Loading...
HomeMy WebLinkAbout2007 Ordinance No. 042• ORDINANCE NO. '12:.... SERIES OF 2007 CON'!Mct NQ, 'i/}..--'.,007 BY AUTHORITY COUNCll. Bll.L NO . 41 INTRODUCED BY COUNCll. MEMBER BARRENTINE AN ORDINANCE AUTHORIZING THE "CO NTRACf FOR DE ED" FOR THE PURCHASE OF DUNCAN PARK LOCATED AT 4846 SOUTH PENNSYLVANIA STREET BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRJCT NO. I. WHEREAS , in 2006 the Englewood School Board voled lo sell the Duncan Park property ; and WHEREAS, Duncan Park is the only Park located in tl1e Southeast quadrant of the City of Englewood; and WHEREAS, the Englewood City Council negotiated an agreement with the Englewood Schoo l District for the City's purchase ofDuncan Park; and WHEREAS, the City intends to acquire this property with monies received as grants from Arapahoe County Open Space and Great Outdoors Colorad o; and • WHEREAS, under the "Contract For Deed" the Englewood School District will retain control and • ownerst.,p of the Duncan School building through the year 2010; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The "Contract For Deed" between Arapahoe County School District No . I and the City of Englewood, Colorado for the purchase of Duncan Park, attached as "Exhibit I", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayo r is authorized 10 execute and the City Clerk to attest and seal the "Co ntract Fo r Deed" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on fi rst reading on tl1e 16th day of July , 2007 . 9 bi l'uhl is hcd as a Dill for 1111 Ordinance on the 20"' dny of July , 20 07 . Rc:,d hy title and pa ssed on final reading on the 6th day of Augu st, 2007 . l'uh lis hcd by title ns Ordinnnce No. ~Series of 2007, on the 10th duy of Augu st, 2007 . I, Loucrishia A. Ellis, City Clerk of the City ofEnglcwood, Colorado, hereby certify that th e abov e and foregoing is }J'!!le copy of the Ordinance pnss cd on fina eading nnd published by title as Ordinnnce No. ~cries of 2007. • • • • CONTRACT FOR DEED THIS DAY this Contract For Deed , hereinafter referred to as the "Contract", is entered into by and between ARAPAHOE COUNTY SCHOOL DISTRICT NO . I, of 4101 South Bannock Street, Englewood, Colorado 80110, County of Arapahoe, hereinafter referred to as "SELLER", and THE CITY OF ENGLEWOOD, of 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as "PURC HASER", on the tem1s and conditions and for the purposes hereinafter set forth : 1. SALE OF PROPERTY For and in consideration of the payments and ether valuable co nsi deratio ns set forth herein, the receipt and suffic iency of which is hereby acknowledged , Seller does hereby agree to convey, sell, assign, transfer and set over unto Purchaser, the following property situated in Arapahoe County, State of Colorado, sa id property being descr ibed as follows : Consisting of Lots , I, 2, 3, 4, 5, 6, 7, 8, 9, 28 , 29, 30, 31, 32, 33, 34, 35 and 36 Block I, Harper Subdivision ; As shown on attached Exhibit A, and referred lo in this Contract as the "Pro perty"; also known as: Duncan Park 4846 South Pennsylvania Street Englewood, Colorado 80 I 13 together with all interests of Seller, all improvements thereon and all attached fixtures thereon; SUBJECT TO all recorded easements, rights-of-way , conditions, encumbrances and limitations and to all applicable building and use restrictions , zoning laws and ordinances, if any, affecting the Property. 2. PRIOR TO EXEClITION Evidence of Tille : a . Evidence of Title. On or before the execution of this Contract, Seller sha ll cause to be furnished to Pnrchaser, at Seller's expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Pnrchase Price . At Seller 's expense, Seller shall cause the title insurance policy to be issued and delivered to Pnrchaser at the execution of this Contract . If a title insurance commitment is furnished, it shall commit to delete or insure over the standard exceptions which relate to : (1) (2) (3) parties in possession, unrecorded easements, survey matters, -1- E X H I B I T (4) (5) (6) any unrecorded mcchnnics' liens, gap period (efTeetive dote of commitment to dote deed is recorded), nnd unpaid taxes, assessments and unrcdccrncd tax sale!. prio r to the year of Closing . b. Copjes of Exceptions . On or before the execution of this Contrncl, Se ll er, nt Seller 's expense, shnll furnish to Purchaser, ( I) e copy of nny pints, declarations, covcnnnls, cond iti ons and reslrictions burdening the Property, nnd (2) copies of nny other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions), This requirement shall per1ein only to documents shown of record in the office of tl1e clerk and recorder in the county where the Proper1y is located . The abstract or title in surance commitment, together with any copies or summaries of such documents fumished pursuant to this section, constitute the title documents ("Title Documents"). Title end Survey Review : a. Title Review, Purcha ser shall have the right to inspect the Title Documents . Written notice by Purchaser of unmerchnntebility of title, form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents, shall be signed by or on behalf of Purchaser and delivered to Seller within 14 calendar days after rec eipt by Purchaser of the Title Documents or endorsement to the Title Commitment. If Seller does not receive Purchaser's notice by the date specified above, Purchaser accep ts the condition of title as disclosed by the Title Documents as satisfac tory. Purchaser shall hnve 14 calendar days after receipt of any changes to the Title Documents to give notice of any unsatisfactory title condition to the Seller. b. Matters Not Shown by the Public Records. Seller she ll d :liver to Purchaser, on or before the execution of the Contract, true copies of all leases and surveys in Seller's possession pertaining to the Property and shell ;close to Purchaser all easements, liens (including, without limitntion, govcnunentel improvements approved , but not yet installed) or other title matters (including, without limitation, rights cffirsl refusal end options) not shown by the public records of which Seller hes actua l knowledge. Purchaser shall have the right to inspect the Prope1ty lo investigate if nny third party hns any right in the Property not shown by the public records (such ns an unrecorded casement, unrecorded lease, or boundary line discrepancy). Written notice ofnny unsntisfnclory condition disclosed by Seller or revealed by suc h inspection, shall be signed by or on behalf of Purchaser end delivered lo Seller within 14 calendar days of Seller's inspection. If Seller does not receive Purchaser's notice by said date, Purchaser accepts title subject to such righ ts, if any, of third parties of which Purchaser has actual knowledge. -2- • • • • • • c. Survey Review and Condjl ions on Survey. Seller shnll oblain a new survey and Purchaser shRII have the right lo inspecl the Survey . If written notice by or on behalf of Purchaser of any unsatisfaclory condilion shown by lhc Survey, is received by Seller wilhin 14 days of receipt of Survey, then such objection shall be deemed an unsolisfaclory title condilion . If Selh docs not receive Purchaser's notice, Purchaser accepts the Survey as Salisfactory. d. Right lo Obiecl, Cure . If Seller receives uolice of unmerchanlabilily of title or any other unsatisfaclory title condition or commilmcnt terms, Seller shall use reasonable efforts lo correct sa id ilcms and bcor the expense to correcl the same prior to Closing. If such unsatisfaclory litle condition is not corrected to Purchaser's satisfaction, this Contract shall tenninate; provided, however, Purchaser may, by wriltcn notice received by Seller on or before Closing, waive objection to suc h items . 3. PURCHASE PRICE AND TERMS The purchase price of the Property shall be $1,200,000 .00 . The Purchaser does hereby agree to pay to the order of the Seller the sum of not less than $266,667 .00 Dollars upon execution of this Contract, with the balance of$933 ,333 .00 being due and payable on or before December 31, 2010 . Amounts received by the City as grants for this purchase from Arapahoe County Open Space and Great Outdoors Colorado ("GOCO") shall be paid in inslallments when received . 4. DEED AND EVIDENCE OF TITLE At the time of the execution of this Contract and payment of$266,667.00, a general warranty deed lo Lots I, 36, 2 an d 35 as shown on Exhibit A shall be given to the City of Englewood . Upon each additional payment of$66,667 .00, a general \Warranty deed for an additional lot shall be given lo the Purchaser. Payment for the lots shall be applied in the following order: Lots 9, 28, 8, 29, 7, 30, 6 and 31. The final payment of $399,997 .00 made shall be for Lois 3, 34, 4, 33, 5, and 32. Payments on lots may be made at any time. Each conveyance shall be free and clear of any liens or encumbrances. 5. DEFAULT If the Purchaser shall fail to perform any of the covenants or conditions contained in this Contract on or before the date on which the perfom1ance is required, the Seller shall give Purchaser notice of default or performance, stating the Purchaser is allowed 14 days from the date of the Notice to cure the default or performance. In lhc event lhe default or failure of performance is not cured within lhe 14 day time period, then Seller shall give the Purchaser a written notice specifying lhe failure lo cure the default and infonning the Purchaser that if the default continues for a period of an additional 15 days after service of the notice of failure to cure, that without further notice, th is Contract shall sland cancelled and those lots th&t have not been deeded sha,· remain with the Seller and lhe Seller may, at its sole discretion, repurchase a,1y lots -3- previously deeded by the Seller 10 the Purchaser in the nmount of$66,667 .00 for each Joi, free and clear of all liens and encumbrances. 6. SECURITY This Conlrocl shall slnnd ns security oflhe pnymcnl oflhe obligations of Pur,h, ser. 7. MAINTENANCE OF IMPROVEMENTS The Seller shall m,;••ain nod be responsible for the building currently housing All Souls School loc.a1cd on the Property through and up to the time of the last payment pur.;uanl to Sections 3 and 4. Prior to the conveyance of Lots 3, 34, 4, 33, 5 and 32 , the Seller sha ll terminnle any lease with any tenanl(s) o n the Property. The Seller sha ll be entitled to all rents collected from such lenant(s). Purchaser shall not commit, or suffCr any other person to commi t, any waste or damage lo said premises or the appurtenances and shall keep the premises nod all improvements in as good condition ns they are now . 8. CONDITION OF IMPROVEMENTS Purchaser agrees that the Seller has not made, nor make~ ?.t\Y representati ons or warran ties as to the condition of the premises, th e condition of the ~uildings, appurtenance_ and fixtures localed thereon, nnd/or the location of the boundaries. Purch aser accepts the Property in its "as-is" condition without warranty of any kind. Walk-TI1rough and Verification ofConditio,r Purchaser, upon reasonable notice, shall have the right to walk through each lot of the Property prior to execution of this Contract to verify that the physical condition of the Property nod inclusions comply with this Contract. Purchaser shall also be entitled to perform such environmental tests it deems necessary during the term of this Conlroct to obtain grants for the purchase of the Property , And, if the cost to cure uny environmen tal contamination exce eds $100,000 .00 U.S., the Purchaser shnll have the right to tenninate this Contract without further obligation . 9. POSSESSION OF PROPERTY Purchaser sh all lake possession oftl·,e Lots on the Property as they are purchased and paid for under this Contract, and shull 0<1nlinue in the peaceful enjoyment of the Property so long as all payments due under t1.1e terms of this Contract are timely made. Purohaser agrees lo keep the Property in a good slate of repair and in the event of tennination of this Contract. -4- J ' • • • • • • 10. ~ All notices required hereunder shall be deemed to have been made when deposited in the U. S. Mail, postage prepaid, certified, and return receipt requested, to tho Purchaser or Seller at the addresses listed below . All notices required hereunder may he sent to: Seller: Arapahoe County School District No. (Attention: Superintendent) 410 I South Bannock Street f.. glcwood, Colorado 80 I I 0 Purchaser: The City ofEnglewood I 000 Englewood Parkway Englewood, Colorado 80110 County of Arapahoe and when mailed, postage p1epaid, to said address, shall be binding and conclusively presumed to be se rved upon said parties respectively . 11. ASSIGNMENT OR SALE Purchaser shall not sell, assign, transfer or convey any interest in the subject Property or this Contract, without first securing the written consent of the Seller. 12. PREPAYMENT · Purchaser to have the right 10 prepay, without penalty , the whole or any part of the balance remaining unpaid on this Contract at any time before December 31, 20 I 0. 13. F.NTIRF. AGREEMENT This Contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. This Contract shall supersede all previous agreements related to this property. 14. AMENDMENT -WAIVERS This Contract shall not be modified or amended except by an instrument in writing signed by all parties. -5- No delay or failure on the part of any party hereto in exercising eny right, power or privilege under this Contract or under any other documents furnished in connection wilh or pursuant to this Co:1tract shall impair Rny such right, power or privilege or be construed as a waiver ofan)' default or any acquiescence therein. No single or partial exercise of any such right, p,,wer or priv ilege shall preclude the further exe,·cise of such right, power or privilege, or the exercise or any other right , power or privilege, No waiver shall be valiJ again st any party hereto unless made in writing and signed by the party against wh or· enforcement of such waiver is so ugh! nnd then onl y to lhc extent expre ss ly specified therein . 15 . SEVERABILITY If any one or more of the provi sions contained in this Contract shall be held illegal or unenforceable by a court, no olhor provisions shall be affected by this holding. The parties intend that in the event one or more provisions of this Contract are declared invalid or unenforceable, the remaining provisions shall remain enforceable and this Contract shall be interpreted by a Court in fav or of survival of all remaining provisions . 16. HEADINGS Section headings contained in this Contract are inserted for convenience of reference only, shall not be deemed to be a part of this Contract for any purpose, and shall not in any way define or affect the meanin g, conslruction or scope of any of the provisions hereof. 17. PRONOUNS All pronoun s and any variations theroof shall be deemed to refer to the masculine, feminine , neuler, singular, or plural , as the identity of the person or entity may require. As used in this Contract: (I) words of the masculine gender sha ll mean and include corresponding neuter words or words of the feminine gender, (2) words in the singular shall mean and include the plural and vice versa, and (3) the word "may" gives sole discretion without any obligation to take any nction. 18. OTHER PROV1SIONS Choice of Law: This Contract and all disputes arising hereunder shall be governed by and construed in accordance with th e laws of the Slate of Colorado. Alternate Dispute Resolution: In the event of any dispute or claim arising under or related to this Contract, the parties ,hall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of ils desire lo attempt to resolve such dispute or claim -6- • • • • • through negotiat ions, then the parties ngree to altcm~t in good faith to sell le such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or If the parties agree otherwise, then under the auspices of• recognized established mediation servic e within the Stale of Colorado . Such mediation shall be conducted within 60 days following either party's wriltcn request therefor. If such dispute or claim is nol sclllcd through mediation, then either party may initiate a civil action in the Di strict Court for Arapahoe Co unty . WITNESS TME SIGNATURES oflhe Parties thi s lhc __ day of -----· 20 __ . SELLER: Arapahoe County School District No . 4101 South Bannock Street Engl•~j Colorado {)l, , By : J/.$.e,LL, y {hi.cu, Pres ident, Board of Education ATTEST: STATE OF COLORADO COUNTY OF ARAPAHOE PURCHASER : The City of Englewood IW0 Englewood Parkway Englewood, Colorado 80110 By: _______ _ The foregoing in strument was acknowledged before me this ___ _ ~ 200_ by Karen Miller, as President and attested to by Heather Hunt, as Secretary, of Arapahoe County School District No . I. Notary Public Printed Name : ___________ _ My commission expires : .7. STATE OF COLORADO COUNTY OF ARAPAHOE The foregoing inslrumcnl was acknowledged before me this ___ _ __ , 200 _ by Olgn Wolosyn, os Mayor of the Cily of Englewood, Colorado . NolRl)I Public I • Printed Name : ___________ _ My commission c>:.pirc ~: Sellcr(s) Name and Address Purchaser(s) Name and Address Name: Arapahoe County School Dislrlcl No. I Name: City of Englewood Address: 4101 Soulh Bannock Slreel Address: IOOO Englewood Parkway City: Englewood City: Englewood State : CO Zip: 80110 State: CO Zip: 80110 Pbone:303-7 61-7050 Phone: 303 76 2-2 320 • • -8- I I it <( ~ z <( > -' >- Ill ,, z: z w 0. ifH EN ANGO I Ex h i b i t A I I LAYTON lot 1 Lot 36 Lot 2 Lot 35 Lot 3 ~ ~ /' ~ ~ Lot 5 Lot 32 .. ' . '• Lo t 6 Lot 31 lot 7 Lot 30 Lot 8 Lot 29 Lot 9 Lot 28 B l c ck 1 Har per S 1bd iv i s i o n I \ I -' 0: <( w a.. ~ -.. ,11111, .-c•r 11 I~ U .!1..:~I SCALE: I Inch • 80 rect DATE : March 7, 2007 • • • COUNCIL COMMUNICATION Date: Jul y 16, 2007 Initiated By: I A1enda Item: 11 a I Parks and Recreatio n Department [ Subject: Duncan Park -Contract for Deed I Staff Sourre: Jerre ll Bla ck, Dir ec tor of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 35, Series of 1978 -Int ergovernmenta l Agreement between the City of Englewood and En glewood Schools for the leas e of Dun can School property for park and recrea ti ona l purposes. Ordi nance No. 30, Series of 198 4 -Int ergovernmen tal Agreement between the City of Englewood and Englewood Schools th at return ed con trol of the former schoo l building to th e Englewood School District. RECOMMENDED ACTION Staff recommends th at City Council adopt a Bill for an Ordinance authorizing a Contract for Deed for the purchase of Duncan Park located at 4846 South Pennsyl va nia Street between the City of Englewood ar.ci Arapahoe County School District No. 1 (Englewood Schools). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e City of Englewood and th e Englewood Schools entered into a lease ag reement for th e former Duncan School property on November 6, 1978. Th e lease included both the former school building and the property. On August 22, 1984 th at agreement was ame nd ed to return the building back to th e sc hool district. Since 1984, th e school district has leased the building to various user groups. Aft er the City of Englewood received the property in 1978, th e site was renamed Duncan Park and added to the current inventory list of park locations. Dun ca n Park is th e only park located in the southeast quadrant of the City. In 2006 the Englewood Schoo l Bo ard voted to close Flood Middle School an d to sell the Duncan Park property, The City of Englewood and the Englewood Schools negotiated an agreement to sell the Duncan Park prop erty to the City of Englewood . The attached Contract for Deed agreement formalizes the terms and co nditions for the purchas e of the property , The Contract for Deed identifies December 31, 2010 as the final date for pay ment. The School District will retain control/ownership of the building through the year 2010. The City will be responsible for the removal of the building upon finalization of the purchase. FINANCIAL IMPACT The total purchase pri ce for the property is $1 ,200,000 . The agreement allows for the City to seek grant funding to assist In the acquisition costs . Currently, the City has received a grant from Arapahoe County Open Space In the amount of $250,000. Staff will be applying for a grant from Great Outdoors Colorado later th is year. The 2007 Open Space Fund Budget has $200,000 appropriated for land acqu isition . Arapahoe County Open Space Share Back Funds can also be used for land acquisition . LIST OF ATTACHMENTS Arapahoe County Open Spa ce Letter Bill for an Ordinance • • • • Arapahoe ~~.~~,~~,:, • • iY\.I :,..1 uth l'll11H :,.11,: .. ·t llttlt•1 ,1n,•:,,t,,1:i J,,t1l,ll l'l Olli! .l une 7, cllfl7 l'h.•n 1·· .iii.~ 1•1~, .;,,' 1 I ,l> .~ll.~· 7 .!,; • ~(1 ,J .l 11,r• 1,n.;,,·, : .. !'I ( 'il y nf E11glc woo d ,l'llll ,\1 '1l/1 lj•1 1/11•1 t ,r: 1,•1,•m 1 ",,11,·1,.n 1,•,1•,11•,11'•,,, .. ,u, IO00 F.11 gh.:woud P,u1w:,y Euglcwuu,1, CO SO 11 0 Jfr:: '.WO? t\r;i p;i lmc C'm 1111 y Open Sp:tcc Prngr:1111 Cir.i nt Awards Dc,1r Ci ty 11 r Englewood. Congra tula tions! The Ara p;ihoi: C,Ju nly Boa rd of County Cl,m missio m.·rs is \'Cry pll-asc d to hi.: ;1b\c to ;1w ard Ill th ..: City o f l:nglt:woud :111 Arnp:dHJl' Cou nt y Op,.:n Sp:1n: grant in the ;11110 11111 of S2J0,000 fo r th e 1)1111,·1111 l'urk At·1111ixi1i,m proj ci.:t. T he grn nt ru nc\s wi ll he di st rib uted to yo u upc1n th e c.•.xcc util'n uf :m Int ergove rnm ental Agree men t ("IGi\") betwee n th e Ci ty o f En gk woocl and Ar:t pah oc Co unt y. The: IGA, whi t.:h has bee n prcp:m.::d hy the Co unty Attorn ey's Ol'licc. has been fi1rw arcl ecl to yo ur attorney al ong with a wire trnn sfcr/c hcc k au thori zati on for m .. -\s S\1nn ;1s yo ur govc rning body and/or auth or ized ollid:.i l h:.is ::1pprov{'cl , cxcc u1 \,~c1 and return ed 1h e IGA lo 1h c Counl y A llorney 's Ofli ce, wilh !h e wire 1ran sfcr/chc ck au1h oriza 1io u, !he grant fond s will he di sbursed. Pl ea se co11 1act Andren Wc rli. Arnp uhoc Coun1 y Sales Tax An alys t, nt )0)4 795.4 571 i f )'OIi have qu c~tio ns or concerns ;1 ho ut lhc win: trans f't:.:r cw check. Th e grant fun ds mu st he spent on th e projec t in th e man ner dcsc:rihl·d in yu m appli c~1ti c,1\ :1s we ll ,1s in ;1ccon.lanc\,' wit h tit .: Ara p:1l1 oe C'o 1111ty Opl.'11 Space Sal!!s ~1 11d Use Tas Reso luti on Num ber 03038 1 :UICI the lirn nt IGA . If yo u ha\'c any qu es tions ri:g;m l i ng the use n f th ese li.111cl s. plc ;1sc crnllac t IJ nh To ll . Arap.tl \l1..: ('o unl y Oprn Space Ma nil gcr. ,11 720-874 -6725 . 'vVi: luuk forward to Sl'l0 i11 g ymir ct1nslitu i:nts mnl oth ers l.!njo y tli L: hcnctit s ur th e l)u,u·,111 Pt1rk A,·1111 i.\·itio11 11rojcct. We can th ank nil th e Arapah oe C'mmt y vutc rs fo r :ippro ving the Open Sp.i ce Progrnm in Novc.:mlu:r or :WO ). Siu ec?J Frn11k /:!lJ ~ C'hai r Ho ard o f Co unt y Commi ssi on ers lt.ll~:>11.I/\' I 11h,1n•1111: y,•u, ,JuJhl1' ,,1 hft 1111 1•111\h ,•,,·,•p L ,.,1,1 1 ,klh,•rr ,,j ,-,,•1,•h·,..., ,rn1t ,•11 1.:t,'II I 11 >•' ,,1 ru •h, 1 1 .n,I► ,u-.,,1o1 1.1 .. -.1,-, 1,.·,,:; U\I 11\IU p, ..... ,:. l'\1 :-.U ll',\I, 11.,11111,