lewood
• S. Little Dry Creek tra il-Belleview undercro ssi ng Greenwood Village
T. Bear Creek trail pedestrian brid ge South Suburban PRD
Exhibit 2 -Lead Partners
Project Group l -Land Co nservation
Proj ect
A. Ensor property buffer and enhancements
B. Oxbow Wetland s (proje ct completed -2007 )
C. South Platte Riverfront
D. Lee Gulch acquisition
E. CWCH Propertie.s c..sements
F. Fire Training Center -buffer / trail
G. M111Tay Property acquisition
I. High Line Canal Conservation Easement
Project Group II -Recreation Improvements
J. Superchi trail, wetland, parking , enhan cements
K. Oxford bike path/p ede stri an bridge
L. Dartmouth bike path/pede strian bri<lge
M. Carson Nature Center facility improv ements
N. South Platte Pedestrian brid ge
0. Big Dry Creek trail -Broadway conn ectio n
P. Bi g Dry Creek trail -Clark son to High Lin e
Q. Big Dry Creek trail -Centennial
R. Littl e .')ry Crk trail -Cushing Pk to LDCk Plaza
Lead Partner Agency
Littleton
So uth Suburb an Park Re c. Di st.
Trust for Public Land
Trust for Public Land
Co lorado Water Conserv . Board
Littleton
Trust for Public Land
Trust for Public Land
South Suburban PRD
Englewood
Englewood
South Suburban PRD
Sh erid an
South Suburban Foundati on
Greenwoo d Vill age
So uth Suburban PRD
Englewoo d
S. Little Dry Creek tra il -Belleview und ercr ossi ng Greenw oo d Village
T. Bear Creek tr ail pedeJtr ian brid ge South St:burb an PRD
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COUNCIL COMMUNICATION
Date : Agenda Item : Subject :
Jul y 2 1, 2008 II <1ii Smuh Platt e Gre 1Wh l Y Lega cy Pr ojec t:
Par tn ers Agree men t
Initi ated By: I Staff Source:
Commu nit y Develo pment Departm ent Mark Gra ham, Se nio r Plann er
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Coun cil approved several lnler Governm en tal Ag reemenl s between 2005 and 2008 w ith
Arapahoe Counly to implement th e So u th Pl an e Ri ve r Open Space Pl an with Cou11 1y Gra nl
and Sha reback funding for !rails, trailh ead amen iti es, brid ges and land acqu isitio n.
• Coun ci l adopted th e South Pl att e River Open Space Plan in Augusl 2003.
• Council adopied Roadmap Engl ewood in Jun e 2003 w hich includes an elem en t on
Regiona l Cooperation including goa ls for Open Spa ce and Environmen tal Q uali ly
RECOMMENDED ACTION
Staff recommends th at Coun cil adopt a bill fo r an ordin ance au th ori zing th e M ayor l o execu te th e
Partner Agreem ent w ith Arapah oe Cou nty to parti cipate in projects implementing th e G rea t
Outd oors Colorado (COCO) Grant awarded D ecember 2007 to th e So uth Plane W o rkin g Group
fo r p rojec ts in 2008 to 20 10.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e So uth Pl an e Working Group (SPWG) comprised of citi es, towns, and local o rga ni zations was
form ed by Arapahoe Counly in Sep tember 2006 fo r protecting and enhanci ng th e So uth Plan e
River corridor. In a coll abora ti ve and regi onal process recognized by DR COG as exemplary, the
SPWG submilted an appli ca ti on for funding to G rea t Outd oors Co lora do (COCO) in Ju ne 2007 .
The applica tion in cluded not o nl y open space ac quisiti ons b ut also enh ancemen ts of th e trail s an d
h ab itat alo ng th e ri ve r. COCO provided 7 5% of th e reque si ed funding in D e.:e mber 2007.
Projects thal members of th e SPWG were p lann ing and budgeting help to le ve rage th e oth er
projec ts in ih e corridor. Engl ewood submillecl a li st of proje Is lhal implem ent th e Sm11h Pk,n e
River Open Spa c e Plan in support of the effort. Som e of Englewood's projec ts are compiel e, so me
are funded, and so m e are included in th e lisl of projec ts requ es ting capi tal funding in :009 and
20 10.
Th e Oxbow open space acq uisition, w hi ch was included in th e app lication, was completed in 2007.
Bike and p edes trian bridges alo ng th e Mary Car ter Greenway at Oxford and Dartmouth Aven ues
were also included in lh e COCO app lica ti on and are fu nded and sc h ed ul ed for conslruc l ion in
2008. Th e Fire Tr aini ng Ce nt er "O rphan • Parce l and Murray properly ope n spa ce acquisiti o ns al
1he onflu en ce of Big D ry Cree k and 1h e So u1 h '·· :r e are p rop ose d fo r fun din g in 20 09 and 20 I 0. •
Council will discuss 1hose op en spa ce projec 1s al,,. J wilh all 0 1h er capi l al p rojec l s i n 1h e regu lar
Counci l budgel proces s in lh e fa ll of 2008.
A ll of lh e enlilies part icipa tin g in lh e COCO apphca, Jn are ask ed to si gn th e SPWG Partn er
Agree menl w ith Arapa h oe Co unty as evi dence of continu ed cooperatio n. Th e COCO fund ing is
n o t avail abl e t o th e pa rti es until all of th e parti cipatin g entiti es have sig ned th e agreem ent. Th ere is
"Ta bor" langu age lhat r~c ognizes 1h a11h e ag ree ment is subj ec l to annual approp ria ti o n by ea ch of
th e pa rli cipatin g entiti es and 1h a1 1h e oppo rtuniti es and proj ect may ch an ge ov er time.
FINANCIAL IMPACT
A lth ough th ere is a list of prioritized projec ts, the Partn er Agreemenl does nol obligate any
signatory l o do any p rojec t if th e local fundin g is n ot appropriated. Th e COCO grant leverages th e
$730,000 already sp ent on the O xb ow parce l and th e approxim ately $1.S million that w ill b e spent
o n building the O xford and Dartmo uth b ridges . Th e proposed acquisition of the Fire Tra inin g
"Orphan" parc el is pro pos ed in th e PIF budget for $150,000 in 2009. Th e p ro posed acqu isi ti on of
1he En glewood porti on of th e Murray property is proposed in th e PIF budget for $1 50,000 in 2009
an d $1 50,000 in 2010. Th e $3 00,000 is ex p ec ted to le ve rage about four times that amount for lh e
Murray property purchase.
UST OF ATT~CHMENTS
Bill fo r an Ordinance •
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