HomeMy WebLinkAbout2006 Ordinance No. 018•
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ORDINANCE NO ./.K_
SERIES OF 2006
COJ,,"l'RACJ: NQ, 'f.7-..J.oofc.
BY AUTHO RITY
COUNCIL BILL NO . 21
INTROD UC ED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVE RNMENTAL AG REEMENT
EN TITLED AGREEMENT REGARDING PR OPE RTY ACQUISITION AND
CONST RUCTION OF A MAINTENANCE TRAIL , BIG DRY CREEK . CITY OF
ENGLEWOOD, BETW EEN THE CI TY OF ENG LEWOO D. COLORA DO AND THE
URB AN DR AINAG E AND FLOOD CONT RO L DI ST RI CT.
WHEREAS. the Eng lewood Ci ty Counci l aut hor ized th e City to appl y fo r Fe de ra l funds
under the Transportation Equ it y Ac t for the 21" Cen tu ry (TEA-2 1) by the passage of
Re so luti on No . 43 , Series of 2002: and
WHEREAS. the Englewood Ci ty Co un cil ap prove d an Intergovern menta l Agreement wi th
the Co lorado Department Of Transportation (COOT) rega rding funding the construction of
thi s proj ec t by th e pa ssage of Ordinance No. 60 , Series of 2003 : an d
WHEREAS, the Englew ood Ci ty Cou ncil approve d Resoluti on No . 88 . Se rie s of 2003
acce pting a 99-year Lice nse Ag reement for the trail from So uth Slope Co nd omi nium
Association: and
WHEREAS , the Englew ood Ci ty Co un cil ap prove d by Moti on to award a Co nstru cti on
Co ntract fo r Pha se I Trail Impro ve men ts on March I. 2004 : and
WHEREAS, the pas sage of thi s Ordinance aut hori zes the Int ergovernme nt al "Ag ree ment
Regarding Prope rt y Acquisitio n and Co nstruct ion Of A Maintenance Trail . Big Dry Creek,
City of Engl ewood" between th e Ur ban Drainage and Flood Co ntrol District and the Ci ty of
Englewood . Co lorad o defini ng respon si bilitie s and finan cia l com mit ments rel ated to the
ac quisition of easements and co nstruct io n of the Big Dry Creek Trai l betwee n Lchow Avenue
and Broadway:
NO W, TH EREFO RE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGL EWOOD , COLO RADO. AS FOLLOWS :
~I. The lnlergovcrnmcntal Agreement between the Cit y of Englewood, Co lorado
and the Urban Drainage and Flood Control Di stri ct that defines re sponsibilitie s and finar 'al
commitments related to the acquisition of easements and construction of the Big Dry Cree k
Trail between Lehow Avenue and Bro adw ay. attac hed as "Attachment I", is hereby ace.opted
and approved by the Englewood City Council.
~-The Mayor is authorized to execute and the City Clerk to attest and seal the
Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the Sth day of June, 2006 .
Published as a Bill for an Ordinance on the 9th day of June, 2006.
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Read by title and passed on final reading on the 19th day of June, 2006 .
Published by title as Ordinance No . Ii_, Series of 2006 , on the 23rd day of June, 2006.
I, Loucri shia A. Ellis, City Clerk of the City of Englewood, Co lorado, hereby certify that
the above and foregoing is t,gue copy of the Ordinance pass on final read ing and published
by title as Ordinance No. /.!I-• Series of 2006 .
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AGREEMENT REGARDING
PROPERTY ACQUJSmON AND CONSTRUCTION
OF A MAINTEt :ANCE TRAIL , BIG DRY CREEK, CITY OF ENGLEWOOD
Agreement No . 05-12 .0 I
THIS AGREEMENT, made this _____ day of _______ ~ 2006, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT (hereinafter called "DISTRICT")
and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES";
WITNESSETH:
WHEREAS, DISTRICT, in a policy statement previously adopted, (Resolution No . 14, Series of
I 970 and Resolution No. 11, Series of 1973) expressed an intent to ass ist public bodies which have
heretofore enacted floodplain reg ulation measures ; and
WHEREAS, PARTIES participated in a joint planning study titled "Major Drainagcway Master
Plan -Big Dry Creek" by VTN, dated March, 1975 (hereinafter called "PLAN"); and
WHEREAS , PARTIES now desire to proceed with property acquisition and construction of a
maintenance trail fro Big Dry Creek (hereinafter called "PROJECT"); and
WHEREAS, DISTRICT has adopted at a public hearing a Five -Year Capital Improvement
Program (Resolution No. 81 , Series of 2005) for drainage and flood control facilities in which PROJECT
was included in the 2006 calendar yea r; and
WHEREAS , DISTRJCT has heretofore adopted a Special Revenue Fund Budget for calendar year
2006 subsequent to public hearing (Resolution No . 67, Serie s of 2005) which includes funds for
PROJECT ; and
WHEREAS, DISTRICT's Board of Directors ha s authorized DISTRICT financial participation for
PROJECT (Resolution No . 92, Series of 2005); and
WHEREAS, th e City Council of CITY and the Board of Directors of DISTRICT have authorized,
by appropriation or resolution, all of PROJECT costs of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein , PARTIES hereto
agree as follows :
I. SCOPE OF AGREEMENT
This Agreement defines the re sponsibilities and financial commitments of PARTIES with respect
to PROJECT.
2. SCOPE OF PROJECT
A. Property Acquisitjon . PROJECT shall include the property acquisition in accordance with
the recommendations defined in PLAN . Specifically the property acquisition shall extend
from Lchow Avenue to Broadway Avenue .
B. Constructjon . PROJECT shall include construction by CITY of the maintenance trail
• improvements as set forth in the final design prepared by CITY in conjunction with South
Suburban Park Foundation .
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3. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of panicular benefit
to the inhabitants of DISTRICT and the property therein .
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. F ARTIES agree that for the purposes of this Agreement PROJECT co sts shall consist of and
be limited to the following:
I. Property acqui sitio;i;
2. Construction of improvements .
B. It is understood that PROJECT costs as defined above arc not to exceed $200,0 00 without
amendment to this Agreement.
PROJECT costs for the various clements of the cffon arc estimated as follows:
!TIM
I. Property Acquisition
2. Construction
Grand Total
AMQUNT
$ 50,000
150,000
$200,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various clements of the cffon without amendment to th is Agreement provided the total
expenditures do not exceed the max imum contribut io n by all PARTIES plus accrued
interest.
5. ALLOCATION OF COSTS AND FINANCIAL COMMITMEITTS OF PARTIES
PARTIES shall each contribute the following percentage s and ma ximum amounts for elcmr.nt s of
PROJECT as defined in Paragraphs 2 and 4 of th is Agreement:
Pt'rcentage Maximum
Sha[~ Conl!:ibyti2n
DISTRICT -SRF 25% S 50 ,000
DISTRICT -Pre servation 25% 50 ,000
CITY ...J.lli J.QMQ.Q
TOTAL 100% $200,000
In accordance with Resolution No. 11, Series of 1973 and Resolution No . 49 , Series of 1977, the
cost sharing shall be after subtracting state, federal, or other sources of funding , excluding any
contribution f: om DISTRJCT. However, monie< CITY may receive from the payment in lieu of
taxes for Federal funds, Federal Revenue Sharing Program, Federal Community Development
Program, Impact Assistance Funds or such similar discretionary programs as approved by
DISTRICTs Board may be considered as and •~plied toward CITY's share of PROJECT costs .
DISTRICT, upon presentation ofa billing by CITY for work accomplished, shall remit within 30
days 50% of that portion of the billing attributed to right-of-way , trail and bridge improvements to
CITY up to a·maximum amount ofSI00,000 plus interest accumulated on DISTRICTS share of
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funds . DISTRICT participation sha ll be limited to the improvements associated with maintenance
access to Big Dry Creek .
OWNERSHIP OF PROPERTY AND LIMITATION OF USE
CITY shall own the property either in fee or non-revocable easement and shall be responsible for
same . It is specifically understood that the right-of-way is be ing used for drain age and 0ood
control purposes . The properties upon which PROJECT is constructed shaU not be used for any
purpose that shall diminish or preclude its use for drai nage and 0ood control purposes . CITY may
not dispo se of or change the use of the propertie s ·.vithuut approval of DISTRICT. If, in the future,
CITY disposes of any portion of or all of the pro pe·ties acquired upon which PROJECT is
constructed pursuant to this Agreement; ch,.nges the use of any portion or all of the properties
upon which PROJECT is constructed pursu ant t, · is Agreement; or modifie s any of the
improvements located on any portion of the pre nc r:ies upon which PROJECT is constructed
pursuant to this Agreement; and CITY h .. , not obtained the written approval of DISTRICT prior to
such action, CITY shall take any and all action nec essa ry to re verse said unauthorized activity and
return the properties and improvements thereon, acquired and constructed purs usnt to this
Agreement, to the ownership and condition they were in i1M1cdi atel y prior l<' the unauthorized
activity at CITY's sol e expense . In the event CITY breaches the te: .n, :,od ~.-od sions of this
Paragraph 6 and doe s not voluntarily cure as sci forth above , DIS ' 'R l•.:1 sha 1i !,uve the right to
pursue a claim against CITY for specific performance of this portio~ oi the Agreement.
PAR rrns shall, prior lo the recording by CITY of any document transferring title or another
interest to property acquired pursuant to this Agreement to CITY, execute a memorandum of this
Ai:reement (Exhibit 8), specifica ll y a verbatim tran script of Paragraph 6. OWNERSHIP OF
PROPERTY AND LIMITATION OF USE except for this sub-pare graph whic h sha ll not be
contained in the memorandum . l he memorandum shall referencr, by legal de scription the property
being acquired by CITY and shall be recorded in th e records of the Cieri< a.i d Recorder of
Arapahoe County immediately following the recording of the document transferring title or
another interest to CITY.
7. MANAGEMENT OF CONSTRUCTION
A. ~-Construction costs shaU consist of tho se costs as incurred by the lowest acceptable
bidder(s) including detour costs, licenses and permits , utility relocations, and construction
related engineering services as defi ned in Paragraph 4 of this Agreement.
B. Construction Management and Pavment
I. CITY, with assistance and approval of DISTRICT, shall advertise for construct'on
bids; conduct a bid opening; prepare construction contract documents; and a..,ard
construction contract(s) .
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CITY shall require the contractor lo provide adequate liability insurance that incl udes
DISTRICT . The contractor shall be re quired to indemnify DISTRICT . Cop ies of the
insurance coverage s!,all be provided lo DISTRICT.
3. CITY shall coordinate field surveying; staking; inspection ; testing; acquisition of
right-of-way; and engineerin~ as required to con,truct PROJECT. CITY, with
assistance of DISTRICT, shall assure that construction is perfonned in accordance
w; • the construction contract documents includ ing approved plans and specifications
a. d shall accurately record the quantities and costs relative thereto . Copies of all
inspection reports shall be furnished to DISTRICT rn a weekly basis . CITY shall
retain an engineer to perform all or a part , f these duties.
4. CITY, with approval of DISTRICT , shat ! ·ontract with and provide the services of
the design engineer for basic cnginecr b ; .:an s.ruction services to include addendum
preparation; survey control points; cx,t lanatory ~1.ctchcs ; revisions rf contract plans ;
shop drawing review ; as-built plans ; we ekly insp :,e tion of work; and final inspection
5. PARTIES shall have access to the site cun , g r.o:JStruction at all times to observe the
progress of work and conformance to construction contract documents including
plans and specifications .
6. DISTRICT shall review and approve contractor billings anc end them to CITY for
approval. DISTRICT shall remit payment to contractor based on billings approved by
PARTIES .
7. DISTRICT, with assistance and written concurrence by DISTRJCT, shall prepare and
issue all written change or work orders to the contract documents.
9. PARTIES shall jointly conduct a fi nal inspection and acce;,t or reject the completed
PROJECT in accordance wi 1h 1hc er ,t ract documents .
I 0. CITY shall provide DISTRJ CT a sci of mylnr reproducible "as-built" plans.
C. Construction Change Ord er~. In the event that it becomes necessary and aa\•isable to
change the ,~ope or detail of the work to be perforrr,.:~ under the contract(s), such changes
shall be rejected or approved in writing by the contracting officers . No change orders shall
be approved that incre ese the costs beyond the funds available in the PROJECT fund,
including interest earned on those funds , unless and until the additional funds "eeded to pay
for the added costs aro committed by all PA (TIES.
8. MAINTENANCE
PARTIES agree that CITY shall own and be responsible for maintenance of the completed and
accepted PROJECT. PARTIES further agree that DIS lRICT, at CITY's request, shall assist CITY
with the maintenance of all facilities constructed or modified by virtue of this Agreement to the
extent possible depending on availability of DISTRICT funds . Such maintenance assistance shall
be limited to drainage and flood control features of PROJECT. Mlintenance assislance may
include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free
of debris and sediment, repairin g drainage and flood control structures such as drop structures and
energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the
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maintenance assistance shall be set forth in a memorandum of understand ing from DISTRJCT to
CITY, upon acceptance ofDISTRICTs annual Maintenance Work Program .
DISTRICT shall have right-of-access to right-of-way and storm drainage improveme:its at all times
for observation of flood control facility conditions and for maintenance when fund s are available.
9. FLOODPLAIN REGULATION
CITY agrees to regulate and control the floodplain of Big Dry Creek within CITY in the manner
prescribed by the National Flood Insurance Program and prescribed regulations thereto as a
minimum .
PARTIES understand and agree , however, that CITY cannot obligate itself by contract to exercise
its police powers . If CITY fails to regulate the floodplain ofBig D, y Creek within CITY in the
manner prescribed by the National Flood Insuran ce Program and prescribed regulations thereto as
a minimum, DISTRICT may exercise its power lo do so and CITY shall cooperate fully .
10. TERM OF AGREEMENT
The term of this Agreement shall commence upon final execution by all PARTIES and shall
terminate two years after the final payment is made to the construction contractor and the final
accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5
herein, except for Paragraph 9. FLOODPLAIN REGULATION, Paragraph 6. OWNERSHIP OF
PROPERTY AND Llfyi)TATION OF USE. and Paragraph 8. MAINTENANCE, which shall run in
peipetuit/ .
11. LIABILITY
Each party hereto shall be responsible for any suits , demand s, costs or actions al law resulting
from its own acts or omissions and may insure against such po ss ibilities as appropriate .
12 . CONTRACTING OFFICERS AND NOTICES
A. The contracting officer for CITY shall be the City Mayor, 1000 Englewood Parkway ,
Englewood, Colorado 80 I I 0.
B. The contracting officer for DISTRJCT shall be the Executive Director, 2480 West 26th
Avenue , Suite 156B, Denver , Colorado 802 1 I.
C. Any notices, demands or other communications required or permitted to be give u by any
provision of this Agreement shall be given in writing, delivered p,,sonally or sent by
registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the
addresses set forth above or al such other address as either party may hereafter or from time
to time designate by written notice to the other party given when personally deli vered or
mailed, and shall be considered received in the earlier of either the day on which such notice
is actually received by the party to whom it is addressed or the third day after such notice is
mailed .
• D. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all
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PROJECT-related issues between PARTIES, shall attend all prob'Tess meetings, and shall be
responsible for providing all available PROJECT-related file infonnation to the engineer •
upon request by D!STRJCT or CITY . Said representatives shall have !he authority for all
approvals, authorizations , noti ces or concurrences required under this Agreement or any
amendments or addenda to this Agreement.
13 . AMENDMEl::fil
This Agreement eont•:ns all oflhe lenns agreed upon by and among PARTIES . Any amendments
or modifications lo this Agreement sha ll be in writing and executed by PARTIES hereto lo be
va lid and binding .
14 . SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of eompetenl jurisdiction or by operation of any applicable law, such invalid or
unenforceable clause or provision shall not affect the va lidi ty of the Agreement as a whole and all
other clauses or provisions shall be given full force and effect.
15 . APPLICABLE LAWS
This Agreement shall be governed by and construed in accordan ce with the la ws of the Stale of
Co lorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in
District Court in and for the Coun ty of Denver, State of Colorado .
16 . ASSIGNAB!LIIY
No party lo this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consen t of th e nonass ign ing party or parties to this Agreement.
17. BINDING EFFECT
The provisions of this Ab'Teemenl shall bind and shall inure lo the benefit of PARTIES hereto and
to their respective successors and permitted assib'llS .
18 . ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity ,
by decree of specific perfonnance or damages, or such other legal or equitable relief as may be
avai lable subject to the provisions of the laws of the Stale of Colorado .
19 . TERMINATION OF AGREEMENT
This Agreement may be lenninated upon thirty (30) day's written notice by any of PARTIES, but
on ly if there are no contingent , outstanding con tracts . Iflhere are contingent, outstanding
con tra cts, this Agreement may only be terminated upon mutual agreement of all PARTIES and
only upon the cancellation of all conlingenl, outstanding contracts . All costs associated wi th !he
ca ncellation of the contingent contracts shall be shared between PARTIES in the same ralio(s) as
were their contributions and subject 10 the maxi mum amount of each party's contribution as set
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20 . PUBLIC RELATIONS
It shall be at CITY's sole discretion to initiate and to carry out any public relations program to
infonn the residents in PROJECT area as to the purpose of PROJECT and what impact it may
have on them . Technical and final design recommendations shall be presented to the public by the
selected design engineer. In any event DISTRICT shall ha ve no responsibility for a public
relatio ns program , but shall assist CITY as needed and appropriate .
21. NO DISCRIMINATION IN EMPLOYMENT
In connection with the perfonnance of work under this Agreement , PARTIES agree not to refuse
to hire, discharge, promote or demote, or to discriminate in matters of compensation against an
person otherwise qualified because of race, color, ancestry, creed, religion, national origin , gender,
age, military status , sex ual orientation, mari tal status, or physical or ment al disability an d "urth er
agree to insert the foregoing provision in all subcontracts hereun der .
22. APPROPRIATIONS
Notwithstanding any other tenn, condition, or provision herein , each and every ob ligation of CITY
and/or DISTRJCT stated in this Agreement is subjec t to the requ irement of a prior appropriation of
funds therefore by the appropriate governing body of CITY and/or DISTRJCT.
23. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the tenns and condition s of this
Agreement, and all rights of ac tion relating to suc h enforcement, shall be strictly r"servrd to
PARTIES , and nothing contai ned in this Agreement shall give or allow any such cl aim ~r right of
ac tion by any other or third person on suc h Agreement. It is the express inter noll 'r, , T!ES
that any person or party othe r than any one of PARTIES receiving services or ben efits under thi s
Agreement shall be deemed to be an incidenta l beneficiary only.
WHEREFORE , PARTIES hereto have cau sed this instrument to be executed by properly
authorized signatories as of the date and year first above written .
(SEAL)
ATTEST:
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRJCT
By ____________ _
Title Executive Director
Date. ____________ _
(SEAL)
ATTEST:
APPROVED AS TO FORM :
City Attorney
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CITY OF ENGLEWOOD
By ___________ _ • Title __________ _
Date. ___________ _
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AGREEMENT REGARDING
PROPERTY ACQUISffiON AND CONSTRUCTION
OF A MAINTENANCE TRAU.., BIG DRY CREEK, CITY OF ENGLEWOOD
Agreement No . 05-12 .01
Exhibit A
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SAMPLE
AGREEMENT REGARDING
PROPERTY ACQUISITION AND CONSTRUCTION
OF A MAINTENANCE TRAIL, BIG DRY CREEK, CITY OF ENGLEWOOD
Agreement No. 0S-12 .01
Exhibit B
MEMORANDUM
This MEMORANDUM is entered into this ____ day of ______ , 20_ by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi-governmental entity ,
whose address is 2480 West 26th Avenue , Suite 156-B, Denver, Colorado 802 I 1 (h erci~af\cr called
'T !STRICT") and ____________ , a governmental entity, whose address is
_____________ (hereinafter called "CITY") and collectively known as
"P ARTIES ";
WHEREAS, PARTIES entered into "Agreement Regarding Design and Construction of Drainage
and Flood Control lmprovcmcnts for _____________ ,," Agreement No.
_______ on or about , 20_, (hereinafter called "AGREEMENT"); and
WHEREAS, AGREEMENT is unrecorded, however PARTIES have agreed in AGREEMENT to
record this MEMORANDUM in the records of the Clerk ,nd Recorder of ________ _
State of Colorado, in order to put all who inquire on notice of AGREEMENT and in panicular Paragraph
6.C of AGREEMENT; and
WHEREAS , in AGREEMENT, PARTIES agreed to participate equally (up to a maximum of
$ _____ each) in the cost of the construction of drainage and flood control improvements for
______________ within CITY boundaries which include
__________________________ (hereinafter called
"PROJECT"); and
WHEREAS, construction of PROJECT may require the acquisition by CITY of real property ; and
WHEREAS , AGREEMENT further provides that CITY will own all real property required to
construct the improvements and that CITY ownership of that real property shall be subject to the tem,s
and conditions of AGREEMENT and in particular Paragraph 8 of AGREEMENT; and
WHEREAS, Paragraph 6of AGREEMENT provides in appropriate part as follows :
"7 . OWNERSHIP OF PROPERTY AND LIMITATION OF USE
CITY shall own the property ;ther in fee or non-revocable easement and shall be
responsible for same . It is specifically understood that the right-of-way ·is being used for
drainage and flood control purposes . The properties upon which PROJECT is constructed
shall not be used for any purpose that shall diminish or preclude its use for drainage and
flood control purposes. CITY may not dispo se of or c!1ange the use of the properties
without approval ofDISTRJCT . If, in the future, CITY disposes of any portion of or ail of
the properties acquired upo·.1 which PROJECT is constructed pursuant to this Ag, "•m ent;
changes the use of any r.ortion or ali of the properties upon which PROJECT is con~ll ucted
pursuant to this A!lleement; or modifies any of ti , imp rovements located on ar.y por 11,n of
the properties ~pon which PROJECT is constructed pursuant to this Agreement ; an · CITY
has not obtained the wrintn •rproval of iJ ISTRJCT prior lo such action, CITY shall lllc
any and all action necessary lo reverse sai d unauthorized activity and return the prope. !>r.S
and improvements thereon , acquired and constructed pursuant lo this Agreement, to the
ownership and condition they were in immediately prior lo the unauthorize d activity at
CITY 's sole expense. In the event CITY breaches the terms and provisions of thi s Podgraph
6 and does not voluntarily cure as set forth above , DISTRICT shall have the right to . srsue
• claim against CITY for specific performance of this portion of the Agreement."; and
WHEREAS, CITY has just acquired the real prooerty de sc ribed in Exhibit Z attached hereto and
incorporated herein by reference, as if set forth verbatim herein , pursuant lo the tenns and cond illo11 s of
AGREEMENT for the construction of PROJECT ; and
WHEREAS, PARTIES intend that the terms and provisions of AGREEMENT , including but not
limited lo Paragraph 6 of AGREEMENT se t forth verba tim above, shall apply lo and control the real
property des cri bed in Exhibit z.
NOW THEREFORE IT IS AGREED by and between PARTIES that th e tenns and provisions of
AGREEMENT, including but not limited to Paragraph 6 of AGREEMENT set forth verbati m above snail
apply lo and eontrol lh e real property de scribed in Exhibit Z, now owned by CITY .
This MEMORANDUM is nol a complete summary of AGREEMENT. Provisions in this
MEMORANDUM shall nol be used in interpreting AGREEMENT's provi sion . In the event of co nflict
between this MEMORANDUM and the unrecorded AGREEMENT, the unrecorded AGREEMENT shall
control.
WHEREFORE , PARTIES have caused this MEMORANDUM lo be executed by properly
authorized signatures as of the date and year above written .
(SEAL)
ATTEST :
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ___________ _
Title Executive Director
Date. ____________ _
CITY OF _______ _
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(SEAL)
ATTEST:
Clerk and Recorder,
APPROVED AS TO FORM:
Attorney for the ________ _
By ____________ _
Assistant Attorney
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER)
Subscribed and swam to before me this
By ___________ _
Title ___________ _
Date ___________ _
RECOMMENDED AND APPROVED :
REGISTERED AND COUNTERSIGNED :
By ___________ _
_____ da y of _____ , 20 _, by
Da vid W. Llo yd, Executive Director of Urban Drainage and Flood Control Di strict.
WITNESS my hand and official seal.
(3EAL)
No tary Public
My Commission Ex pires ____________ _
STA TE OF COLORADO
) ss .
COUNTY OF _____ _
Subscribed and swam to before me this ______ day of ______ , 20_, by
WITNESS my hand and official seal.
(SEAL)
Notary Public
My Commission Expires ____________ _
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COUNCIL COMMUNICATION
Dale : Agenda Item: Subjed:
lune 5, 2006 9 a ii Intergovernmental Agreement with Urban Drainage
and Flood Control District for Big D ry Creek Trail
Initiated By: I Slaff Source :
Department of Publ ic Works Rick Kahrn, Direc or
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approve d Resolution No. 43 , Series 2002, authorizing the City to app ly for Federal
funds under the Transportation Equi ty Act for the 21" Century i TEA-21).
• Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental
Agreement (IGAI w ith COOT regarding fun"ing the construction of th e pro ject.
• Council app roved Resoluti on No. 88, Se.de s 2003 accepting a 99-yea r license ag reem ent for
the trail from South Sl ope Condominil'm Associa tion.
• Council approve d a moti on to award a construction contra ct fo r Ph ase I Trail Imp rove ments
on March 1, 2004 .
RECOMMENDED ACTION
Staff recommend s Council approval of a Bill for an Ordinance to enter into an agreement with th e
Urban Drainage and Flo od Control Distric t IUDFCD). This agreement defin es responsibiliti es and
financial commitments related 10 the acq uisition of easements and construction of th e Big Dry
Cree k Trail between Leh ow Ave nu e and Broadway.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The UDFCD continues to support our efforts l o complete a trail system along Big Dry Creek .
Properly designed and constructed tr ail systems allow UDFCD access for the mainter,ance of the
creek. Th ey have participated financially i n past phases of th e project and, in cooperation with
Sou th Suburban Parks Foundation ISS PFI and the City o f Lillleton, we ha ve completed the trai l
system from the Plau e River to Lehow Ave nue. Presently, UDFCD does not ha ve access to Big Dry
Creek between Lehow and Br oadway.
This agree ment offers S 100,000 toward right-o f-way easemen t acquisi tion an d cons truction of this
segment of the trail. Th e SSPF has attempted to negotiate easement acquisitions from two property
owners; h owever, th e n egotiations appear stalled at thi: 'lle. The use of thes e UDFCD funds is
dt pendent upon the successful acquisition of th e requir, , easements .
FINANCIAL IMPACT
The majority of the funds Irr the Big Dry Creek Trail are held by the SSPF . The ir funding comes
from a variety of sources, including contributions from Englewo od, Littleton , priv ate donors, and
grants from Arapahoe County . Englewood serves as the proj ec t sponsor to bring In other funding
sources that the SSPF is not eligible lo rece ive (federal fund s and UDFCD funds).
All of the matching funds for the project wlll be paid for by the SSPF.
Estimat ed costs associated with trail construction through the two properties are detailed below:
Lehrer Property easement acquisition
Me ister Property easement acqu isition
Other costs associated with acquisitions (legal, surve y, negotiations)
Trail construction
Design and Construction Administration
Total
$ 20,000
50,000
20,000
300,000
-1lQ.QQQ
$470,000
Fundin g sou rces are : $100,000 fr om ·f)FCD (per this agreement) and $3 70,000 from the SSPF .
LIST OF ATTACHMENTS
Bill for an Ordinan ce
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