HomeMy WebLinkAbout2002 Ordinance No. 001•
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ORD! AN CE NO . 1__
ER IES OF 200 1/2 00 2
BY AUTHOR ITY
COU NC IL BILL NO . 83
INTRODU CE D BY COUNC IL
MEMBER WOLOSY:-1
AN OR DI NANCE AUTHOR IZI NG AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "AGREEMENT REGARDI NG DESIG N OF DRAI NAGE AN D FLOOD
ONTROL IMPROVEME NTS FOR LITTLE DRY CREEK AT THE CITY DITCH "
BETWEE N THE URBA N DRAJNAGE AN D FLOOD CON TROL DISTRI CT AND
THE CITY OF ENGLEWOOD AN D THE CITY OF CHERRY HIL LS VILLA GE.
WHER • AS , the City Di tc h si phon in the 37 00 block of South Clarkso n Stree t
mu s t be repaired because e rosion is ca using se ttling be nea th th e pipe: an d
WHEREA S, th e propose d s pillway would allow Little Dry Cre ek water to flow
ove r thi s pip ed a rea of th e City Ditch and prote ct the pip e that goe s beneath Little
Dry Cree k ; a nd
WliEREAS . Urba n Dra inage and Fl ood Cont rol Di strict will be co ntributing 50 %
of e nginee ring and co nstru ction costs for this proj ect because Englewood's si phon
s tru cture is within their flood plain jurisdiction; and
WH EREA S, to maintain flow s in that fl oodplain a proper prr>tection stru ctur e
mu s t be co ns tru cted a one-hundred foot (100') section : and
WH EREAS , th e Engl ewood \Veter and Sewer Boa rd reco mm end ed app rova l of th e
Lmle Dr y 'ree k sipho n by phone vote on Dece mber 6, 200 1;
, OW. TH EREFO RE . BE IT OR DAINED BY THE CITY COUNC IL OF THE CITY
F ENG LEWO OD, CO LORADO . AS FOLLOWS :
~-Th e Ci ty Co un cil of the Ci ty of Englewood , Colorado here by authori zes
t.b:: : :,tcqJo,·e rnm ental Agreement ent it led "Agree ment Regarding Design of Drain age
Anti Flood ~nt rol Im pro ve ments FJr Little Dry Cr ee k At City Di tch .. betwee n the
l rbnn Dn unn gc und F'l00d Co:urol Di s tri ct and th e City of Eng lewood. a copy of
whi ch is mnrk ed ns "Ex hibit A'' and attached here to .
~-Th e Ma yo r and the Ci ty Cle rk a•e hereby authori zed to sign a nd a ttest
said Interg overnm ental Agree ment on behalf of the City of Englewood. -........
Introdu ce d, ren d in full , a nd passe d on fir st rea ding on th e 17 th day of Dece mb er,
20l'I.
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Published as a Bill for an Ordina nce on the 21" day of December, 2001.
Ren d by title and passed on final reading on the 7th day of January, 2002.
Published by title os Ordinance No .}_, Series of 2002, on the 11th day of
January , 2002.
I, Loucrishio A. Ellis, City Clerk of the City of Englewood, Co lorado, hereby ce rtify
that the above ond foregoing is a true copy pf the Ordin ance passed on final reading
"" '""'"' >, ee,., o•fo•~ No . .L ~ £Z,
Loucrishia A. Ellis
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AGREE~T REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS
FOR LITTLE DRY CREEK AT CITY DITCH
Agreement No .01-11.10
TIIIS AGREEMENT, made this _____ day of _______ __,20_. by and
between URBAN DRAINAGE AND FLOOD CONTROL DTSTRlCT (herelll&fter called "DISTRICT"),
CITY OF ENGLEWOOD (h•reinamr called "ENGLEWOOD ") and CITY OF CHERRY HILLS
VTLLAGE (hereinafter called "CHERRY HILLS") and co!lccliveJy known,., "PARTIES ";
WITNESSETH :
WHEREAS, DISTRlCT, in a policy statement previously adopted (Resolution No . 14, Series of
1970 and Resolution No . l I, Serios of 1973) expressed an intent to assist public bodies which have
heretofore enocted floodplain regulation measures ; an rl
WHEREAS , PARTIES, Douglas County, and City of ~enwooJ Village panicir,ated in a join:
plannin; study titled "Major Drainagcway Plannini;. Little Dry Creek by McCall-Ellingsn n &: Merrill,
lnc ., dated February, 1974 (hereinafter called "PLAN"); and
WHEREAS, PARTIES now desire to proceed with design :u,d consauction of draiDagc and r:ood
control improvements for Little Dry Creek at City Ditch (hereinalter called "PROJECT'); and
• WHEREAS , DISTRICT bas adopted at a public hearing a l'ivc-Y car Capital Improvement
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Program (Resolution :-l'o . 77, Series of 2000) for drainage and flood control facilities in which design of
PROJECT was included in the 2002 calendar yea r; and
WHERE .~S. DTSTRlCT has heretofore adopted a Special Revenue Fund Budget for calet:::ar year
2002 subsequent to public hearing (Resolut ion No . 78, Series of ZOO I) which includes funds for design
of PROJECT ; and
WHEREAS, DISTRICTs Board of Directors has authorized DISTRlCT financial participation for
desiJ!ll of PROJECT (Resolution No ._. Series of2001 ); and
WHEREAS, the City Council of ENGLEWOOD , the City Council of CHERRY HILLS and the
Board of Directors ofDISTRlCT have authorizeu , by appropriati~n or resolution, all of PROJECT costs
of the respe ctive PARTIES .
NOW, TIIEREFORE, in consideration of the murual promise., contained herein, PARTIES hereto
agree as follows :
I. SCOPE OF AGREEMDff
This Agreement defines the responsibiliti es and financial commilJ!lents of PARTIES 1>itl, =!)Oct
to PROJECT .
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2. SCOPE OF PROJECT
Final Design . PROJECT shall include the final duign of improvements in accordance with the
recommendations defined in PLAN . Specifically, the liDal design of facilities shall exle1ld ftom
approxir • ..ely Station 96+o0 ro 99+00, u shown on Exhibit A.
3. PUBLIC NECESSITY
PARTIES agree chat the work performed pumiant to this Agr,,emcnt is necessary forth• health ,
safety, comfort, convenience, and welfare of all tho people of the State, and is of particular benefit
lo the inhabitants ofDISTIUCT and the property therein.
4. PROJECT CQSTS AND ALLOCATION OF COSTS
5.
A. PARTIES agree that for the purposes of this Agreement PROJECT costs mt.II consist of and
bo limited to d:.o following :
1. Final design services;
2. Contingencies murually agrteable to PARTIES.
B. It is understood that PROJECT costs as defined above arc r.ct to exceed $20,000_ without
amendment to this Agiumeot.
PROJECT costs for the various clements of the effort are estimated as follows:
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l. Fin•l Design :St 6,000
2. Cootinacncy
Grand Total
4,000
S20,000
This breakdown of costs is for estimating pwposes only . Clsts may vary between the
various elements oftbe effort without amendment to this AFment provided the tow
expenditures do not exceed the maximum contribution by ill PARTIES plus accrued
interest.
C. Based on total PROJECT costs, the maximum percent and dollar coottt'bution by each party
shall be:
Percentage Maximum
lihMS: Cmil!:ibllligo
DISTRlCT SO% 510,000
ENGLEWOOD SO% 10,000
CHERilY HILLS 0% -0-
TOTAL 100% $20,000
~t,(jEMENT OE Fll:!~CJ;S
A3 set fotth in DISTRICT policy {Rtsolution No. 11, Seri,:s of 1973 and Resolution No . 49, Series
of 1977), the cost sharing shall be after subtracting swe, federal. or other sowces of llmding from
third parties. However, monies ENGLEWOOD may receive from federal funds, the Federal
Revenue Sha.-ing Program, the Federal Community Oevelopmen : Program, or such similar
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discretionary pr ogr.anu u app roved by DISTRJCTs Board ~fDim:ton may be consid,red u IDd
applied coward ENGLEWOOD's share of improvement costs.
Piyment of each panys full sh.,, (ENGLEWOOD · S10,000 ; DISTRICT · SI0,000 ; QiERJlY
Hll.L S • S-0-) sha ll be mode to DISTRICT subst(\uent 10 or..ecurion of this Agreemenc and ,.ilhin
30 days ofrequest for paymenc by DISTRICT. Toe payments by.? ARTIES shall be he ld by
DISTRICT in a spoo ial fund 10 pay for incl'lll!lents of PROJECT u authorized by PARTlES , Uld
u defined herein . DISTRICT shall provide a periodic accc,w,ting of PROJECT funds as well u a
periodic notification to EN GLEWOOD of any unpaid obligations . Ar.y interffl oamed by lb•
monies contributod by PAR.TIES shall be accrued 10 the special fund established by DISTRICT for
PROJECT and such in!Crest shall be used only for PR.O/ECT upon approval by the contnccing
officers (PaRFPh 12).
Wllb in one yur of completion of PROJECT i! there are monios including interest cvned
reniainina which are not commiaed, obligated, or disbnr,ed, w:h party shall receivo • share of
such monie,, which sh.am shall be computed u were die orig i~ slwos.
6. ~.fill
Tot contracting officers for PARTIES , u defined under Paragraph 12 of this A8)WD!ent, shall
select an eng ineer murually agreeable to both PAR.TIES . DISTRICT shall conlnctwnh se iected
t n;ineer and shall supervise and coordinate die final d"illD illcluding right-of-way de lineation
subjecc to approval of the contnctins offi cer for ENGLEWOOD and CHERRY HILLS. Ps)ment
for fu,al design sha ll be made by DISTRICT as die wori< progresses from !he PROJECT fund
established as set forth above.
Final design serv ices shall cons ist o~ but not be lim ited to, ch,• following :
A. Prep aration of& work plan schedule identifying the tim·'.ng ofm,jor elements in the design;
B. Preparation of detailed constroction dnwings and ipo ·:ifications ;
C. Preparation of an estimate of probable construction costs of!be work covered by the plans
and specifications ;
D. Prq,ar.1tion of an appropriate construction schedule .
DISTRICT shall provide any written work prodllct by !he euginea-10 ENGLEWOOD and
CHERRY HILLS.
7. QWNERSHIP OF PROP ERTY Ai'ID LIMITATION OF USE
ENGLEWOOD and/or CHERRY HILLS ,hall own the property either in fee or non-revocable
cuoment ond sh.U be responsib le for same . It is spee ifl cnlly understo od that the ri,-bt-of-way is
~-ing used for dnlnagc and flood control pu,pcses . The properties up on v,l,ich PROi"ECT is
constructed shal l not be used for ony purpose that shall diminish or pn:clude iu use :"ir ,lr.WlljO
,.,d flood control purposes . ENGLEWOOD or CHERRY HILLS may not dispose ., . · ;" the
11:10 of die properties without approv al ofDISTRJCT. If, :nth• fut-.m , ENGLEWOOD or
CHERRY HILLS di5J>Oses ohny portion of or all of the properties acquiRd upon which
PH)JECT is constructed punuant 10 this Agreement; chanse, :be use of any portion or all of the
\d.a.\apaanm-..01 111 0
properties upon which PROJECT is constructed pursU.1111 to this Agreement; or modifies my of the
improvements located on any portion of the properties upon wnich PROJECT is consm:=d •
pursuant to this Agreement; and ENGLEWOOD or CHERRY HILLS has not obtained c:,e ""T"itteo
approval of DISTRICT prior to such action, ENGLEWOOD or CHERRY HILLS shall~ any
and all action necessary to reverse said unautho rized activi ty md return the properties a::.d
improvemen ts thereon, acquired and constructed pursuant '.O this Agreement, to the owu:.hip and
condition they were in immediately prior to the unauthorized activity at ENGLEWOOD :,r
CHERRY HILLS 's sole expense . In the event ENGLEWOOD or CHERRY Hll.LS bra.:.'>cs the
temu and provisioll5 of this Paragraph 7 and does no voluntarily ewe as set forth above.
DISTRICT shall have the right to pursue a cl•.im against DIGLEWOOD or CHERRY ?.11.S for
specific perfonnance of this portion of thr. Agreement
PARTIES shal~ prior to the recording by ENGLEWOOD ,,r CHERRY HILLS of any dc,c:nnent
transferring title or another interest to property acquired p11r,U.111t to this Agreement to
ENGLEWOOD or CHERRY HILLS , execute a memorandum of this Agreement (Exhi":-.t BJ,
specifically a verbatim transcript of Paragraph 7. OWNERSHIP OF PROPERTY A.'ID
LIMITATION OF USE except for this sub-parngraph which shall not be contained in !be
memorandum . The memorandum shall reference by legal description the property being acquired
by ENGLEWOOD or CHERRY HILLS and shall be recorded in the records of the Clri and
Recorder of Arapahoe County immediately following the recording of the document tr:csferring
title or another interest to ENGLEWOOD or CHERRY HJLLS .
8. MAINTENANCE
PARTIES agree that ENGLEWOOD or CHERRY HILLS shall own and be responsib k :or
maintenance of the complete d and accepted PROJECT . PARTIES further agree that DLSTRlCT,
at fu'<GLEWOOD or CHERRY HILLS 's request, shall as!ist ENGLEWOOD or CHE.."l.-.__Y Hll.LS
with the maintenance of all facilities constructed or modified by virtue of this Agreem= to the
extent possible depending on availability of DISTRICT fwlds . Such maintenance assis:ance shall
be limited to drainage and flood control fearuno s of PROJ.::CT . Maintenance assistance :nay
indude acti vities s~ch as keeping flow areas free and clear of debris and silt, keeping ~-ertS free
of ,i ebris ·and sediment, repairing dr•inage and flood control StrUctures such as dtop s==s and
~~ergy dissipaters , and clean-up measures after periods of heavy runoff. The specific :::srurc of the
10.i,otenance assistance sh31 l ile set forth in a memorandum of understanding from DIS:1UCT to
n:o:.EWOOD or CHERRY IDLLS , upon acceptance of DISTRICT< annual Maiot=ce Work
Program .
DISTRICT shall have right-of-acc•ss to right-of-way and ;torm dtainall" improveme:::s &t all times
for observatio n of flood contro l facility cond it ions and fo r maintenance when funds L~ available .
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9. FLOODPLAJN REGUL._ TTON
COUNTY ai:rus to regulate ond ""ntrol !he floodpl1in of Little Dry Crock within D;c;LEWOOD
or CHERRY HILLS ,n t.~o manner pro,:cribed by tho National Flood Insurance Program aod
pr=:ribed regulation.i thcn:to as a minimum.
PARTIES understand and agree, bowever that ENGLEWOOD or CHERRY HIU.S cam,ot
oblisate iuelfby contract to exerci.so its police powers . If ENGLEWOOD or CHERRY HILLS
fail, to n,gulata the floodplain of little Ory Creek within ENGLEWOOD or CHERRY l:IILLS in
the manner prescribed by tho National Flood Insurance Propm aod pmcn'bed rt1Ulalion.1 thereto
as a minimum. DISTRICT may exercise its power to do so aod ENGLEWOOD or CHERRY
HILLS ,baU cooperate fully.
10. TERM OF AGREEMENT
The term or th is Aqeement shall commence upon final execution by all PAR TIES and shall
terminate two years afteT the lino! payment is made to the colUtnlction colllrll:lor 311d the fin.ii
accounting of funds on deposit at DISTRICT is provided Mall PARTIES punuant m raragraph S
bcn:in, oxce pt for Paragraph 9. FLOODPLAIN REGULA '!10N. Pan;raph 7. OW'-."ERSHCP OF
~ROPERTY AND LIMITATION OF USE and Paragraph 8. :1,!AJNTENANCE. whicb shall nm in
perperuity .
11 . LlAfill.JTY
Eacb party hereto shall be responsible for aoy ouits. demands, coru or actions · J ta,.· resulting
from its own acts or omissions and may insure aaainst such possibilitie., a., appro riar,,.
12. CONTRACTING OFFICERS Ai'IP NOTICES
A. The contracting officer for ENGLEWOOD shaU be Director of utilities, City of Englewood,
1000 Englewood Parkw,y, Englewocd, Colorodo 80 015.
B. Tbe contracting officer for CHERRY HILLS shall be
C. The cona-..:ting officer for OISTJUCT shall be the executive Oinctor, 24&0 West 26th
Avenue, Suit• 1~6B, Denver, Co lorado 8021 1.
D. AI,,y notices , demands or other commwiir:.uons ~uiNJ w permitted to be ;jveo by any
provision ofthi.s Agn:ement shill be given in writing, delivered penonally ,,. ,cnt by
«sistered mail , posta;e pn,paid and «!Uni receipt requested, addnssad to PARTIES II tt.e
ad dres ses set forth ,bove or II such other address lS either party may be.=i'ter or from limo
to time designatc hy written notice to the other party ::;,·en wben personally delivered o,
maild, and shall be considered received in the eulicr of either the day on .,,bich outb n~tice
is actually received by the party 10 whom it is addressed or the third day after such notice is
moi led.
E. The con<ncting officer, fo : PARTIES each agree to des ignate ond w ig:, • project
represcnlllti'IO to act on the behalf of sald PARTIE3 in all mmm rclued to PROJECT
undertaken pur,uanr to this Aa,ccment. Each repr•!Sentative sh&J I coonlillJ::e all
PROJECT-rel•ted issues betweea PARTIES, shall attend all progress meetings. and shall be
n:sponsible for providing all available PROJECT-related file informllion to the tnginecr
upon request by ENGLEWOOD or CHERRY FULLS . Said repres"llt:atives sb&il have the
authority for all approvals, authoriz2tions, notice., or concurrences requiml wider tbi.,
Agreement or any amendm•nts or addenda to tbi., Ai;rccment.
13 . AMENDMENTS
lnis Agreement contains all of the tmns agreed upon by and among PARmS. Any 11nendments
or modifications to this Agreement shall be in writing and i:xecutod by PARTIES hereto to be
,.tlid a,;d binding.
14 . SMR/\BILITY
If •ny clause or provis ion herein contained shall be adjudged to be invalid or w,enforc:able by a
rc ur1 of competent jurisdiction or by opeiation of any applicable law, such invalid or
ucenforceable clause or provi.,ion shall not affect the validity of the Agreement as a whole and all
other clauses or provisions shall be siven full force and effect.
15 . APPLICABLElAWS
This Agreement shall be governed by and construed in acc,:,rdance with the laws of the State of
Colorado. Venue for any and all legal actions regarding the truuaetion covered herein shall lie i.a
District Cour1 in and for the County of Denver, State ofCcforado .
16. ASS!GNABILITY
No party to this Agreement shall .lSsign or transfer any of its rights or obliptions h=:.mder
without the prior written consent of the nonassiguing parcy or parties to this Agru11w11t.
17. BINDING EU]CI
The provisions of this Agreement shall bind and shall inur-: to the benefit of PARTIES hereto and
to their respective successors and permitted assigns .
18 . ENFORCEABil.ITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performa,'ce or damages, or such other legal or equitable relief ll ma. be
available subjec. •n the ~ro •isions oftbe laws of the State of Colorado.
19. IERMTNATION OFAGREEMENT
This Agroement may be tcnninated upon thiny (30) day's written notice by any of PARTIES, but
only if there are no contingent, outstanding contracts. If d1cre are contingent, outstanding
contnets, this Agrttment may only be tmni.aated upon murual agreement of all PARTIES and
only upon the can cellation of all cont ingent, outstanding contnt:ts. All costs associa=d with the
cancel l•tion of the contingent contractS shall be shared between PARTIES in the same utio(s) as
w, ,_ their conaibutions and subject to the maximum amount of each party's contnoution as set
forth herein.
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20 . PUBLIC RELATIONS
II shall be al ENGLEWOOD or CHERRY HILLS's sole discretion to initiate and to carry out any
public relations program 10 inform the resident! ill PROJECT area a.s to the puzpose of PROJECT
and what impact it may have on them . Technical and fuw design recommendations shall be
presented to the public by the sdected design engineer. la any event DISTRICT shall have no
respons ibility for a public relations program , but shall assist ENGLEWOOD or CHERRY HILLS
a.s needed and appropriate .
21. NO DISCR™1NATION TN EMPlOYME:-IT
In connection with the performance of work under this Agxeement, PARTIES agree not :o rdllse
to hire , discharge, promou. or demote , or to discriminate in matters of compensation apl!,.1 any
person otherwise qualified because of race, color, ance.suy, creed, religion, nztional ori;;±:1. gender,
age, military status, sexual orientation, marital status, or pt,ysical or menral disability U!d further
agree to insert the foregoing provision i'l all subcontracts hereunder .
22 . APPRO PRIATIONS
Notwithstanding any other term, condition, or provision herein , each and every obligatiai of
ENGLEWOOD , CHERRY HILLS and/or DISTRJCT stated in this Agreement is subj~ to the
requirement of a prior appropriation of funds therefore by the appropriate governing bcay of
ENGLEWOOD , CHERRY Hll.LS and/or DISTRICT .
23 . NO 1JIIBD Pt,RTY BENEFJCIARIES
It is expressly understood and agreed that enforcement of the terms and corulitions of±.:.s
Agreement , and all right s of action re lating 10 such enforcc'!llent, shall be str ic-.ly noser.-e,; to
P:\RTIES, and nothing contained i,, this Agreement shall .Jive or allow any sw:h claim :,r right of
action by any other or third person on such Agreement. It is the express intention of P.•-'lTIES
that any person or pany other than any one of PARTIES n,ceiving services or benefits ·.:nder this
Agreement shall be deemed to be au incidental beneficia,y only .
'w'HEREFORE , PAR.TIES hereto have caused this instruntei.t to be ex.ecuted by proper,y
autl1orized signatories as of tht date and ye ar first above written .
(SEAL)
ATTEST :
'dcs~tmnr.0:1110 7
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ______________ _
Title Executi vi'.! Director
Daw ___________ _
CITY OF ENGLEWOOD • (SEAL) By
ATTEST : Title
Date
CJT< OF CHi:llRY HILLS VILLAGE
(SEAL) By
ATTEST : Title
Date
APPROVED AS TO FORM:
City Atlomey
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AGREEMENT REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS
FOR LITTLE DRY CR.EEK AT ENGLEWOOD DITCH
AgremwmtNo .01 -11.10
Exlu1JitA
AGREE.\IDIT REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTJlOL IMPROVEMENTS
FO.R LITTLE DRY C,~ AT ENGLEWOOD DITCH
(UDFCD Agreement No . 01·1 I.JO)
ExhibitB
MEMORANDIJM
This MEMORANDUM is entered Into this ___ day of _____ ~ 20_ by ad
Ii.tween t,/~AN DRAINAGE AND FLOOD CC':•ffROL DISTRICT, a qlllli-goveromeutal en~.
whose ldd,es, ii 2480 Wost 26th Avenuo, Suite 156-B, Denver, Coloradu 80211 (bm:inaftar callee
"DISTIUCT") and ___________ .., • govcnunental enllty, ..tiose aildtess iJ
____________ (hminafter called "C1TY ") 111d collectivoly la,owu u
'PARTIES";
WHEREAS, PARTIES entctcd into "AgreemontRoprdini Final Dcsisn, Risht-of-Way
Acquuition and Coauttuction ofDrainaae 111d flood Concrol h uprovemeDU fer
___________ ___,' UDFCD Apeemoat tlo. _______ OD c:r Bi>o111
---~ 20 _, (b1111inafter called "AGREE.'\/IENT"); oad
WHEREAS , AGREEMENT is ua'Wtordtd. however PARTIES h&ve agreed ia AG~"T to
record this MEMORANDUM in the records oftbe Cieri< 111d Recorder of ________ __,
State of Colorado, ia order to put all who inquire on notir.e of AGR.E.E..\iENT and ia particular ~h
7.C of AGREEMENT; and
WHEREAS, ia .-.GR.E.E.MENT, PARTIES ag,eed to participate equally (up to a 111aimum -:£
$, _____ eac:h) in the cost of Ibo construction of drainap and flood =>trol impn; ·:omeatI ior
_____________ within CITY boundaries which include
_______________________ (bcrcinaller :::,JJed
'PROJECT"); and
WHEREAS, construction of PROJECT may require tho acquisition by CITY of real~~ aad
WHEREAS, AGREEMENT tluthcr provides thal CITY will owu all real property r,quirt<t :,
=>SIN« the improvemeau and th,,t CITY ownenhip of that real propcny shall be JUbject to the 1'<111>
aad c011dit ions of AGREEMENT and in particular Paraip-aph 7.C of AGREEMENT; and
WHEREAS , l'arograph 7.C of AGK€EMnrr provi,:l es in "llpropriate part u fcllcws :
'7.C. Own1nhie of Property and Lim it.<tjgp gfU,e , CITY shall owa tho property eitl= ::t ~ .. or
noo-n,vocable easement and shall be responsible for same . It is specifically uadem;;:,:,d that
the riabt•of•way iJ being uoed for drainage md flocd control purpoSCJ . The prcper-"' upon
which PROfECT is coastn1ctcd shall DOI be us.ed fer any purpose that will dimillish :r
preclude iu use for draia&g,, and flood concrol pWfOoeS . CrTY may DOI dispolt of :r
change the use of the properties without approval of DISTRICT. If, in the futun,, c:::Y •
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disposes of or.y portion of or .U of the prop,:rties acquired upoo which PROJECT :s
eonsttUcted pursu...it to thiJ Agreemen~ ebeups the use of any portio n or all ofll:• .
prop<rt ies upon which PROJECT is con.,tn,cted pur1u111t to thi s Agreemen~ or mcdmes any
of the improvemeots located on any portion of the properties upon wbioh PROJECT :s
consweted pursuant to this Agreernen~ and CITY has not obtained the written app:-:val of
DISTRICT, prior to sueb action, CITY sbatl take any and all action necessary to ....--,:w said
unauthorized activity and rer.1111 the properties 111d i.l!provrmeots thmon, acquind Jl>d
eonnructcd pumwit to this A~eo~ to the ownership aad condition they were :n
immodiar.cly prior to the unauthorized activity &1 CITY's sole oxp1115t. ID the event CTY
brea,bn the term., ;uid provi.sioD! ofthi, Paragraph 7.C and does not voluntarily.-..,-. as set
fo:th above , DISTRICT shall have the right to pursue • claim apin,t CITY for SFfic
performance ofthi., portion of the ~enL "; and
WHEREAS, CITY has jwt a.cqu i~ the real property demibed in Exhibit Z IIIIC.bed b= Md
incorpomed herein by refereoce, u if set fonh verbatim here in. pursuant to the !Offlll and condit::m of
AGREEMENT for the constru,tio11 of PROJECT; md
WHEREAS, PAR ms in~nd 1h11 the tem,s and provisions of AGREEME.'IT, incllldi.oi :-::t not
limited to Paragraph 7.C of AGREEMENT s•t forth verb&1im above, shall apply to and contro l :,o real
property descnocd in Exhibit Z.
NOW THEREFORE IT IS AGREED by and betWeen PARTIES that tho terms and provi,ic-.., of
AGREE:lfENT, including but oot limited tc PtaaraPh 7.C of AGREEMENT set fo~ verbatim :,i,ove
sball apply to and control the real property described in Exhibit Z, now owned by CiTY.
This ME.',!ORANDUM is not a complete summary of AGillE.."IE'<T. ProvisioD! in dili
MEMORA.'IDUM sh>ll not be used in in111pretiog AGREEME!(l's prov i,ion. In the evc:ot of =fiict
between this ME.',!ORANDUM and the w,recorded AGREEMENT, :he unr,corded AGREE!\,~ "T shall
control.
WHEREFORE, PARTIES bavc caused this MEMORANCUM to be oxecutod by properi~·
autborized sign•= as of the date and year above writlltl.
(SEAL)
ATTEST:
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ___________ _
T itlcJxccyriye Director
Date ____________ _
CITY OF _______ _
(SEAL)
ATTEST :
Clerk and Recorder,
APPROVED AS TO FORM::
Attomey for the _______ _
By __________ _
A,sistant Attorney
STATE OF COLORADO
) ss.
By __________ _
Tide, __________ _
Daie, __________ _
!lECO!',NENDED AND APPROVED :
REGISTERED AND COUNTERSIGNED:
By ________ _
CITY AND COUNTY OF DENVER)
Subscribed and sworn to before me this ______ day of _____ ..., 20 _, by
L. Scott Tucker, Executive Director of Urban Drainage and FlooJ Control District .
WITI<ESS my band and official seal.
(SEAL)
NotarY Public
My Conunusion Expires ___________ _
STATE OF COLORADO
) ss .
COUNTY Of _____ _
Subscribed and swom to befo"' me this ______ day of _____ _, 20_, by
WITNESS my hand and official seal .
(SEAL)
NowyPublic
My Commission Expires ___________ _
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Dale
Decem b r I i, 200 I
COUNCIL COMM UN ICATION
Age nda 11cm
:o a i
STAf-F SOURCE
Subj eel
Ci ly Dilch Repair 10 th e Li1tle Dry
CrPe~ Si ph on
INITI ATED BY
U 1ili 1ies D epar1111 en1 Stewart Fonda , D irec 1or of U tilities
COUN CIL GOAL AND PREVIOUS COUNCIL AC TION
None
RE COMM ENDED ACT IO N
Th~ Englewu\,>ri \ VJter ~111d Se\\ ';;!r B0.ud re co mm end ed Council appro\al oi th e Ci t\ Di tch repai r to the
Littl e D ry Creek sip ho n by ph one vo l e o n D ecem be r 6, WO I .
BACKGROUND , ANA LYS IS, AND ALTERNATIVES IDENTIFI W
Th e Cil\' Dilch sipho n i n lh e 3700 bloc k of South Cl arkso n St reet must b e repa ired beca use eros ion is
ca usi 11 3 se ttlin g be nealh th P p ipe. The proposed spillway woul d all ow Li ttl e Dry Cre ek wa ter to fl ow ove r
thi s piped area oi th e Ci ty Di tch and pro tec t th e pi µe th at goes benea th Litt le Dry Cr eek.
U rban D rai nage and Flood Co ntrol D is tri ct will be co ntrib utin g 50% of e11 gineerin g and cons tru ction costs
ror this projeu b~caw,e Englewo od's sip hon strn lure is with in th eir fl oc d plain jmis dic ti on. To maint ain
tl ows in that fl ood plain a prop er pro tec tion str ucture mu st b e co nstru cted in this 100' sec ti 0n.
Engle\, oo cl 's Cit y Att orney has rev iewed th e agr ee ment.
FINA NCIA L IMPACT
U rban D rainage and Flood Con tr ol Distric t wi ll be payi ng 50% of th e engi nee rin g and cons tr uc tio n cos ts.
Thi s agr ee men t is fo r th e engin ee rins porti on onl y. Englewood 's shu re 1:, es tima ted to be approxi111a tel y
S I 0,000. This is a budge 1ed item in the Wa ter Source an d Suppl y 09-0 I bud ge l. A con ·1ruc 110 11
agr ee ment and bid will be 1ortlxom1 ng 111 Ja11 uary and rs es 111n ated to be appro\1111atcly S 100,0UO.
LI ST OF ATTAC HM EN TS
lnter gove rn111 e11 tal Agreement with Urban Drain age ar,d rl ood Co ntro l