HomeMy WebLinkAbout2003 Ordinance No. 056•
•
•
ORD!NANCE NO.~
SERIES OF l 003
BY AUTHORJTY
10 b vi
CONTRACT NO, /O<f-.1co"3
COUNCIL BILL NO . 57
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN ROCKY MOUNTAIN
MOB , LLC AND Tiffi CITY OF ENGLEWOOD, COLORADO, FOR THE LEASE OF
CERTAIN PROPERTY IN THE CITY 'S RJGHT-OF-WAY FOR THE FORMER GIRARD
AVE.
WHEREAS, th< CityCenter Master Plan, prepared in 1999, included extending the
Englewood Parkway between S. Elati St. and Cherokee St. and constructing a roundabout at the
Cherokee/Parkway intersection ; and
WlffiREAS, th e existi ng portion of W. Girard between Elati St. and tlie new roundabout
is no longer required for street purposes and the geometry does not all ow for efficient use of the
property; and
WHEREAS, the former City Hall property was transferred to EEFI, which was
s·ibsequently sold to Development Solutions , LLC for a proposed construction of a medical
01 lce/surgcry center; and
WHEI<.:' I\S, Development Solutions as signed the project to Rocky Mountain MOB , LLC
for construction, acd Rocky Mountain MOB, LLC has requested that the Girard Ave. right-of-
way be leased to then to provide additional parking in coordination with the owners of the retail
property to the north (KIMCO); and
WHEREAS , Rocky Mr,untain MOB , LLC w1 1l liear all the costs associated with the
co nstruction of the parking Jot and also fo r .he maintenance of the improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY
OF ENGLEWOOD, COLORADO, THAT :
Section I. City Council of the City of Englewood, Colorado , hereby approves the Girard
Ave . Lea se between the City of Englewood and Rocky Mountain MOB , LLC , a copy of which
lea se is attached hereto as Exhibit A.
Section 2. The Mayor and City Clerk are hereby authorized to si gn and attest said Lease
on behalf of th e Ci ty of Englewood, Colorado .
Introduced , read in full , and pa ssed on first reading on the 4•h day of August, 2003 .
Published as a Bi ll for an Ordinance on ,hes• day of Au gust , 2003 .
Read by title and passe d on fin al reading on the Is• day of August, 2003 .
Published by title as Ordinance No.~ Serie., of 2003, on the 22"" day of August,
!, Loucrisbia A. Ellis, City Clerk for the City of En
the foregoing is a true copy of the Ordinance passed on r --• --" '
Ordinance No.~ Series of 2003.
Jul 3 1 03 10:05a
•
•
•
Development Solutions Grp (3031893 -0251
LAND LEASE
between
CITY OF ENGLEWOOD, COLORADO ,
as Landlord,
and
ROCKY MOUNTAIN MOB , LLC,
as Tenant
EX lUDIT A
•
•
LANDLEASE
TiiJS LAND LEASE (''Lease'') is cntmd into and is made effective as of
_______ _, 2003 (the "Lease Date"}, by and between the CITY OF ENGLEWOOD,
COLORADO, a Colorado municipal corporation whose address is I 000 Englewood Parkway,
Englewood, Colorado 80110 (hereinafter referred to as "Landlord"), and ROCKY MOUNTAJN
MOB , LLC, a Colorado limited liability compmy whose address is c/o Development Solutions
Group, LLC, 1055 Auraria Parkway, Suite 300, Denver, Colorado 80204 (hereinafter referred to
as "Tenant'').
1. Lease; Leued Land. '" consideration of the payment of the rent and the
performance of the covenants a,,~ mcnts by Tenant as set forth herein, Landlord hereby
leases to Tcnmit, and Tenant le ...s u om Landlord, for the Term (as defined below), at the rental
and upon the conditions contained in this Lease, approximately twenty-four thousand three
hundred eighty-one (24,381) square feet ofland located immediately to the north of and
contiguous to Lot I, Block 2, City Hall Subdivision, County of Arapahoe, State of Colorado, as
more particularly dcscnl>cd and depicted on~ attached hereto and by this reference
incorporated herein (the ''Leased Land''). The purpose of this Lease is to enable Tenant to use
and occupy the Leased Land as additional parking and vehicle circulation area for the medical
office building and related site improvements that Tenant intends to construct on Lot !, Block l,
City Hall Subdivision, County of Arapahoe, State of l~lorado, and Lot I, Block 2, City Hall
Subdivision, County of Arapahoe, State of Colorado (the "Medical Office Building"), as more
particularly described in paragraph 4 below. Notwithstanding the fact that the Leased Land
formerly was in use as a public right-of-way, Tenant shall have the exclusive right (subject to
other provisions of this Lease) to use the Leased Land for the PIIIJ>Ol"S described herein.
2. Term. The tctm of this Lease, hereinafter called the "Term", shall be fifty-five
(55) years, commencing on September I, 2003, and expiring, unless sooner terminated as set J{
forth herein, on September I, 2058 . Notwithstanding the foregoing, from and after the Lease
Date until September!, 2003, Tenant shall have the right to enter upon and use the Leased Land
for the purpose of constructing improvements as dcscnl>ed in pmagraph 4(a) below, without
payment of rent, provided that such enby and use shall be subject to all of the provisions of this
Lease regarding use and occupancy.
3. Rent. The rent payable for the entire Term shall be $550.00, which consists of
ten dollars ($10.00) for each year of the Term . The rent for the entire Term shall be payable on
or prior to September I, 2003, at the offices of Landlord at the address set forth above. In the
event such rent is not paid within ten ( 10) days after the date the payment is due, a late charge in
the amount offive percent (5%) of the payment will be paid by Tenant.
4. Use and Occupancy.
(a) Tenant shall have the right to use and occupy the Leased Land for the
developmcn~ c'lnstruction, operati on and maintenance of surface parking facilities and related
2
site improvements, including but not limited to surface parking lots, curb and gutter, lighting,
landscaping islands, landscaping, and irrigation systema ( collectively, the "Parking
Improvcments'1, For that purpose, Tenant shall have the right to construct the Parking
Improvements on the Leased Land substantially in accordance with the development plan
allached bereto as Exh.lbit B (the "Plan") without any further consent or approval from Landlord
( other than any consent or approval normally and customarily requimi from Landlord in its
capacity as a local government with jurisdiction over the Leased Land and the Parking
lmprovements;;j,rovided that Tenant shall obtain existing utility location information from the
appropriate source in connection with any such construction and shall coordinate the installation
of landscaping with the location of existwg utility facilities: lfTenant, prior to or during
construction of the Parking Improvements, desires to make any material changes to the Plan,
Tenant tint shall obtain the written consent from Landlord for that change, and Landlord shall
not unreasonably withhold or delay its consent The construction, operation and maintenance of
Parking Improvements shall be at no expense to Landlord.
(b) Tenant shall br.,e the right to alter or modify the Parking Improvements in
any manner after the initial construction is complete without any tilrther consent from Landlord
provided that any such altention or modification is not material . Any material alteration of the
Puking Improvements shall require the prior written consent of Landlord, which shall not be
unreasonably withheld or delayed.
(c) AU Parking Improvements shall be the property of Tenant during the Term
p .4
•
for all plDJIOses, including depreciation. At the end of the Term, owncnhip of all Parking •
[mprovemcots shall transfer lo Landlord.
(d) This Lease shall be subject to an 'access easement reserved by Landlord
over the portion of the Leased Land described on Exhibit C attached hereto (the "Access
Easement Portion of the Leased Land'1 for purposes of ingress and egress for vehicles and
pedestrians between the land located immediately to the north of and contiguous to the Leased
Land, on which a "Phar-Mor" JCtail facility is localed as of the Lease Date (the "Kimco Site"),
and Englewood Parlcway. In addition, Tenant shall have the right to grant lo the owner of the
Kimco Site the right for vehicles and pedestrians to travel over all chives located on the Leased
Land for purposes of vehicle circulation serving the Kimco Site. The Plan contemplates and
allows for such ingress and egress and vehicle circulation, and no change shall be made to the
Plan (or to the Parking Improvements, after construction thcteof is complete) that would
eliminate or substantially impair that ingress and egress or vehicle circulation .
(e) Tenant, at no expense to Landlord, shall keep the Parking Improvements,
and at the expiration of this Lease shall surrender the Leased Land, in as good a condition as
existed upon completion of construction of the Parking Improvements, loss by fire , accident and
ordinary wear and tear excepted. Also , Tenant shall keep all sidewalks on or around the Leased
Land free and clear ofice and soow . Finally, Tenant shall keep the Leased Land free from all
litter, dirt, debris and obstructions, and in a clean and sanitary condition as required by the
ordinances of the City of Englewood. •
•
•
•
p.5
(f) Tenant shall use the Leased Land for no purposes prohib i:ed by the laws of
the United States or the State of Colorado, or the ordinances of the City of Englewood, and shall
neither permit nor suffer any disorderly conduc~ noise or nuisance having a tendency to annoy or
disturb any persons occupying adjacent land.
(g) As of the Lease Date, utility lines and facilities owned and/or operated by
Landlord or other public utility are located in the ground on the Leased Land. Notwithstanding
the creation of this Lease, Landlord or other public utility shall have the right to continue to use
the Leased Land during the Term for utility purposes (including drainage), provided that all new
utility lines and facilities arc 10<.ated underground (exr.cpt control and transmission boxes, which
may be located above ground as long as they do not interfere with parking or circulation
activities occurring on the Leased Land pursuant to the Plan or to my other plan approved by
Landlord and their location bas been approved by Tenant in its reasonable discretion or is as
provided by any existing utility easeroen1. :reoan1 shall have the right to relocate any existing
control and transmission boxes at no expense to Landlord or other public utility as long as prior
to the relocation, Tenant obtains the consent of Landlord or other public utility to the proposed
relocation, which consent shall not be unreasonably withheld or delayed, in order to construct the
Parking Improvements in accordance with the Plap J· During construction oftbe Parkiog
Improvements, Tenant shall not damage or impair any of the existing utility lines or facilities,
and if any such damage or impainneot occur.i, Tenant shall repair or reston, the l:n~ or facilities
at no expense to Landlord or other public utility . Also, after completion of construction of the
Parking Improvements, Tenant shall pay all costs and expenses of repairing or restoring the
Parking Improvements after any installation or maintenance of utilities by Landlord or ot'1er
public utility that damages or affects in any manner the Parkiog Improvements0 At least ten ( 10)
days prior to the commencement of any installation or maintenance work affecting the utility
lines and facilities owned and/or operated by Landlord, Landlord shall give notice to Tenant
stating that such work will be occurring and providing a summary description of and schedule for
that work, except for emergencies .
(b) During the sixty (60) day period immediately preceding the expiration of
the Term, Landlord shall have the right to place a "For Rent" sign upon the Leased Land .
S. Sublettine and AsslgumeoL Tenant shall not sublet any part of the Leased Land,
or assign this Lease or any interest herein, without the prior written consent of Landlord, which
consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing sentence,
Tenant shall have the right to sublet any part of the Leased Land an1/or to as,igo this Lease or
any interest herein without any further consei:t by Lancllord as p31'1 of and/or in connection with
any sal~ c, financing of the Medical Office Buii.!ing.
6. Limitation on Liability. Tenant shall not hold or attempt to hold Landlord liable
for any injury or damage, either proximate or remote, occurring through or caused by any repairs,
alterations , injury or accident to the Leased Land, or any adjacent land, or by reason of the
ne gligence or fault of any person ot!.or than Landlord, or to hold Landlord liable for any inj ury or
4
damage occasioned by defective elcctrkal wiring. or the breakage or stoppage of plumbing or
sewerage upon the Leas 1 Land or any adjacent land, whether the break.age or stoppage results
from freezing or otherwise, provided that Landlord shall be liable for any damage suffered by
Tenant as a result of Landlord 's negligence.
7. Entry ID tile Leued Land. Tenant shall allow Landlord lo enter upon the
Leased Land at any reasonable time.
8. No Waiver. No assent, express or implied, to any breach of any one or more of
the agreements in this Lease shall be deemed or taken to be a waiver ot .my succeeding or other
breach .
9. Holdover. If, after the expiration of this Lease, Tenant shall remain in possession
of the Leased Land and continue to pay rent with~ut a writt en agreement as to such possession,
then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payab le in
advance, equivalent to 1/12 of the rent paid by Tenant wider thi s Lease for the last year of the
Term , and subject to all the terms and condit ions of this Lease.
10, Default and Remedies. If Tenant (a) defaults in the payment of any installment
•
of rent or any other sum when due and as provided herein, or (b) defaults in the performance of;
or breaches, any other covenant, condition or restriction of this Lease herein provided to be kept
or pcrfonncd by Tenant, and if such default or breach continues uncured for a period of thirty
(30} business days from and after service upon Tenant of written notice thereof by Landlord (or if •
the cure requires more than thirty (30) business days and Tenant bas not begun to cure such
default or breach within a thirty (30) business day period after the notice deso-noed above or
thereafter completed the cure within a reasonable time period), then Landlord, at Landlord's
option, may give another written notice to Tenant stating that Landlord intends to terminate this
Lease. If such defa ult or breach continues uncured for a period of seven (7) business days from
and after service upon Tenant of that second written notice (or if the cure requires more than
seven (7) business days and Tenant bas not begun to cure such default or breach within that
seven (7) business day period or thereafter completed the cure within a reasonable time period),
then Landlord, at Landlord's option , may tenninate this Lease and retake possession of the
Leased Land by gi ving Tenant written notice to that effect and thereupon, the rights of Tenant in
and to the Leased Land and all improvemcots thereon shall cease . Landlord shall be entitled to
recover from Ten ant all damages by re ason of Tenant 's default, in cluding but not limited to the
co st to recover ,md repossess the Leased Land, the expenses of reletting, necessary alteration
expenses , commissions and any unpaid rent.
ll . Mortgagee Provisions .
(a) Landlord acknowl edges that Tenant intends to obtain financin g to pay for
construction of the Medical Office Building and the Parking Improvem ents ("Financing") and to
grant to the lender fo r such financing ("Mortgagee'') one or more deeds of trust and/or mortgages
encumbering the leas eho ld interest of Tenant under this Luse (''Leasehold Mortgage'') as
•
•
•
security for the repayment of the Financing. The making of any Leasehold Mortgage by Tenant
is hereby approved by Landlord and shall not be dr.emed to constitute an assignment or transfer
of the Lease or of the leasehold estate hereby created, nor shall any Mortgagee be deemed to be
an assignee or transferee of the Lease or of the leasehold estate hereby created so as to require
such Mortgagee lo assume the performance of any of the terms, covenants or conditions on the
part of Tenant to be perfoaned hereunder, but the purehaser at any sale of the Lease and of the
leasehold estate hereby created in any proceedings for the foreclosure of any Leasehold Mortgage
shall be deemed to be an assignee or transferee within the meaning of this Lease, and shall be
deemed to have agreed to perform all of the term.1, covenants and conditions on the part of
Tenant lo be performed hereunder from and after the date of such purchase and assignment, but
only for so long as such purchaser or assignee is the owner of the leasehold estate.
(b) Upon providing Ter.ant with any notice of: (i) a default under this Lease,
or (ii) a proposed termination of this Least', or (iii) a matter on which Landlord may predicate or
claim a default, Landlord at die same till".~ shall provide a copy of such notice to any Mortgagee
the name and address of which has been fur.1ished to Landlord . No such notice by Landlord lo
Tenant shall be deemed to have been duly given unless and ·until a copy thereof bas been so
prov ided to Mortgagee. From and after (1) any such notice bas been given to Mortgagee and (2)
any period for Tenant to cure the default identified in that notice bas expired without the cure
having been completed, Mortgagee shall have thirty (30) additional business day, lo remedy,
commence remedying or cause lo be remedied the defaults or acts or omissions that are the
subject matter of such notice. Landlord shall accept such performance by or at the instigation of
Mortgagee as if the same had been done by Tenant. Tenant authorizes Mortgagee to take any
such action at Mortgagee's option and docs hereby authorize entry upon the Leased Land by
Mortgagee for such purpose. Nothing in this Lease, however, shall be deemed to obligate
Mortgagee lo take any action lo cure any defaul t under this Lease by Tenant, either as a condition
to the exercise by Mortgagee of its righ ts und er th e loan documentation with Tenant or otherwi se.
(c) If Tenant shall, on on e or more occasions, create a Leasehold Mortgage,
and if Landlord is provided with notice of such Leasehold Mortgage together with the name and
address of Mortgagee, then following receipt of such notice by Landlord, the provisions of this
paragraph l l shall apply in respect to each such Leasehold Mortgage . In the event of any
assignment of 1 Leasehold Mortgage ,,r in the event of a change of address of a Leasehold
Mortgagee or of its a·::z ignec , notice of the new name and address shall be provided to Landlo :d;
provided , however, II.at the sccuritization of the Leasehold Mortgage without an ass ignm,-,1 cf
th e Leasehold Mortgage being recorded in the official records of Arapahoe County, Colorado
shall not require any such notice. Landlord shall, promptly upon receipt of any such notice,
ackno\"ledge by an instrument in recordable form =~-ipt of such notice .
(d) No provision ,: of tb i, Lease shall give to any person whatsoever the right
to mongage, hypothccate or otherwise encumber c,r cause any liens to be placed against the fee
estate of Landl ord in the Leased La ·.d, oJr shall soid pro visio ns be construed as resulting in a
su bordinati on in whole or in part oith<' fee estate of Landlord lo any indebtedness of Tenant.
6
(e) Tenant's share of any proceeds arising from a talcing of the Parking
Improvements in eminent domain shall be disposed of as provided for by any Leasehold
Mortgage.
(f) As of the date of this Lease, the following entity is a Mortgagee and its
name and address for purposes of notices under paragraphs 11 (b) and ( c) above is as follows :
Compass Ba1.1k
8 l 00 East Ar1paho e Road
Englewood, Colorado 80112
Attention: Roger D. Larson
12. Attorneys' Fees. In the event of any dispute arising under the terms of this Lease,
or in the event of non-payment of any sums due and owing pursuant to this Lease and in the
event the matter is turned over to an attorney, the party prevailing in such dispute, if ordered by a
Court of competent jurisdiction, shall be entitled, in addition to other damages or costs , to
receive reasonable attorneys' fees from the other party.
13. Condemnation . In the event of a condemnation or other taking of the Leased
Land and/or the Parking Improvements by a government agency, all proceeds arising from or
relating to the Parking Improvements shall be paid to Tenant, and all proceeds arising from or
relating to any utility lines or facilities owned by Landlord shall be paid to Landlord.
14. CompUance With Laws. lfanyprovision of this Lease is deemed to violate any
federal, state or local law or ordinar.ce, that provision shall be deemed amended so as to comply
with such law or ordinance, and shall be construed in a manner so as to comply.
15. Successors and AJsigns. This Lease shall be binding upon the parties , their
successors and assigns.
16. Miscellaneous . When used herein, the singular shall include the plural, and the
use of any gender shall apply to both genders.
17. Governing Law. Th is Lease shall be governed by and construed under the laws
of the Stat e of Colorado.
J 8. Recording. Landlord and Tenant agree that Tenant, at no expense to Landlord,
shall place this Leas e ofrecord in the office of the Clerk and Recorder of Arapahoe County,
Colorado, and Tenant shall provide the recording information to Landlord after that informatio~
is avai li,ble. Upou the expiration of the Term or any sooner termin ati on of this Lease, and upon
request of Landlord, Tenant agrees to execute, acknowledge and deliver to Landlord a proper
instrument in writing releasing and disclaiming all right, title and interest ofTen ant in and tr, U:e
Leased Land and all improvements thereon.
7
•
,
•
•
•
19. Captions and Headln~s. The captions and headings throughout this Lease are
for convenience and reference only and the words contained herein shall in no way be held or
deemed to define, limit, descnoe, explain, modify, amplify or add to the interpretation of any
provision ofor the scope or intent of this Lease nor in any way affect this Lease.
20. Modification. This Lease cannot be changed orally, but only by agreement in
writi ng, signed by the party against whom enforcement of the change, modification or discharge
is sought or by her/his duly authorized agent. Furthermore, at any time that a Mortgagee exists,
no amendment to this Lease shall be effectiv e until the written approval of that Mortgagee has
been obtained .
21. Partial lnvalidlly. Should any provision of this Lease be held by a court of
competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of
this Lease shall remain in full force and effect unimpaired by the holding.
22. Sole and Only Agreement. This instrument constitutes the sole and only
agreement between Landlord and Tenant respecting the Leased Land, the leasing of the Leased
Land to Tenant, and the lease term herein specified, and correctly sets forth the obligations of
Landlord and Tenant to ••ch other as of the Lease Date . Any agreements or representations
respecting the Leased Land or its leasing by Landlord to Tenant not expressly set forth in this
instrument are null and void.
23. Estoppel Certificates. Landlord and Tenant agree, at any time and from time to
time on or before ten (10) business days after written request by the other party, to execute,
acknowledge and deliver to the requesting party an estoppel cCTtificate certifying (a) that this
Lease is unmodified and in full force snd effect (or if there have been modifications, that it is in
full force and effect as modified , and stating the modifications), (b) that, to the best knowledge of
the party providing the certificate, there have been no defaults by the other party (or, if there have
been defaults, descnoing the defawt), (c) the date to which rent and other charges have been paid
and (d) such other matters as may be reasonably requested by the requesting party . It is intended
that any such statement delivered pursuant to this paragraph may be relied upon by any
prospective purchaser of all or any portio n of the requesting party 's interest, or by any mortgagee
or prospective mortgagee .
24. Quiet Enjoyment. Subject to the provisions of this Lease , all applicable laws and
any mortgage, easement, covenant, reservation or other encumbrance on the Leased Land,
Landlord shall warrant and defend Tenant in the qu iet enjoyment and possession of the Leased
Land during the Term against any pe rso n claiming under Landlord, so long as Tenant complies
with its obligations to pay rent and performs al l of its oth er obligations under this Lease.
25. Notices . All notices, rents, and other sums payable by one party to the other and
all demands and requests from one party to the other shall be given as follows :
ueve1op ■•n~ ~01u~1on• urp
To Landlord at:
I 000 Englewood Parkway
Englewood, Colorado 80110
To Tenant at:
1055 Auraria Parkway, Suite 300
Denver, Colorado 80204
Phone -303-893-0250
Fax -303-893-025 I
or at such other place u either party may, from time to time, designate in writing. Service of my
notice or demand~ or permitted to be made hereunder shall be sufficient if delivered to
Landlord or to Tenmt personally, or if transmitted by facsimile, overnight courier service, or
certified or~ United States mail, with postage prepaid, to Landlord or Tenant at the
above address or elsewhere u Landlord or Temnt may from time to time designate in writing.
Regardless of the method of delivery or transmission, the dale of actual re::eipt of such 110tice or
demand by the intended recipient shall be deemed to be the date on which such notice or demand
WUJPV""-
9
•
•
.,
.,
This Lease bas been executed by the panics as of the Lease Date .
LANDLORD :
CITY OF ENGLEWOOD, COLORADO
By._;:--;--:-;~;-;---;:-;----
Bevcrly J. Bradshaw, Mayor
TENANT:
ROCKY MOUNTAIN MOB, LLC
By. Dcvelopr,,<:nt Solutions, Group, LLC
Its Manager
By: Its: ___ _
Attest:
Loucrishia A. Ellis , City Clerk
10
EXHIBIT A
LEGAL DESCRIPTION/DEPICTION OF THE LEASED LAND
LEGAL DESCRIPTION OF THE LEASED LAND :
AP ARCEL OF LAND LOCA TEO IN THE SOUTHWEST QUARTER (SW ¼) OF SECTION
34, TOWNSHIP 4 SOUTII, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY
OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF THE SE ¼, SW ¼, SW ¼ OF SAID
SECTION 34; THENCE N 77°30' SI " E 272.09 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT BEING ON THE SOUTII SIDE OF WEST GIRARD A VENUE
AS DEFINED BY THE GIRARD PLACE SUBDIVISION (RECEPTION NO . 2776667);
THENCE ALONG THE SAID soum LINE OF WEST GIRARD A VENUE N 89°50 '22" W
S34.06 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT
HA YING A RADIUS OF 17S.00 FEET, A CENTRAL ANGLE OF 38°46 '3T', A LENGTII OF
118.44 FEET AND A CHORD BEARING N 70°00 '07'' E 116 .19 FEET TO A POINT ON TIIB
SOUTII LINE OF THE VACATION LINE FOR WEST GIRARD A VENUE (RECEPTION
•
NO . 2939714); THE NCE S 89°S0'22" E 92 .S3 FEET ALONG THE SAID SOUTH LINE ; •
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HA YING A RADIUS OF I 81.50
FEET, A CENTRAL ANGLE OF 14°42' 14", A LE NGTII OF 46.S8 FEET AND A CHORD
BEARING N 82°48'3 l" E 46 .4S FEET TO A POINT OF REVERSE CURVATURE ; TifENCE
ALONG THE ARC OF A REVERSE CURVE HA YING A RADIUS OF 2 IS.SO FEET, A
CENTRAL ANGLE OF 7°59 ' 12", A LE NGTH OF 30.46 FEET AND A CHORD BEARING
N 79°27'00" E 30.43 FEET TO A POINT ON TIIE NORTII LINE OF WEST GIRARD
A VENUE AS DEFINED BY THE GIRARD PLACE SUBDMSION (RECEPTION NO .
27-,6667); rnENCE S 89°50'22" E 302 .87 FEET ALONG THE NORTH LINE OF SAID
W. 1T GIRARD A VENUE ; THENCE ALONG TIIE ARC OF ANON-TANGENT CUR VE TO
TIIE RIGHT HA YING A RADnJS OF 20 .00 FEET, A CENTRAL ANGLE OF 61 °30 '10", A
LENGTII OF 21.47 FEET AND A CHORD BEARINGS 34 °24'33" W 20.45 FEET; THEN CE
S 65°09 '36" W 20.00 FEET; THENCE ALONG THE ARC OF A CURVE TO rnE LEFT
HA YING A RADIUS OF 29.00 FEET, A CENTRAL ANGLE OF 65°00'00", A LENGTH OF
32 .90 FEET AND A CHORD BEARINGS 32°39'3 8" W 31.16 FEET TO TIIE TRUE POINT
OF BEGINNING .
Pa ge I of2
11 •
• DEPICTION OF THE LEASED LAND :
.,
Page 2 of2
12 •
IE
R£CE'fl0Nf A701Mt7
Pl-AR MOIi
PAj;KINC LOT
CU,Jl\C SC,IJ.I
T?JFl ~:LJ ki .U ;: cu,.,
k R SURVEY ING 2831 S. REED ST. DENVER, COL~AOO e0227 (720) 939-5965
•
•
•
• EXBIBITB
DEVELOPMENT PLAN FORTH! PA;UQNG IMPROVEMENTS
13 •
•
PROPOSED
MEDICAL
BUILOCHGi
• •
0 c.,
c.,
0 c.,
ID co c.,
I
0
N
UI
M
•
•
•
EXHIBITC
LEGAL DESCRIPTION OF
THE ACCESS EASEMENT PORTION OF THE LEASED LAND
AP ARCEL OF LAND 28 FEET IN WIDTH LOCATED IN THE SOUTHWEST ~?ARTER
(SW ¼) OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6
PRINCIPAL MERIDIAN, Cl1Y OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOUOWS :
BEGINNING AT A POINT ON THE SOUTH LINE OF WEST GIRARD A VENUE FROM
WHICH THE POINT OF BEGINNING FOR THE LEASED LAND DESCRIBED IN EXHIBIT
A ABOVE BEARS S 89°50'22" I! 266 .28 FEET ; THENCE N 89°50'22" W 28 .00 FEET
ALONG THE SAID SOUTH LINE TO A POINf ON THE WEST LINE OF SAID ACCESS
EASEMENT; THENCE N 00°09'38" E 44.10 FEET ALONG THE SAID WEST LINE TO A
POINT ON THE SOUTH LINE O:< VACATION LINE FOR WEST GIRARD A VENUE
(RECEPTION NO. 2939714); THENCE ALONG THE SAID SOUTH LINE ALONG THE
ARC OF A NON-TANGENT CURVE TOTHELEFl'HAVING A RADnJS OF 181.SO FEET,
A CENTRAL ANGLE OF 2°33 '47", A LENGTH OF 8.12 FEET, AND A CHORD BEARJNG
N 76°44'18"E 8.12 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG
THE ARC OF A REVERSE CURVE HA YING A RADIUS OF 218.50 FEET, A CENTRAL
ANGLE OF 5°23'30", A LENGTH OF 20.56 FEET AND A CHORD BEARING
N 78°09 '09" E 20 .55 FEET TO THE EAST LINE OF THE SAID ACCESS EASEMENT;
THENCE ALONG THE SAID EAST LINE S 00°09'38" W 50 .26 FEET TO THE POINT OF
BEGINNING .
Page I of I
14
•
•
COUN CI L COMMUNI CATION
Date:
August 4, 2003
'
Age nda Item : 'Subj ect : l eas e Gira rd Ave. to Roc ky
IO a ii Moun tain MOB, LLC
Initiated By :
Public Works Department
'
Staff So urce :
Rick Kahm, Capital Projecl s Director
COUNCI L GO AL AND PREV IOUS COUNCI L ACTI ON
Council approve d Ordinance No. 5 1, Se ries 200 1 au thorizing th e transfe r of th e fo rm er City H all
property to the Englewood En vironmental Foundation, Inc. (E EFI).
Cou ncil approved Ordinance No. 3, Series 2002/2003 authorizing the tran sfe r of the pro perty
known as Parcel 2 to th e EEFI to enable th e devel op ment of th e former City H all si te.
Council approve d Ordinance No. 4, Series 2002 /2003 dedicating th e alignment of the Eng lewood
Park way between S. Elati St. and S. Cherokee St.
PECOMME ND ED ACTION
Staff recommends that City Coun ci l adop t an o rdinan ce approving a lease of a portion of W . Gira rd
Ave. to Rocky M ountain MOB, LLC.
BACKGROU ND, AN ALYSIS, AND ALTERN ATI VES IDEN TI FIED
The CityCenter Master Pla n, prepared in early 19 99, including ex te ndi ng the Eng lewood Parkway
between S. Ela ti St. and Cheroke e St. and const ru cting a ro undabout at the Chero kee/Parkway
inters ec ti on. The exis ting po rtion of W . Girard, between Elati St. and the new ro undabo ut, is no
lo nge r required fo r st ree t purposes and the geometry does not allow for effic ien t use of th e
property.
To fac ilitate th e redeve lopm ent of th e fo rm er Ci ty Hall property, City Council transferr ed th e Old
City H all r roperty to EEFI. The property was subseq uently so ld to D eve lopment So lutions, LLC who
pr oposed lo cons truct a med ica l office/surgery cen ter. D evelop 'n ent So luti ons ha s ass ign ed th e
proj ec t l o Rocky Mountain MOB, LLC.
Rocky Mountain MOB, LLC has requested th at the Girard Ave. right-of.way be leased lo them lo
provide additi ona l pa rking in co ordin ati on with th e ow ners of the retail property to the north
(Ki mco). All of th e costs associa ted w ith th e construc ti on of the parking lot wi ll be borne by Rocky
Mount ain MOB, LLC. The y are also res ponsibl e for th e maintenan ce of th e improvements.
The Ci ty will reserve a Utili ty/Drainage ease ment m er the entire leased parce l. Th e lease
agr eemen t requir es th at access an d circu lati on fo r th e Kimc 0 '1 roperty be maintai ned.
FI NANC IAL IMPACT
None
• LIST OF ATTAC HMEN TS
Le ase