HomeMy WebLinkAbout2007 Ordinance No. 045•
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1..1</ ORDINANCE NO.~
SERIES OF 2007
BY AUTHORITY
COUNCll. Bll.L NO . 44
INTRODUCED BY COUNCll.
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQlft,;NT LEASE
OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS THE SOUTH
PLATTE RIVER OXBOW HABIT AT/WETLANDS .
WHEREAS , Ordinance No . 36 , Series of2007 authorized and intcrgovcmmcntal grant
agreement regarding the grant of Open Space Program funds for the purpose of acquiring
property in the South Platte Ri ver habitat area ; and
WHEREAS, Ordinance No . 36, Series of 2007, anticipated the purchase of land adjacent
to the Colorado Water Conservation Board 's South Platte River Right-of-Way ; and
WHEREAS , Ordinance No . 36 , Series of 2007, anticipated that the property would be
leased back to the current owner for not more than five years for a nominal fee; and
WHEREAS, this acquis ition is consistent with the 2003 South Platte River Plan adopted
by the City ofEnglcwood by the passage of Resolution No . 72 , Series of2003; and
WHERE AS, the South Platte River Oxbow Habitat/Wetlands is approximately 2.3 acres ,
more or less. of land adjacent to the South Platte River Right-of-Way, which lies within the
jurisdic uonal limits of the City of Englewood ; and
WHEREAS , this property is to be purchased by The Trust For Public Lands from the
owner for purposes of acquiring the property and transferring it to the City of Englewood fo r
open space; and
WHEREAS , the property has been leased back to the previous owner for not more than
five years for a nominal fee and the City will accept assignment of the Lease; and
WHEREAS , the City will be requiring the lC8SCC to provide insurance to protect the
property from environmental harm during the term of the Lease ; and
WHEREAS , the City of Littleton is providing access to this property from land it is
purchasing but not leasing ;
NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOL!..OWS:
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~-The City Cowicil of the City of Englewood, Colorado hereby authorizes the
purchase of a 2.3 acre, more or less, parcel of land within the City of Englewood known as
the South Plane River Oxbow Habitat /Wetlanda described Purchase Agreement in
Anachment 1 anached to this Ordinance .
~ The Mayor and the City Clerk arc authorized to sign and attest the Purchase
Agreement and the Deed for the City of Englewood, Colorado, sec Exhibit E anached to the
Purchase Agreement.
~ The City Manager is authorized to sign the Lease and any extensions for and
on bchalfofthe City of Englewood, Colorado, sec Exhibit F attached to the Purchase
Agreement.
Introduced, read in full, and rassed on first reading on the 6th day of August, 2007 .
Published as a Bill for an Ordinance on the 10th day of August , 2007 .
Read by title and passed on final reading on the 20th day of August , 2007 .
Published by title as Ordinance No. -~ Series of 200 7, on the 24th day of August,
2007 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ts a tru~ f"_j)Y of the Ordinance passed on final reading and
published by title as Ordinance No .~. Series of 2007. _ • ~
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is entered into between the TRUST FOR PUBLIC
LAND, a nonprofit California public benefit corporation authorized to do business in
Colorado, with an address of 1410 Grant Stre et, #D210, Denver, Colorado 80203-1846
("TPL"), and the CITY OF ENGLEWOOD, a Colorado municipal corporation, with an
address of I 000 Englewood Parkway, Englewood, Colorado 80110 (the "CITY").
RECITALS
A. TPL owns or shall own by the date of closing approximately 2.82 acres of certain
real property located in Arapahoe County, Colorado, which is more particularly
descri bed in Exhibit A hereto (the "Property ").
H TPL shall sell 2.38 acres, more or le ss, of the Property, which lies within the
jurisdictional limits of the CITY, to the CITY. This tract is more particularly
described in Exhibits A and B hereto (the "Englewood Property").
C. TPL shall sell .44 acres, more or less , of the Property, which lies within the
jurisdictional limits of the City of Littleton, Colorado, a political subdivision of
the State of Colorado, to the City of Littleton and South Suburban Park and
Recreation District. This tract is more particularly described in Exhibit C hereto
(the "Li ttleton Property").
D. The CITY has had full opp ortunity to review title to and survey of the Englewood
Prop erty and is fully sat isfie d therewith .
E. The TPL shall enter into a Lease with Ron Koch for the Property, a copy of which
is attached hereto as Exhibit i', which TPL shall assign to the CITY and the CITY
will accept from TPL, upon co nveyance of the Englewood Property to the CITY,
utili zing the assignment of Lease attached hereto as Exhibit F.
F. The CITY shall exped itiously engage in those public processes necessary for it to
accept title to the Englewood Property and the Lease , which it anticipates shall be
concluded on or about September 30, 2007 .
TERMS
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth below, the partfes agree to be bound as follows :
I. Operative Provisions, The above recitals are incorporated herein as operative
provisions hereof as tl1ough more fully set forth herein.
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2. Englewood Property Acqubltlon and Conveyance. TPL will acquire all of the
real property described in Exhibit A from its current owner for the total sum of
$730,000.00 . The funds to be used by TPL to acquire the Property are as follows :
$109 ,500 .00 from the City of Littleton; $187,500 .00 from the City ofEnglewood;
$250,000.00 from a grant JT1ade by Arapahoe County to the City ofEnglewood ;
$136 ,000 .00 from Arapahol ,~ounty and $47 ,000 .00 from South Suburban Parks
and Recreation District. Upon the placement into escrow with Fir~! American
Heritage Title Company of all of said funds and other related documents , TP L
shall sell and convey the Englewood Property to the CITY
The CITY agrees to acquire the Eng lewood Property and TPL agrees to convey
the Englewood Property to the City as set forth above and subject to the
conditio •• s set forth below .
3. Contingencies . TPL's obligation to convey the Englewood Property to the
CITY, and the CITY'S obligation to acquire the Engl ewood Property are
contingent upon the following conditions :
a. Acquisition of the Property by TPL from its current own~•.
b. Full fundin g of the transaction as set forth in Paragraph 2 above.
C. Th CITY engaging in the following process:
I. Presenting Ordinance to purchase and lease back the Property to
City Council. Ordinance process requires an affirm ati ve vote in
two readings and a referendum period of thirty days .
4. No Personal Property. The parties acknowledge that no personal property is
being acquired and that no personal property is located on the Englewood
Property being transferred, except as may be agreed to between the CITY and the
current owner of the Property .
5. Risk of Loss for Damage to Improvements. TPl or its predecessor shall be
responsible for the risk of loss prior to close of escro w.
6. Deed. TPL shall transfer title to the Englewood Property by Special Warranty
Deed from TPL to the CITY. Title ahall be transferred free and clear of all liens
and encun1brances and subject to those matters identified on Exhibit D attached
hereto. The Special Warranty Deed shall be in the form ofExhibit E attached
hereto.
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7. Payment and Prorations. All of the funds identified in Paragraph 2 above shall
be in escrow prior to and as a condition precedent to Closing. The date of closing
shall be used for proration of property taxes and other similar costs , if any .
Federal taices for the year of closing (based on the taices for the calendar 1 ear
immediately preceding closing), and pursuant to Sections 39-3-131 and 39-3-133
C.R.S., shall be paid to the Arapahoe County Treasurer by TPL or its predecessor
in interest. The CITY is a political subdivision of the State of Colorado organized
pursuant and, therefore , is exempt from taices.
8. Possession and Closing. Posse ssio n shall be given to the CITY on the date of
closing . Closing shall 1,e on or before September 30, 2007, or such other date as
the parti es shall mutuall y agree to in writing .
9. Water Rights. Water rights for the Englewood Property owned by TPL, if any,
are transferred hereby to CITY.
IO. Environmental Representations . TPL hereby represents that, to the best of
TPL 's actual, specific knowledge, no pollutants, contaminants, toxic or hazardous
substances, wastes or materials have been stored, used or are located on the
Englewood Property with the exception of those matters set forth and referenced
in that certain Phase I Environmental Site Assessment for the Property conducted
by CTL Thompson, dated February S, 2007, which assessment the CITY has
reviewed.
11. No Leases . TPL represents that there are no oral or written lease s on all or any
portion of the Englewood Property at this time, but the parties anticipate TPL
entering into a Lease Agreement attached as Exhibit F hereto . Pursuant to the
tenns of that Lease, the reco mmended remediation of stained soils referenced in
the Phase I Environmental Assessment in Paragraph IO above, shall be performed
by the Lessee , who is the current landowner, on or before that date on which the
Lease expires.
12. Closing Costs . TI1e parties shall split the costs of the escrow company, except
that the CITY shall pay for the cost of its title insurance policy, should it choose
to obtain such a policy on the Englewood Property. Real property taxes on the
Englewood Property shall be prorated as of the date of Closing .
13. Reservation of Easement. The TPL shall reserve an access easement across
Parcel A, as described on attached Exhibit C, for the benefit and use of the owner
of Parcel B.
14. Remedies. If either party sho uld default in their obligations set forth herein, the
nondefaulting party shall have the ip 1t of specific performance against the
defaulting party, in addition to any other rights under the law or in equity .
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date of
the last signature set forth below . •
THE TRUST FOR PUBLIC LAND
By : _________ _
Name : __________ _
Title :
Date: __________ _
CITY OF ENGLEWOOD
By : __________ _
Name : __________ _
Title: ___________ _
Date : ________ -,-__ _ •
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LEGAL DESCRIPTION:
EXHIBIT A
Property Descrlotlou
A parcel ofland located in the SE ¼, Section 8 and th e SW ¼, Section 9, Township 5 South,
Range 68 West, 6th P.M. in the Citie s ofEnglewood and Littleton, Arapahoe County,
Colora rlil, more particularly described as follows:
Commencing at the SE corner of said Section 8;
Thence N0°0l '20"W along the east line of said SE¼, a di stance of 804 .00 feet to the
northeast corner of Riverdale Subdivision Filing No. 1 as platted in the records of said
County at Reception Nwnber A5135038 , which is the Point ofBegirming;
Thence N26° 11 '00"W along the north line of said subdivision, 247.06 feet to the southern
point of a 50 square foot exception parcel as described in Deed recorded December 9, 1996 at
Reception Number A6154992;
Thence N0 °04'00"E along the east line of said exception parcel, 16 .97 feet to a non-tangent,
1604.40-foot radius curve bei ng the easterly right-o f-way line of the U.S. Army Corps of
Engineers f!oodway channel for the South Platte River as shown on the Platte Ri ver Channel
Improvement Map by the U. S. A.tmy Corp of Engineers, Drawing No . PCCI-40E-4.1, dated
January, 1969;
Thence northeasterly along said 1604 .40-foot radius curve (from which the center bears
N39°52'55"W) concave northwesterly through a central angle of24°23 '01 ", a distance of
682.79 feet to the east line of the arcel as set forth in Decree recorded August 24, 1987 in
Book 5244 at Page 97;
Thence along last said east line through the following three courses :
I) S8 °16'56"E, 374.48 feet to a ·taugent, 155 .19-foot radius curve;
2) Southwesterly along said 155. 19-foot radius curve concave northwesterly through a
central angle of 114°18 '00", a distance of 309.59 feet;
3) N73°58'56 "W, 171.82 feet to said east line of the SE¼;
Thence S0°01 '20"E along said e t line oflhe SE¼, a distance of278.53 feet to lhe Point of
Beginning .
Basis of Bearings
The east line, SE¼, Section 8 bears N0°01 '20"W per Riverdale Subdivision Filing No . 1 as
platted in the records of Arapahoe County, Colorado at Reception Number A5135038 .
PURCHASE AGREEMENT
EXHIBITB
Englewood Property Description
Parcel B:
Parcel of land lying in Section 9, Township 5 South , Range 68 West of the 61h Principal
Meridi an, County of Arapahoe, State of Colorado, described as follows:
All of that portion of real property in sai d Section 9 lying Sou theaste rly of the Easterly line c !
the Platte River Rechannelization as shown on th e Platte Rive r Channel Improvement Map
by the U.S. Anny Corp ofEngineers, Drawing No . PCC 1-40E-4 .l, dated January, 1969, to
the centerline of the South Platte River as existing in October, 1985, the boundary is more
particularly described as follows :
Beginning at the Southwest corner of said Section 9;
Thence North 00°17'22" East along the West line of Section 9, a distance of 1103 .85 feet to a
point in the center of the South Platter River as existing in October, 1985 , said point being
the True Po int ofBeginning;
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Thence North 00 °17'32" East along the West line of Section 9, a ~istance of 60 .00 feet to the
Easterly line of the Platte Riv er Rech ann elization as sh own on the above mention ed Arm y
Corp of Engineers drawing; •
Thi:nce along a curve to the left, sai d curve having a central ang le of 19°06'2 1 ", a radius of
1604.40 feet, an arc length of 535 .00 feet, a chord length of 532.35 feet, and a chord bearing
North 35°35'56" East to a point in the center of the South Platte River as existing in October,
1985 ;
Thence following the centerline of the Sou th Platte River as existing in October, 1985, the
following three courses and distances:
a. Gu utl1 07°58'14" East, a distance of374.49 feet;
b. Thence alo ng a curve to the right, said curv e having a central angle of 114°15'00", a
rc~ius of 159.3 4 feet, an arc length of 309 .75 feet , a chord length of 260.75 feet, and a
chord bearing South 49°10'50" Wes t;
c. Thence North 73'40 ' 14" West, a dis tanc e of 171.82 feel to the True Point of
Begi mting.
County of Arapahoe, Stale of Colorado.
PURCHASE AGREEMENT-
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EXHIBITC
Littleton r •roperty Description
A po1tiun of the Southeast¼ of Section 8, Township 5 South, Range 68 West of the 6th
Principal Me ridian, City of Littleton, County of Arapahoe, State of Colorado, being more
partic ul arly described as follows :
Begi nrun at the Southwest comer of the Southeast ¼ of said Section 8 and considering the
::;t,•ttherly ,me of said Southeast¼ to bear North 89°41 '10" East with all bearings contained
herein rel tive thereto;
The;1ce l:!aslcrly along said Southerly line North 89°41 'IO" East 1326 .07 feet;
Thcr.~r-departing said Southerly line North 00°26'00" East, 40.00 feet West to the Southeast
co mer of c~ntennials Pride Subdivision, according to the recorded Plat thereof, County of
Arapahoe, State of Colorado, and the Northerly right of way line of West Belleview Avenue;
The nce Easterly along said Northerly right of way line North 89°41 '10" East, 608 .40 feet;
Thence departing said Northerly right of way line North 00°18'50" West, 10 .00 fee t to the
approximate centerline of the South Platte River;
Thence Northerly along said centerline North 19 °42'10" West, 297.40 feet ;
Thence No·rth 12°56'00" East, 379 .60 feet;
Thence North 33°25 \lO" East, 359.40 feet;
Thence North 66°58'00" East, 217.30 feet;
Thence South 79°31 '00" East, 203 .40 feet;
Thence South 26°11 '00" East, 9.93 feet to the proposed Easterly right of way line of the U.S .
Army Corps of Engineers Floodway Channel for the South Platte River and the True Point of
Beginning of this description;
Thence Northeasterly along said Easterly right of way line along a non-tangent curve to the
left having a delta of05°32'42", a radius of1602.40 feet, an arc of 155.08 feet and a long
chord which bears North 49°08 '39 " East , 155 .02 feet to the East line of said Southeast ¼;
Thence Southerly along said East line South 00°01 '20" East, 338.5:i feet;
Thence depatting sai d East line Nortl1 26°11 '00" West, 261.97 feet to the True Point of
Begirming .
Except the Westerly 50.00 square feet thereof, described as follows:
Beginning at a point ofbe6inning of the above described parcel;
Thence Northeasterly along a 1602 .40 feet radius curve having a curve of 7 .64 ,eel;
The.'lce South 00°01 '20" East, 16.89 feet;
Thence North 26°11 '00" West, 13.43 feet to the point of beginning .
And except a 1/8 int~Test in the West 50 feet of the South 50 feet of P=el A above as
described in Deeds recorded in Book 5884 at Page 229 and in Book 6925 at Page 119,
County of Arapahoe, State of Colorado.
EXHIBIT D TO PURCHASE AGREEMENT
Permitted Exceptions
I . Any facts, rights, interests or claims which are not shown by the publi c records but
which could be ascertained by an inspection of the land or by making inquiry, fpersons
in possession thereof.
2. Easements , or cla ims of easements, not shown by public records .
3. Discrepancies or conflicts in boundary lines, shortage in area or encroachments which a
correct survey and inspection of the land would disclose and which are not shown by the
public record . ·
4. Taxes and assessments for the current year, including all t•Y.os now or heretofore
assessed, due or payable .
5. Tenns, conditions , provisions, agreements, easements and oi;ttgations contained in the
Easement Agreement recorded April 23, 1996 at Reception N0. 09117742 .
6. Tenns, conditions , provisions, agreements, easements and obligations contained in the
Easerr,ent Agreement recorded April 23, 1996 at Reception No. A6048722.
7. Terms, conelitions, provisions, agreements, euements and obligations contained in the
Drainage Easement Agreement recorded July 17, 1996 at Reception No . A60900862, and
Amended and Restated Drainage Easement Agreement recorded February 20, 2004 at
Reception No . B4031573 .
8. Terms, conditions, provisions, agreements and obligations contained in a Tax Fee
Resolution recorded July 31 , 2003 at Reception No . B3165064 .
9. Real property taxes on the Englewood Property shall be prorated as of the date of
closing.
10. Terms, conditions, provisions, agreements and obligations as set forth in that certain
Lease Agreement dated _____ between The Trust for Public Land and Ron
Koch .
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Wt,en recorded return to:
City or Englewood
1000 Englewood Parkway
Enalewood, CO 80110
EXHIBIT£
FORM OF SPECIAL WARRANTY DEED
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this __ d•y of July, ;001 between THE TRUST FOR PUBLIC
LAND, a nonprofit California public benefit corporation, Grantor, and ITV OF ENGLEWOOD, a political
subdivision of the State of Colorado, whose legal address is 1000 En glo wood Parkway, Englewood, CO 80110,
Grantee .
WITNESS, that th e Grantee acknowledges the contributions of The Trust for Public Lands, in coordinating the
acquisition of this property and working with the members of the South Platte Working Group in identifying it as
appropriate for open space and the contributions of funding by Oie government entit ies of Arapaho, County, the City
of Englewood, the City of Littleton and the South Suburban Parks and Recreation District for the prc.serv~liun of and
use of this property as open space ; Grant or has granted, bargained, so ld and conveyed, and by these prase nts does
grant, bargain , sell, convey and confinn unto the Grantee, its successors and assigns fo1-cv,!', that certain real
property, together with improvements, if any, situate, lying and being in the County of Arapahoe and State of
Colorado, described as follows:
See Exhibit A attached hereto and incorporated herein by thi s reference;
Subject to the matters set forth in Exhibit B hereto and the casement reservation set forth in Exhibit A;
Together with the Grantor's interest in and to all and singular hereditaments and appurtenances thereto belonging,
or in anywi se appertaining, the reversion and reversions, remainder and remaind ers, rents, issues and profits thereof,
and all 01e estate, right, title , interes ,, claim and demand whatsoeve r of the Grantor, ei ther in law or in equity, of, in
and to the above-bargained premises;
To have aud to hold the said premises above bargained and described, with the appurtenanc~, unto Grantee, its
successors and assigns forever . The Grantor shall warrant and forever defend the above-bargained premise s in the
quiet and peaceable possession of the Grantee , its successors and assigns, against any, all and every person lawfully
claiming the whole or any art thereof through Grantor, but against no other, subject to prorated taxes for the year
2007 and subsequent years, easements, encumbrances, mat'. rs of record and such matters as an li.Ccurate survey of
the property would have revealed.
IN WITNESS WHEREOF, th e Grantor hos executed this deed as of the date first above set forth .
STA TE OF NEW MEXICO )
) "· COUNTY OF SANTA FE )
THE TRUST FOR PUBLIC LAND , a
nonprofit Ca lifornia publi c benefit
corporation
By ___________ _
Pe ter N. Ives
Regional Counsel
ACKNOWLEDGM ENT
The foregoing instrument was acknowledged before me this __ day of July, 2007, by Peter N. Ives, Regional
Counsel, The Trust for Public Land, a nonprofit California public benefit corporation, on behalf of said cor,,oration .
My Commission ixpircs :
Notary Public
En3lewood Prnperty Description
Parcel B:
Parcel of!and lying in Section 9, Township 5 South, Range 68 West of the 6th Pr incipal
Meridian, County of Arapahoe, ~tate of Colorado, described as follows:
All of that portion of real prope1ty in said Section 9 lying Southeasterly of the Easterly line of
tile Platte River Rechannelization as shown on the Platte River Channel Improvement Map
by the U.S. Anny Corp of Engineers, Drawing No . PCCl-40E-4.l, dated January, 1969, to
the centerline of the South Platte River as existing in October, 1985, the boundary is more
particularly described as follows:
Beginning at the Southwest comer of said Section 9;
Thence North 00°17'22" East along tne We~t line of Section 9, a distance of 1103 .8 5 feet to a
point in the center of the South Platter River as existing in Or.tober, 1985, said point being
the True Point ofBeginnihg; · ·
Thence North 00°17'32" East along the West line of Section 9, a distance of 60.00 feet to the
Easterly line oftl)e Platte .'uver Rechannclization as shown on the above mentioned Anny ·
Corp ofEngineers drawing;
Thence along a curve to the left , said curve having a central angle of 19°06 '2 1 ", a radius of
1604.40 feet, an arc length of 535.00 feet, a chord length of 532.35 feet , and a chord bearing
North 35°35'56" East to a point in the center of the South Platte River as existing in Octo ber,
1985;
Thence following the centerline oftbe South Platte Riv er as existing in October, 1985, the
following three courses and distances:
a. South 07°58'14" East, a distance of374.49 feet;
b. Thence along a cw-veto the right, said curve having a central angl e of 114°1 5'00", a
radius of 159 .3 4 feet, an arc length of 309.75 feet, a chord length of 260. 75 fe et, and a
chord bearing South 49°10'50" West;
c. Thence North 73°40'14" West , a distan~e of 171.82 feet to the Tn1e Point of
Beginning.
County of Arapahoe, State of Colorado.
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EXHIBIT B TO DEED
Permitted Exception,
I. Any facts, rights, interests or claims which are not shown by the public records but
which could be ascertained by an inspection of the land or by making inquiry of persons
in possession thereof.
2. Easements, or claims of easements, not shown by public records .
3. Discrepancies or conflicts in boundary lines, shortage in area or encroachments which a
correct survey and inspection of the land would di•close and which are not shown by the
public record.
4. Taxes and assessments for the current year, including all taxes now or heretofore
assessed, due or payable .
5. Terms, conditions, provisions , agreements, easements and obligations contained in the
Easement Agreement reoorded April 23 , 1996 at Reception No . 09117742 .
6. Terms, conditions, provisions, agreemenlll, easements and obligations contained in the
Easem ent Agreement recorded April 23 , 1996 at Reception No . A6048722 .
7. Terms, conditions 1 provisions, agreements, easements and obligations contained in the
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Drainage Easement Agreement recorded July 17, 1996 at Reception No . A60900862, and •
Amended aud Restated Drainage Easement Agreement recorded February 20 , 2004 at
Receptio n No . B4031573 .
8. Terms, conditions , provisions, agreements and obligr'.ions contained in a Tax Fee
Re soluti oa recorded July 31, 2003 at Reception No . B3165064 .
9. Real property taxes on the Englewood Property shall be prorated as of the date of
closing .
I 0. Term s, conditions, provisi ons, agreements and obligations as set forth in that certain
Lease Agreement dated _____ betwe en The Trust for Public Land and Ron
Koch .
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EXBIBITf
USINESS LEASE
This Lease, dated------~ 2007, is between The Trust for Public
Land, a California nonprofit public corporation, hereinafter refemcl to as Lessor, 111d
Ronald Koch, hereinafter refen-ed to as Lessee .
I. p..crtpdop .
In consideration of the payment of the rent 111d the perform111ce of the coven111ts
111d agreements by the Lessee set forth herein, the Lessor does hereby lease to
the Lessee the property situated in 'Arapahoe County, State of Colorado,
specifically described on attached Exhibit A (the "Property").
2. Ima,
The term of this Lease shall be for a period oftluee (3) years from the date it is
executed with two (2) one-year (I-year) extensions . ~ parties may extend the
Lease for these additional periods on mutual written agJeement at least sixty (60)
days before the last day of any existing lease period .
3. &I!!,
The rent for the term hereof shall be a nominal amou nt •: fTen Dollars ($10 .00)
per year payable upon the execution of this Lease an,l ann~ally thereafter;
provided, however, that if Lessor does not assign the L<•ase to the City of
Englewood within sixty (60) days of its execution, then the parties shall
renegotiate the rental amount to equal the fair market rental valve of the
property, if any .
4. Property Malptegance .
Lessee shall maintain the Property as an open and unimproved property ;
provided, however, that Lessee shall be permitted to contim•o the exi sting use of
the property for the storag• of landscap ing materials and the temporary parking
of vehicles associated will, that use . Lessee shall be responsible for the
reasonable mainten111ce and repair of the Property during the term of the Lease ;
and the remov.l of downed limbs, cutting of small diruneter trees (under 6
inches) as well as clearing and general maintenance . Such cutting and removal
shall occur at least two (2) times each year at such intervals and times as is
determined in Less .. •s sole reasonable discretion . This maintenance provis ion
shall not exclude the Lessee from complia~ce with any provision of the
Englewood Municipal Code, Federal or State Statutes and Regulations .
s. !/!s.
During the term of this Lease, the property shall be used only for its current use
in conjunction with the Lessor's landscap ing business and shall remain open,
unimproved property. No storage use shall be made on th~ property except as
incidental to the operation of the existing business as no:.oo above . During the
term of this Lease and any extemions thereof, Lesaee shall make no changes in
the paved area or permanent structwes currently located on the property .
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Aelrel!tlltr•
The parties apee that this Leue and any 1111d all ri&hta sranted under those
docurnenta shall not be transferable or usipable by Le,_ at any time .
Notwith1tandln1 the above, upon Le.-'s death or medically cenifiable
incapacitation, all ofhi1 title 1111d interen in this Leue may be undertaken by his
heirs and/or personal representatives . Such transfer shall not be considered an
assignment. Lessor may freely usign this Lease to the City of Englewood .
Cogdidop •I Iermi ■adog of LtlK-
The panies agree that at the conclusion of Lessee's use of the Propeny at the end
of the term or any extension thereof, Lessee shall leave the Propeny in the same
condition as at the beginning of the Lease; provided, however, that the Lessee
shall remove the staintd soili from the site which are referenced in that Phase I
Environmental Assessment dated February S, 2007 by CTL Thompson as Project
No . DN42.SS7-200 and remed iate any other environmental conditions caused by
the Lessee, Lessee shall lc1ve the propeny in the same condition regarding toxic
hazards or environmental pd Mion as on the date of the execution of this Lease,
with the understanding that removal or change to any asphalt or rockbed, as is
currently in existence, shall be the sole responsibility of the Lessor. Lessee
agrees, at his sole expense, (i) to revegetate the Propeny to minimize erosion
using drought tolerant grasses watered until they are estahlished; (ii) to
reasonably remediate any unusual or destructive environmental conditions
caused by Lessee, his employees, agents, contrsctors, or invitees; and (iii) to
remove all personal propeny, vehicles, equipment, or other improvements placed
on the Propeny by Lessee .
Llfkllltt -Jpdem110cat1on or Lesaor.
Lessor, and its successors and assigns, shall not be liable for any loss, injury,
death, or damage to persons or propeny which at any time may be suffered or
sustained by Lessee or by any person whomsoever may at any time be using or
occupying or visiting the Propeny or be in, on, or about the same, whether such
loss, injury, death , or damage shall be caused by or in any way result from or
arise out of any act, omission , or negligence of Lessee or Lessee's employees,
agents, invitees, contractors, or other persons associated with Lessee .
Lessee shall indemnify Lessor against all claims, liability, loss or damage
whatsoever on account of any such loss, injury, death, or damage . Lessee hereby
waives all claims against Lessor of dan,ages to improvements that are now on or
hereafter placed or built on the Propeny and to the propeny of Lessee in , on, or
about the Propeny, and for injuries to persons or propcny in or about the
Propeny, from any ca use arising at any time, except those caused by the
negligence or omissions of tho Lessor, its agents, employees and contractors.
Lessee funher indemnifies Les.or against all claims, liability, loss or damage
whatsoever on account Jfany breach of this Lease by Lessee, including without
limitation any violation of Lessee's obligati ons un der Sections JO and 11 hereof.
1111mm,
~ shall maintain in effect throughout the term of this Lease personal injury
liability insurance covering the Propercy and its appunenances and propeny
damage liability insurance in an amount not less than the liability limit
established by state statutes for local governmental bodies . Snch insurance shall
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specifically insure Lessee against all liability assumed by it hereunder, u well as
liability imposed by law, including without limitation any liability for spilling,
releasing or disposing of hazardous substances, hazardous wute, hazardous air
pollutants or pollutants and contaminants, and shall insure both Lessor and
Lessee but shall be so endorsed u to create the same liability on the pan of the
insurer u though separate policies had been written for Lessor and Lessee.
Lessee shall maintain property damage liability insurance in the following
amounts:
Type
Worker's Compensation
Employers' Liability
Comprehensive General Liability
Including blanket contractual
Pollution Legal Liability
Automotive Liability
Bodily Injury
Limits
$ Statutory
$1 ,000,000/occurrence
$1,000,000/occurrence
$1,000,000/aggregate liability
$ I ,000,000/occurrence
$1,000,000/aggregate
SI ,000,000/person
$1 ,000,000/occurence
Lessee shall furnish to Lessor, within ten ( I 0) days following the execution of
this Agreemen4 a copy of each of the foregoing policies of insnrance or a
certificate of insurance showing the amounts of coverage set forth above . Lessee
shall give at least thirty (30) days' notice to Lessor prior to cancellation,
expiration or modification of any of the above-referenced insurance coverage .
Environmental.
Lessee shall not use, store, manufacture, spill, release or dispose of, or in any
manner bring upon the Property, any hazardous or toxic substances, hazardous
constituents, pollutants or petroleum (including crude oil or any fraction
thereof), including hazardous or toxic substances, hazardous waste , hazardous
air pollutants, or pollutants and contaminants as such terms are defined in the
Comprehensive Environmental Response, Compensation and Liability Act ( 42
U.S.C. § 9601 , el seq.); the Resource Conservation and Recovery Act (42 U.S.C .
§ 6901 et seq.); the Federal Water Po llution Control Act ("Clean Water Act" or
"CWA") 33 U.S.C . § 1251, et seq .; and the Clean Ai r Act ("CAA") 42 U.S.C. §
7401, et seq . Notwithstanding the forgoing , operable automobiles , trucks ,
tractors and equipment containing gasoline and motor oil in their engines and
associateJ tanks , and gasoline in containers not exceeding five gallons, may be
stored on the Property to the extent consistent with Lessee's landscaping
business .
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11. c,mall11se Will! Len
Loa-shall obtain any and all government approvals required for Lessee's
intended use and occupancy of the Property . Les-shall promptly comply with
all lawa, ordinances, rules, regulations, requirements, orders and directives of the
federal, state, or local governments and of all their departments, agencies,
bureaus and subdivisions, applicable to and affecting Lessee 's use and
occupancy of the Property . Lessee shall correct and abate all nuisances,
violations or other grievances in , upon or connected with the Property . If any
federal, state or local governmental authority, having jurisdiction over the
subject property, requires any improvements or corrective action be made to the
Property as a result of Lessee's use of the subject property, Lessee shall be solely
responsible for same .
12. !!uuJ1
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Lessee will observe and perform all conditions and agreements herein set forth
to be observed and performed . If default be made by Lessee in paymen t of said
rent, or if default in performance of other conditions and agreements be made by
Les see , and such non-monetary default shall continue for a period oflen days
after written notice of such default provided by Lessor to Lessee , then in either
case , in addition to any other remedy Lessor may have against Lessee , Lessor
may terminate Lessee's right to possession under this Lease and to re-enter and
repossess the Property and remove therefrom any personal property belonging to
Lessee , without prejudice to any claim for rent or for the breach of covenants
hereof.
Mlscellageous .
a) In the event of any dispute arising under the terms of this Lease, in the
event of nonpayment of any sums arising under this Lease, the party
prevailing in such dispute shall be entitled , in addition to other damages or
costs , to receive reasonable attorney's fees as ordered by a court.
b) Should any provision of this Lease violate any federal , state or local law or
ordinance, that provision shall be deemed amended to so comply with such
law or ordinance and shall be construed in a manner so as to comply ,
c) When used herein, the singular shall include the plural , and the use of any
gender sha . apply to both genders.
d) All notices, demands , or other writings in this Lease provided to be given
or made or sent, or which may be given o•· made or sent, by either party
hereto to the other, shall be deemed to have been fully given or made or
sent when made in writing and deposited in the United States mail,
certified, postage prepaid, and addressed as follows :
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LESSOR:
The Tl'lllt for Public Land
1410 Grant Sttect #D210
Denver, CO 80203
Attn: Hillary Merritt
Wilh a copy to :
Peter N. Ives
The Trust for Public Land
1600 Lena Street; Bldg. C
Santa Fe, NM 87S0S
LESSEE:
Ronald Koch
7126 Pineview Dr .
Littleton , CO 8012S
The address to which any notice, demand , or olher writing may be given or
made or sent to any pB!ty as above provided may be changed by written
notice given by such party as above provided .
The waiver by Lessor or the failure of Lessor to take action wilh respect to
any breach of any term, covenant, or condition herein contained, shall not
be deemed to be a waiver of such term , covenant, or condition ; subsequent
breach oflhe same; or any olher term, covenant, or condition. The
subsequent acceptance of rent hereunder by Lessor shall not be deemed to
be a waiver offailure of Lessee to pay the particular rental so accepted,
regardless of Lessor's knowledge of such preceding breach at the time of
acceptance of such rent.
This Lease shall be binding on the parties, their personal representatives ,
successors and assigns .
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I) The parties acknowledge and stipulate that Lessor contemplates and intends
to assign all of its rights, title and obligations under this Lease to the City of
Englewood , City of Littleton and South Suburban Park and Recreation
District. The parties stipulate and agree that Lessor may so assign its
interests .
g) Lessor shall have the right at any reasonabl, time upon telephone notice to
Lessee to enter upon and inspect the Prop erty t-> confinn compliance by
Lessee of the tcnns hereof. Additionally, Lessor shall have such right
without disturbing Lessee's regular business to enter the property for the
purposes of surveying the property for future use .
LESSOR: LESSEE :
THE TRUST FOR PUBLIC LAND RONALD KOCH
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EXHIBlT TO LEASE
Englewood Property Desc1·lption
Parcel B:
Parcel of land lying in Section 9, Township 5 Souil1 , Range 68 West of the 61h Principal
Meridian, County of Arapahoe, ~tate of Colorado, described as follows :
All of il1at portion of real property in sai d Sectinn 9 lyin g Southeasterly of the Easterly line of
il1e Platte River Rechannelization as rhown on the Platte River Channel Improvement Map
by the U.S. Army Corp of Engineers , Drawing No . PCC1-4~E-4.l, dated January, 1969 , to
the centerline cf the South Platte River as existing in October, 1985, the bow1dary is more
particularly described as follows :
Beginning at the Southwest comer of said Section 9;
Thence No1ih 00'17'22" East along the West line of Section 9, a distance of 1103 .85 fe et to a
point in the center of the South Platter River as exis ting in October, 1985, said point being
the True Point of Beginning;
Thence North 00°17'32" East along the West line of Section 9, a distance of 60 .00 feet to the
Easterly line of ti)e Platte River Rechannelization as shown on the above mentioned Army ·
Corp of Engineers drawing; .
Thence along a curve to the left, said curve having a central angle of 19°06'21 ", a radius of
1604.40 feet, an arc length of 535.00 feet, a chord length of 532.35 feet, and a Ghord bearing
North 35°35 '56" East to a point in the center of the South Platte River as existing in October,
198_5;
Thence fo llowing th e centerline of the South Platte River as existing in Or.tober, 1985, the
following thr ee courses and dis tances :
a South 07 °58'14" East, a distance of374.49 feet;
b. Thence along a curve to the right, said curve having a cen tral angle of 114°15 '00", a
radius of 159.34 feet, an arc length of 309.75 feet, a chord length of 260 .75 feet , and a
chord bearing South 49°10'50" West;
c. Thence North 73'40 'i4" West, a ~islan~e -of 171.82 feet to the T1ue Point uf
Beginning .
County of Arapahoe, State of Colorado .
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COUNCIL COMMUNICATION
Date:
August 6, 2007
Initiated By:
I A1enda Item:
11 a l
Community Development Department
I Subject:
Purchase Agreement for Platte Ri ve r Oxbow
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Staff Source:
Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• On July 21 , 2003 , Council approved the South Platte River Open Space Plan as an element
of Roadmap Englewood : 2003 Englewood Comprehensive Plan .
• On January 10, 2005 , Council approved the IGA to participate in the Arapahoe County
Open Space~ program that provides the match funding fo r the Will project.
• On Febru ary 7, 2006, Council authorized a grant application seeking $250,000 from the
Arapahoe County Open Space Program , matched with $62 ,500 of Englewood Open Space
Shareback funds to acquire the South Platte Oxbow property.
• On June 4, 2007, Council approved the IGA with Arapaho e County accepting funds to
acquire the Oxbow property.
• On May 21 , 2007, Council approved transferring $125 ,000 Open Space contingency funds
from the Mary Carter Greenway project to •' • South Platte Oxbow project .
RECOMMENDED ACTION
Staff recommends that Council approve a Bill for an Ordinance authorizing a Purchase Agreement
and Lease Back to Koch Landscaping for the South Platte River Oxbow property in Englewood and
Littleton for open space, recreation, wildlife habitat and water quality uses .
BACKGROUND AND ANALYSIS
In 2006, on Englewood 's oehalf, the Trust for Public Lands (TPL) secured an option to purchase the
Oxbow Property for open space. Englewood submitted a grant application to Arapahoe County in
2006 seeking funds to purchase the property . The Arapahoe County Open Space and Trails Board
(OSTB) selected the Oxbow grant application for funding and the Arapahoe County Commissic>ners
concurred . Englewood requested the maximum grant amount of $2S0,OOO and pledged match
funding of the minimum $62,500. There was also an agreement with the City of Littleton that they
would cost share in acquisition costs over $312,500. Fair market valua based on an independent
appraiser hired by WL was agreed to be the basis for a selling pric ,,.
In 2007, TPL and Englewood worked with property owner Koen to select an MAI appraiser to
determine the property value. The appraisal determined the value of the Oxbow Property to be
$675,000 due to recent sales of land adjacent to the Oxbow to Lowe's Home Improvement Store
• and other recent sales of land including land purchased for the Sheridan Unban Renewal Project.
Mr. Koch has agreed to accept the value determination In the 2007 appraisal. Other terms of the •
agreement Include the City leasing the property back to Mr. Koch for up to five years for use In his
landscaping business . The lease would renew annually for a nominal am ou nt but would not be
transferable except upon his death, In which case Koch Landscaping could continue to operate on
the property under the terms of th~ agreement
Use of the Property
The 2003 South Platte Rive r Plan Identified a series of goals and objectives including en;;anclng
opportunities to enjoy open space and protect the natural environment by providing lands ior
recreation, wildlife habitat and water quallty. The Oxbow property contains protected wetlands,
floodplain, and frontage on the Colorado Water Conseivation Board property that contains the
South Platte Ri ver. The Oxbow property has the potential for be ing a !railhead for a future trail
along the east side of the river because there is safe vehicle access to and from the property at the
signalized intersection of West Belleview Avenue and South Zuni Street.
Because the current occupant of the property wo uld remain on the property for up to five years,
there is no immediate plan to deve lop the property for public use . During Mr. Koch's lea.ahold, the
City could continue to seek conseivation easements on adjacent properties that wou ld provide links
to the Big Dry Creek trail north of the Oxbow. Englewood may seek funding for trai 1s and
enhancements through the COCO Legacy Grant or other eligible sources .
The purchase of the Oxbow Property will count toward Englewood 's match for a Great Outdoors
Colorado (COCO) Legacy Grant. The Concept Paper for the Legacy Grant was draft ed by the Trust
for Public Lands (TPL) and submirted on behalf of the South Platte Working Group (SPWG) in •
March 2007 . COCO invited the South Platte Working Group to subm it a full grant application in
August 2007 for a funding decision at the end of the calendar year. SPWG is requesting a $7 million
COCO Legacy Grant to assist with an estimated $20 million of open space and trail enhancements
and purchases along the South Platte in Arapahoe Coun ty.
FINANCIAL IMPACT
The cost of purchasing the Sou th Platte River Oxbow pr operty is $730,000. This includes the land,
surveys, appraisals, and real estate seivices provi ded by the Trust for Public Lands . The IGA
between Englewood and Arapahoe County provide, Englewood match funding of $62,S00 for
Arapahoe County grant funding of $250,000. In addition , Englewood has allocated $125,000 of
Open Space Shareback funds to the project. The City of Littleton committed $109,500 for the
purchase and South Suburban Parks and Recreation District contributed $47,000 for the purchase.
Arapahoe County Open Space made an additional funding commitment of $136,000
ATTACHMENTS
Bill for an Ordinance
Purchase Agreement
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