HomeMy WebLinkAbout2007-08-06 (Regular) Meeting Agenda PacketJ
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday,August6,2007
7:30 p.m.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
1. Call to order. f}."Jtj ~
2. Invocation. ~
3. Pledge of Allegiance.~
4. Roll Call. JU '7 ~
5. Consideration of Minutes of Previous Session .
Of1P17-{)•. Minutes from the Regular City Council meeting of July 16, 2007 ~
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
a. Jo Ellen Davidson , Executive Director of the Community Housing Development Association ,
Inc ., will be present to address City Council.
7. Recognition of Unsched uled Public Comment. (Please limit your presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
continued to General Dis cu ssio n.)
ff
8. Communications , Proclamations, and Appointments .
()PM/uJ a . ----1?-o
Pl
Letter from Patrick Ringenberger announcing his resignation from Keep Englewood Beau ~
i. Council Bill No. 46 -Recommendation to adopt a Bill for an Ordinance appro ing an
I ntergo ernmental Agre ment betw en th Board of Commission rs of Arapahoe
County and th City of Engl wood to conduct a coordinat d el ction on November 6,
2007 . STAFF SOURCE : frank Crnlewicz, Director of finance and Administrative
Service , and Loucrishia A. EHi , City Clerk lection Commission M mber.
Englewood City Council Agenda
August 6, 2007
Page 2
b. Approval of Ordinances on Second Reading .
Council Bill No. 41, authorizing a Contract for Deed for the purc hase of Duncan
Park located at 4846 South Pennsylvania Street between th e City of Engl ewood
and Arapahoe County School District No. 1 (Englewood Sc h ools).
Council Bill No. 43, approving Supplement No. 162 to the Southgate Sanitati o n
District Conn ector's Agreement for the inclusion of land within the district
boundari es.
c. Resolutions and Motions.
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10. Public Hearing Items. (No Public Hearing Schedul ed.)
~
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinan ce s on First Rea ding.
b .
C.
ii.
Council Bill No. 44 -Rec o mm endati o n fr o m the C o mmunity D eve lo pm e nt
Departm ent t o approv e a Bill fo r an Ordinance auth o ri zin g a Pur chase A gr ee m ent
and Lease Bac k to Koc h Land sca pin g fo r th e So uth Platt e Ri ve r Oxbov,, prope rt y in
Englew ood and Littl eton for o p en spa ce, rec rea tion , wildlife hab it at, and w ate r
quality uses . STAFF SOURCE: Mark Graham, Senior Planner.~
C o uncil Bill No. 4 7 -Re co mm endation fr o rn the City Clerk's Offi ce and the City
Attorn ey's Offi ce t o adopt a Bill fo r an Ordin ance pl ac in g thi s iss ue o n the
November 6 , 2 00 7 ball o t. STAff .S.O~RCE: Lo~crishia A. Ellis, City Clerk, and
Dan Brotzman, City Attorney~
Apprrd in ances o n Seco nd Rea din g.
Resolutions .ind Motions.
i. R o mm •nda ti on from the Finance and Administrative S ~rvi e Department t o
approve a Reso luti o n authorizing a Suppl em ntal A1 proprbtion of $150,000 t o
th ~007 Budget in t he Publi lmprovem nt Fund for expenditure in urred t o
enh nee and improve the City's Golf ourse. STAFF SOURCE :, !~~k.J d...-A ./
Gryglewicz, Director of Finance and Administrative Services. V~' ~
R(• mm ndation from the Finan and Adminis t ra t ive Servi es Dep, rim •n t t
adopt a R •solu t ion approvin a Supp l m ntal Appropriat ion of $2 5,-<L . 90 from a
r o r st '-'r i R imburs ment fore p nditures incurred during th ity's
I rt i iJ < tion in wil I, nd fire fightin activiti .. STAFF SOURCE : ~k .
Gry I ?Wi cz, Dir tor of Finan and Admini trativ Se rvi e . ~)l(,444 t)
l'lt •.iw n 11 II ha ., d1,,1lnht II of l 11 •11• NO d
( l(H ., 2 2 f') ,ll I • I --~-~-------
Englewood City Council Agenda
August 6 , 2007
Page 3
iii. Recommendation from the Littleton /Englewood Wastewater Treatment Plant to
approve, by Motion, a contract for the implementation of DataStream 7i, a
computerized maintenance management system. Staff recommends awarding the
bid to the best qualified bidder, Stratum Consulting Partners in the amount of
$187,620 which will be shared 50/50 by the cities of En~l:w?q.d ~~1 LJttleton .
STAFF SOURCE : Stewart H. Fonda, Utilities Director.~
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13 . City Manager's Report.
14. City Attorney's Report.
a. Waiver of c onflict i n Mike Mahoney, Headed W est vs City of Engle w ood, Arapahoe
County District Court and People of the State of Colorado vs Mike Mahoney,
Englewood Mun icipal Court, Case No. 343468.
15. Adjournmen t o:;2.,f' ~
The fo ll owing minutes were transmitted to City Council in Jul y 200 7:
• Board of Adjus tm ent and App ea ls mee tin g of Jun e 13, 2007.
• Co de Enforcement Advisory Co mm ittee m ee t ing of Jun e 20, 2007.
• Cultural Arts Commission meeting of May 2 and June 6, 2007.
• Parks and Recreation Commission meeting of May 10 and June 14, 2 007.
• Public Library Board meeting of June 12, 2007.
• Transportation Advisory Committee meeting of June 14, 2007.
• Urban Renewal Authority meeting of June 20, 2007.
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT.
DATE:August6,2007
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
\
1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
July 16, 2007
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :40 p.m .
2. Invocation
The invocation was given by Council Member Barrentine .
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Wolosyn .
4 . Roll Call
Present:
Absen t:
Council Members Tomasso , Moore , Barrentine , Oakley, Mccaslin ,
Woodward , Wolosyn
None
A quorum was present.
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Di rector Olson , Safety Services
Director Fonda , Utilities
D irector Black , Parks and Recreation
Director Gryglewicz, Finance and Adm inistrative Services
Commun icati ons Coord inator Hoffh ines , City Ma nager's Office
Police Officer Martinez, Safety Services
5 . Consideration of Minutes of Prev io us Sessi o n
(a ) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY C OUNCIL MEETIN G OF JULY 2, 2007.
Mayo r Wolosyn asked if there were any comments . There were none.
Vote results :
Motion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso. Oakley
Nays : None
6 . Recognition of Scheduled Public Comment
There w re no scheduled visitors .
7 . Recognlt o n of Unscheduled Public Comment
)
Englewood City Council
July 16, 2007
Page2
There were no unscheduled visitors .
8. Communications, Proclamatlon1 and Appointment,
(a) A letter from Ronald Rutherford indicating h is res ignation from Keep Englewood Beau ti ful was
considered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION
OF RONALD RUTHERFORD FROM KEEP ENGLEWOOD BEAUTIFUL.
Mayor Wolosyn asked if there were any comment,. There were none.
Vote results:
Motion carried.
Ayes : Council Memberl Barrentine, Mccaslin, Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
9. Consent Agenda
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEMS 9 (a) (I) and 9 (b) (I).
(a) Approval of Ord inances o n First Read ing
(i ) COUNC IL BI LL NO. 43 , INTRODUCED BY COUNCI L MEMBER WOODWARD
A BILL FOR AN ORDINANC E APPROVING SUPPLEMENT NO . 162 TO THE SOUTHGATE SANITATION
DISTRICT CONNECTOR 'S AGR EE MENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT
BOUNDARIES .
(b) Approv al of Ordinances on Second Reading
(I) ORD INANCE NO . 39 , SERIES OF 2007 (COUNCIL BILL NO. 39 , IN T RODUCED BY
COUNCIL MEMB ER WOODWARD)
AN ORDINAN CE AM NOI NG TIT E 12 , OF TH E CITY O F ENGLEWOOD MUN ICIPA L COD E 2 000 , BY
ENACTING A NEW CHAPT R 6A , ENTITLED COM PETITIVE CABLE FRANCHISE APPLICATION , REVIEW
AND EVALUATION PROC IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITIED
PURSUANT TO S CTION 78 41 0 TITLE 47 OF THE COD E OF FED ERAL R EGULATIONS AND
DECLARING AN M RO NC V
Vote re1ulta :
Mot ion camed
A Council Members Barrentine , Mccasl in , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
N yt None
(c) uttOn nd Motions
10 P 6c HNrint ltem1
uled b fore Council .
Englewood City Council
July 18, 2007
Page3
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Read ing
(i) Director Black presented a recommendat ion from the Parks and Recreation Department
to adopt a bill for an ordinance authorizing a Contract for Deed for the purchase of Duncan Park located at 4846
South Pennsylvania Street between the City of Englewood and Arapahoe County School District No . 1
(Englewood Schools). He said the City of Englewood and the Englewood Schools entered into a lease
agreement for the Duncan property in 1978 . At that time, the lease of that property was for the property and
also the building on the site. In 1984 that agreement was amended and the building was taken back over by the
School District. However, the City of Englewood continued to maintain Duncan Park and has since that time
period. Duncan is one of the only parks in that quadrant of the City. As through our Master Plan, if you recall , if
that location was removed from a park, that whole area would be vacant. .. we would not have a park in that
quadrant of the City. As part of the agreement, the School District will retain the ownership and the rental of the
building on the site . The agreement runs through December 31, 2010 . The agreement allows for the City to
apply for grants which, as you know, we have already received $250 ,000.00 from Arapahoe County. We will be
applying for a grant from Great Outdoors Colorado later this year . And as we receive those grants, and the
agreements are approved through the Council and the County and Great Outdoors Colorado, then that money
will be transferred over to the School District at that time. What's good about this Contract for Deed for the City
is that it does allow the City time to accumulate funds through the end of 2010 in order to pay off the property.
The purchase price for the property was 1.2 million dollars. We currently have $200,000 .00 allocated in the
Open Space Fund for property acqu isition and for matching funds for grants that are out there . A question was
asked awhile back by Council about Share Back Funds from Open Space and those funds can be used for
property acquisit ion as well . Over the last 6 to 9 months or so, you have seen a number of people before th is
Council and the School Board has seen a number of people , as well , requesting that the two parties work
together to keep that as a community park. And from the people that I have talked to, they are absolutely
delighted that the City and the School District was able to come to an agreement on the purchase and sale of
this property. He sa id I would be happy to answer any questions that you might have .
Mayor Wolosyn asked if there were any questions for Jerrell .
Council Member Barrent ine sa id I am so impressed by the commun ity coming together like they did . I spent two
days at the County Clerk's office research ing every one of those parcels . I talked to the Assessor. I was
impressed by how th is commun ity was built up in the early 1950s when that school was bu il t and us mainta ining
that as a pa rk , but I was just as Impressed w ith the commun ity today recogn iz ing what a valuable asset that
pa rk is and com ing together to make sure that we we re on an equ al playing field , as much as we poss ibly could
be, in deal ing w ith two ent ities th at are both takin g taxes from th e same people. So , I was ve ry impre ssed with
Jennifer McKee and that Save the Duncan Park group and appreciate what they did .
COUNCIL MEM BER BARRENTINE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (I) • COU NC IL BI LL NO. 41.
COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER BARRENTINE
A BILL FOR AN ORDINANCE AUTHORIZING THE NCO NTRACT FOR DEED" FOR THE PURCHASE OF
DUNCAN PARK LOCATED AT 4846 SOUTH PENNSYLVANIA STREET BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO . 1.
Mayor Wolosyn asked if there was any further discussion .
Council Member Woodward said I just wanted to mention that I was at the School Board meeting last Tuesday
n ight, where they had passed this unanimously and I think the School Board i a pleased and excited that the
City is ending up w ith th is as a park and that we are movin g forward . Ray. Gary and I hed met w ith the School
Board , as our School Board appointees ... as the negotiating group ... and we feel pretty pleased with where we
end d up. I know the community i very excited . We have b n look ng at dong a n ighborhood Nat onal Night
Out for that particular neighborhood . There r peopl work ng on th t nght now, ,nclud ng S fety S rv ce • I
Englewood City Council
July 16, 2007
Page4
think Parks and Rec, and some businesses within the community , will be involved . So , we are looking at trying
to have a celebration on the ih of August , which would be the day after the second reading on this purchase . I
am really excited about this .
Mayor Wolosyn asked if there was any more discussion . There was none.
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said I would like to thank the negotiating team and staff and also the School District. A lot of
hard work went into this and I think it is a really wonderful use of Open Space Funds and isn't it great that we
have that resource . Director Black said yes it is ... we are very fortunate . Ms . Wolosyn said thank you very
much. Director Black said thank you very much .
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 40, submitting to the registered electors of the City of Englewood a
proposed Charter question to update the language in Article X , Part I, Section 94 of the Charter of the City of
Englewood was considered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b)
(i) -ORDINANCE NO. 40, SERIES OF 2007.
ORDINANCE NO. 40, SERIES OF 2007 (COUNCIL BILL NO . 40 , INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO
ARTICLE X , PART I, SECTION 94 "Appropriation to lapse", OF THE ENGLEWOOD HOME RULE CHARTER.
Mayor Wolosyn asked if there was any discussion . There was none .
Vote results :
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moo re , W ol osyn, Woodward,
Tomasso , Oakley
Nays : None
(ii) Council Bill No . 42 , submitting to the registered electors of the City of Englewood a
proposed Charter question to update the language in Article X, Part IV, Section 117 of the Charter of the City of
Englewood was considered .
COUNCIL MEMBER T OMAS SO MOVED , AND IT WAS SECOND ED , T O APPROVE AG ENDA ITE M 11 (b )
(Ii) -ORDINAN CE NO . 4 1, SE RI ES OF 200 7.
ORDINANCE NO . 41, SERIES OF 2007 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO
ARTICLE X, PART IV , SECTION 117 "Sales ", OF THE ENGLEWOOD HOME RULE CHARTER.
Mayor Wolosyn a ked if th re was any di cus ion . Th re wa none .
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Englewood City Council
July 16, 2007
Page5
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays: None
(c) Resolutions and Motions
(i) Director Gryglewicz presented a recommendation from the Finance and Administrative
Services Department and the City Manager's Office to adopt a resolution setting application fees assoc iated
with the Competitive Cable Franchise Ordinance. He said Council Bill No. 39 was just passed a few minutes
ago and, as is the City's custom, we set our application fees by resolution and staff is recommending setting this
fee at $1,500.00 . That will cover the cost of additional staff time to review and process the applications .
Mayor Wolosyn asked if there were any questions for Frank.
Council Member Barrentine said how much was the fee before? Mr. Gryglewicz said the fee did not exist, this is
a new fee for this. Ms . Barrentine said this is an increase of $1,500.00. Mr. Gryglewicz said yes . I don't think
we are going to have a whole lot of applications, but this is there to cover additional staff cost. .. incremental staff
cost. Ms . Barrentine said not being that it didn't cost the staff anything before? Mr. Gryglewicz said pardon me?
Ms . Barrentine said it did cost something before or didn't cost anything before? You think the new regulations
are going to incur costs that we didn't have in looking these over? Mr. Gryglewlcz said yes, additional staff time ,
I believe, was estimated to be between 20 and 30 hours ... so this should cover that amount of staff time . Ms.
Barrentine said okay .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(I) -RESOLUTION NO. 77 , SERIES OF 2007.
RESOLUTION NO . 77, SERIES OF 2007
A RESOLUTION ESTABLISHING FEES FOR COMPETITIVE CABLE FRANCHISE APPLICATIONS
PURSUANT TO 12-6A, OF THE ENGLEWOOD MUNICIPAL CODE 2000 .
Mayor Wolosyn asked if there was any further d iscussion . There was none .
Vote results:
Motion carried .
Ayes : Co un c il Members Ba rrenti ne, Mccas lin, Moore, Wolo syn, Woodward,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said thank you Frank.
12 . General D is cu ssi on
(a) Mayor's Choice
(i) Mayor Wolosyn said I am going to pa11 out a letter about the Boards and Commissions.
Whenever it was suggested that the Boards and Commi11ions appreciation night take place at Pirates Cove,
there was an assumption that there would be swimming available, but that Is actually the time of year where
Pirates Cove is closed on Mondays . And in order, as the letter Mys, to really celebrate and serve people, we
are going to move it to Saturday, August 25 1h . I would like to know if you guys are in agreement. They would
have free entry from 5 to 6:30 p.m . and then , when Plrat s Cove closes , we will have a k nd of celebration .
Englewood City Council
July 16, 2007
Page&
Council Member Woodward said I would like to mention that this is also the same day as the FunFest. I think it
will give the people the opportunity to go down to FunFest and then move right on over to Pirates Cove and
enjoy the park. I'm sure, and in fact I know, because I talked to some over the weekend, that there are some
that have never been to Pirates Cove . I think when we originally discussed this and thought about Pirates Cove ,
I know that I was assuming that we would be swimming and swim suits would be included. It just came out last
week that there was some confusion . So, I am in real support of this . This is a Saturday night and it keeps
costs down , I think, for Parks and Rec and works pretty well .
Mayor Wolosyn asked if there were any objections to it. There was none. She said okay, then this letter will go
out and we will also let the Chairs know .
Council Member Mccaslin said can I ask a question? We handed out letters to KEB. .. now are we going to
notify those people again?
Mayor Wolosyn said everybody is going to get a letter ... every single person is going to get a letter. I think that
those of us who know the Chairs should tell the Chairs also, just as a follow up. Because I know at the Water
Board, I told everybody they could bring their bathing suits and I know there is at least one family interested in
that.
Council Member Barrentine said Jerrell, is this something that is going to put too much burden on Parks and
Rec, with all of the activities going on that day or has that been marked out?
Director Black said this will be much easier for us , because we will be open that evening and so we are only
extending about another 30 minutes or so. We will have staff there and it will be much easier for us . Ms .
Barrentine said okay, thank you .
Mayor Wolosyn said thanks, so we will go ahead and do that.
(ii) Mayor Wolosyn said I am the Council liaison to the Englewood Education Foundation
and they have been holding their annual Fall Fling fundraiser out of town . They have been at Invesco Field and
also up at the cable center, but this year they are reorganizing. They no longer have a paid staff and they want
to come closer to Englewood . They would like to have their annual Fall Fling here in the Community Room and
in Hampden Hall . They have asked if they could have the basic rental fees waived . I explained to them that
things like the $15 .00 an hour attendance fee for Hampden Hall and any setup fees can't be waived, because of
staff time and they understand that. So, I told them I would bring it forward . I can tell you that Hampden Hall's
base rate is $150 .00 for 4 hours and they would want it for 8 hours . And the Commun ity Room 's base rate for
residents is $150 .00 an hour. The way I look at it is that we are giving them a resource that we have and I know
this organization and I know the money goes to teachers and students and I appreciate tha t. I also appreciate
the fact that they really are trying to cut overhead, so I would ask if Council would do that, with the
understanding that our costs would be covered . She asked if there were any objections . Seeing none, I am
going to go ahead.
Council Member Tomasso said I think it is a good use of the Community Room and it assists the Education
Foundation, when Englewood Schools are in a position where they are having serious budget problems ... so any
support that we can add is definitely something we should do .
Council Member Barrentine said I agree . We have few opportunities to truly partner with them to make a
difference. They have their own budget, their own Board and their own problems the same as we do, but this is
a nice way for us to partner with them in a fundralsing event that benefits our School District.
Council Member Mccaslin said I have attended the last two and they are wonderful programs . I was at the
cable company and Invesco and they do a great job, so I am definitely for it.
Mayor Wolosyn said thank you and I know that the Education Foundation thanks you, but I am sure you will
hear from them .
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Englewood City Council
July 16, 2007
Page 7
(i ii) Mayor Wolosyn said another thing I wanted to bring up is about next week ... the
meeting . I don 't know if people remember ... about six weeks ago, I had asked for some suggestions on where
we wanted the discussion to go and then I have asked John since . So, we are going to get a lot of data, we are
going to see where we can expect to go and I am hoping we are going to hear about things , such as a proposed
repayment of funds f rom the Public Improvement Fund to the General Fund , that will give us a better picture of
where we are go ing . And then , I am th inking that some of the alternatives may be difficult and we are go ing to
have to come up with those also . Staff can make suggestions to us , and I am sure they will. We had the report
tonight on health care and that will be one of those things where we will be advised as to what they see as the
right thing for us to be doing , but other things are going to have to come from us. I think that next week is an
opportunity for all of us to maybe just roll up our sleeves and look at this as problem solving . Because I think all
of us want this City to move forward and be a full service City that people want to live in . And we need to make
sure that it has an opportunity to flourish ... especially since I know some things are coming on line like Kent
Place . So , come with your ideas and come with open minds and that is all I wanted to say about that.
City Manager Sears said just to follow up ... the staff has been working hard to put together the issues . We
obviously won't have all of the details . We don't start the real budget. .. nitty , gritty ... until the next couple of
weeks, although staff has been doing that. But I'll have a summary letter of where we are, what the issues are
and Frank will also have a number of scenarios . And we will have some restructuring ideas that we will give to
Council . Again , that night will be pretty overwhelming with information. We will try to get that out to you this
next Thursday, but then we will have a follow up meeting on August 5th, potentially August 20th and then the
Budget Retreat is September 22nd . So , there are a number of ways to take a look at it, but the whole staff has
been looking hard at revenues and expenditures to see where we go ... not only next year. .. but over the next 4
or 5 years . So , we will have that information ... it is already in a prelim inary form ... to you by this Thursday for
your review next Monday night.
Mayor Wolosyn said thank yo u Gary .
(iv) Mayor Wolosyn said my family is basically demanding me to come home, so I will miss
the August 13th Study Session . It is one of those th ings that I don 't have a choice ... buy a plane ticket.. .it is my
sister's birthday . So that is all I have.
(b) Council Members' Choice
(i ) Counc il Member Ba rrent ine :
1. She sa id I wanted to thank the EMT Serv ices and ou r Fire Div ision, aga in . My son and I were at
W alg ree n's and I don 't even th in k it was 30 seconds until they were there when a woman had fallen down .
When you have peop le coming in for prescriptions and th at, yo u don't know al ways wha t is goin g on w ith
somebody . it could be a wide variety of things and I think the people at Walgreen's did a beautiful job, but we
barely went from the register to the door and they were already there ... blocking my car, but they were already
there . That is why I know for sure that they had come that quick and taken care of her. And a couple of things
down on Pearl Street. .. and I have just heard a lot of nice comments about their professionalism and their speed
and how well they are providing service to our citizens and I wanted to pass that along .
2. She said our new Community Development directo r is go ing to have a lot of wo rk on his hands . I
cannot drive down Broadway or Hampden and not end up seeing more store fronts up for lease. It is becoming
a huge concern for me. Some of the projects that have been started are really kind of in a stall and it is a huge
concern with the Sheridan Redevelopment coming on line. But we are really going to put him to the task in
August when he starts ... on August 1J1h ... because we are seeing a trend that is not going to be beneficial when
we have a huge project going on in Sheridan .
3. She said again ... about Steakhouse 10 . There is the unfinished project that is in front of something that
is really a beautiful landmark in our community and well respected to have that type of restaurant, when this
community has howled for that type of service in this community and then to plop some kind of construction half
finished with no end in sight seems to be very disappointing ... same thing w ith downtown Broadway and farther
down on South Broadway. Hopefully , as those areas open up we can look at some innovative and im aginat ive
Englewood City Council
July 16, 2007
Page 8
ways of bringing some investment into there. That goes to the article that was included in our packets ... that the
TOD spurs shoppers to Englewood Center . It was in the Denver Business Journal and they point out in there
too that the City Center project feel has not continued to expand to the rest of the City. So, I would be interested
to see some of his ideas .
4. She said I would like to get an update from the Water Department. .. and Stu . I had talked to them a
couple of months ago about doing a pilot program, especially for people who are elderly who are still on flat
rates and have just seen an increase with the last quarterly billing. I know that they had already put that into
their projections for fees, but I understood that the Water Board was going to go ahead and see if it was
possible to do a payment plan, so that people could go ahead and switch over to the metered rate . One
example, a couple of blocks down from me, a person on a fixed income is paying for 13,000 gallons of use ... and
that is three times the amount that my son and I use . I can't imagine that. And I understand that those
people ... those approximately 2500 people in the City ... are kind of subsidizing us and I would like to see some
kind of program, especially for people on fixed incomes or older people. I have contacted several plumbers who
are willing to provide some services and maybe do some bulk ... several people at a time, and I would like to
work with them on getting that done as we enter the next quarter.
(ii) Council Member Mccaslin said well I am sure that everyone here on Council and
anyone I have talked to, has heard about my dysfunctional block that I live in . About a month ago I met a
gentleman ... I think he is in the audience tonight, Stephen King ... who is a builder and he bought one of the eye-
sores that I have in my neighborhood and is rebuilding it. And I'll tell you, what a wonderful addition to my block
that it is . I have spent some time getting to know Stephen in the last month . He is a resident of Englewood, he
wants to see Englewood thrive and I just can't say how much I appreciate what he is doing for Englewood . I
hope he stays in Englewood because of the quality of work he has done ... and he is a good person and to me,
that means more than a lot of things . When you meet people like that on the street, that are trying to do the
right thing, to me that makes me feel a lot better about living in Englewood.
(iii) Council Member Oakley said I consider next Monday nights meeting one of the more
important meetings that I have been able to participate in since I've come on Council. I have been giving this
considerable thought and I will have some suggestions . Perhaps more severe than some others, but I think it is
an opportunity for us to really put in the time it takes to make the hard decisions , that the taxpayers that elected
us expect us to make . So, you can expect some comments from me for sure.
(iv) Council Member Woodward :
1. He said the very first item I would like to bring up is in your packet is number 12 (b) (i) Council Members
Choice ... a resolution authorizing the exemption of 3590 South Pennsylvania from Building Perm it fees
associated with development and constructi on . This is the Senior Housing at 3590 South Pennsylvania that is
being planned and constructed by the Englewood Housing Authority. We discussed this at our last Study
Session and we had Dawn Shepherd , Director of Englewood Housing and Rodger Hara , one of the Commiss ion
members, here two weeks ago discussing it. What they are looking for is a waiver of the Building Perm it fees
and the City's adm inistrative portion of the Plan Review fees .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 12 (b)
(i) • RESOLUTION NO. 78 , SERIES OF 2007.
RESOLUTION NO . 78 , SERIES OF 2007
A RESOLUTION AUTHORIZING THE EXEMPTION OF 3590 SOUTH PENNSYLVANIA FROM BUILDING
PERMIT FEES ASSOCIATED WITH DEVELOPMENT AND CONSTRUCTION .
Vote results :
Motion carried .
Ayes : Counc il Members Barrent ine , Mccasli n , Moore , Wolosyn , Woodwa rd ,
Tomasso , Oak ley
Nays : None
(
Englewood City Council
July 16, 2007
Page9
[Clerk 's note: This was listed as item 12 (b) (i) on the Agenda.]
Mayor Wolosyn said we are all happy to have this in our community. Thank you for coming and bringing th is to
our attention .
2 . He sa id the Sounds of Summer Concert on the 19th. is the Celtic group ... Skean Dubh . These are
Thursday nights and they are free concerts outside here and part of why I am saying it is, for the people who
read our minutes on line . On July 26th is the Michael Lloyd Band ... piano driven rock and roll ... and on August
2nd is Wh iskey Trip ... classic country and western . Bob will be at that one all dressed up and probably dancing .
3 . He said I wanted to mention that on Wednesday of last week, I attended the Senior Splash at Pirates
Cove, which was available for people 50 years and older. And although it was a cool night, there was a great
turnout and it was headed by Joe Sack at the Malley Center and h is staff. It was a really, really great time . It is
amazing as us Baby Boomers are growing older, people at age 50 and on are coming into there and there are
people utilizing the pool. There were some very elderly people just there to utilize the Park and sit and enjoy
themselves . So Jerrell , compliments to Joe and his staff. It was a really good time.
4 . He said I wanted to mention that the Arapahoe County Commissioners approved the gap funding for the
Oxbow on their Consent Agenda at their last meeting . We are fully funded for that at this point.
5 . He said Chris this is probably your last meeting here and I certainly want to acknowledge that and pass
on my personal congratulations and appreciation for all that you have done over the years for the City of
Englewood . And , we will m iss you .
Council Member Barrentine said we are go ing to have a party fo r you on the 18th_ Mayor Wolosyn said the party
is this Wednesday from 2 to 4 p .m .
Director Olson said I just want to say , Jim , thanks a lot for that. As I sa id last week , I am go ing to miss qu ite a
b it...all the people that I've worked with here in Englewood and all the memories and history over the last 31
years . It has gone by very quickly, to say the least. I know that all of you are going to do the best for the City. It
is a City with a lot of potenti al and I am go ing to do my best to rep resent Englewood , as I said before , very well
at the State level. Hopefully, I will be see ing all of you in the future , not just on Wednesday, but after that. But
anyway , thank you for that compliment. I appreciate that.
Mayor Wolosyn sa id I th ink we need a ro und of applause to thank you . Th e re was applause.
6 . He said the last item I want to mention is a concern that I had . I was shopping at King Soopers on
Saturday and as I left, I was approached by an individual to sign a petition regarding the City taking funds ... this
is what I was told . This particular individual initi ally claimed to be a City employee . I asked him which
department he worked for and he didn't answer that. And he Just handed me the petition and said read this . I
said which department do you work for? And then he told me that he cleans graffiti off the walls and I suggested
to him that maybe he wasn 't an employee and maybe that he was doing community service work and that he
was a tagger. He told me that the City of Englewood is removing money from the paychecks of
individuals ... $50 .00 ... and sending that money to charitable organizations as the City sees fit...at which point, I
kind of lost it and I told this man that he was a liar , and that furthermore I didn't believe that he was a City
employee ... and that I felt pretty certain he wasn't a City employee and based upon the shirt that he was
wearing , I felt pretty certain that he was a paid petition person . So , I don't quite know what is going on with th is .
I went and talked to his supervisor who he directed me to and she acknowledged that he was paid , that he was
not an employee of the City and that she would ask him to stop claiming to be a City employee . But I know this
same petition, from what I understand ... and th is is hearsay ... has gone to Greeley, Littleton and possibly
Centennial. I don 't know what this is about , but it is really dishearten ing to have somebody stand there and lie
to you and lie to the public . And there is no doubt about it being a lie . That is all I have , thank you .
Mayor Wolosyn sa id thank you .
Englewood City Council
July 16, 2007
Page 10
Council Member Barrentine said I have to state an objection to us using this forum as a way to talk about
political issues. That is a Charter initiative that is being done by the public and if it gets on the ballot, the citizens
will have an opportunity to vote on that. But it is a dangerous thing for us to start commenting on those kinds of
political issues in Council meetings and I object to doing that.
Mayor Wolosyn said thank you .
Council Member Mccaslin said I appreciate your bringing it up, because I had a couple of phone calls on what it
was about and I had no idea, so it is kind of getting me informed on what is going on . And I agree with Jim, I
think when people do not represent who they really are ... that is a concern and to me that is wrong .
Council Member Barrentine said I understand, but it is a political issue and we have our hands tied in using th is
form to lobby for or against. I am not saying that I am for or against, I am saying that this forum should not be
used in that manner. It is inappropriate.
Mayor Wolosyn said we are going to move on now, it was just an FYI.
Council Member Mccaslin said it wasn't for or against, it was just the way it was said .
'
Mayor Wolosyn said lets just move on . It was just an FYI.
13. City Manager's Report
(a) City Manager Sears said first of all I do want to say thanks to the City Council and thank you for
your support this past week . I lost a sister-in-l aw unexpected ly. I appreciate the flowers and the kind
comments . I really do appreciate it and I know my family does too .
(b) City Manager Sears said regarding Laurett's comment in terms of the Hampden project. I know
there is some new information about the construction of that. I don't have that tonight. I know that all of Council
is as concerned about that as we are. I'm really hoping that does get cleaned up. Chris do you have some
specifics on that?
Director Olson said yes , there were trucks over there today and from what I understand , a permit has been
pulled to go ahead and ju st finish off the outside portion of that structure and then they will leave any tenant
finish ... to the tenant they come up with , but they aren't going to add any more on . What you see there is just
go ing to be finished off on the outs ide . There were several trucks over there today starting to work on it.
City Manager Sears said it is long overdue . I am really glad that that is moving ahead . Thanks.
Council Member Barrentine said just one more comment. Just as long as we make sure that in those plans , if
they do the tenant finish ... my request that started this whole thing ... is that they not put their waste receptacle in
the place that had been originally designed . That would be right in front of Steakhouse 1 O's door. That is what
kind of started the whole interest in this and then the bank fell through. And so as long as that design is not
going to go through ... that was only the second objection, so I just wanted to note that.
City Manager Sears said I don't know the status of that. We will have to find that out from them and we will
record that and note that to them . Ms . Barrentine said okay, thank you .
(c) City Manager Sears said again I want to say thanks to Chris and all the work he has done for
the City ... selecting and promoting people, being available 24/7, calling me in the early morning on an issue ... he
has done a wonderful job for the City . He will be missed and, hopefully, Council can Join us on Wednesday for
his farewell.
(d) City Manager Sears said I also wanted to note that we are going to have three Germans ... the
Mayor from Seim and the Mayor Pro Tern and anothe r Council Member ... here from the 25th of July to the 1•t of
Augu t W r pl nning to put togeth r a brief r caption on the 26th at 6 o 'clock , right before the Sound of
Englewood City Councll
July 18, 2007
Page 11
Summer. We will have an invitation out to Council. We just have some small mementos to give to the Germans
who are here. We've got a pretty heavy schedule in terms of meetings, showing them the City and showing
them the area. Mayor Wolosyn has graciously accepted to have the Mayor from Belm stay with her. Bob
Mccaslin will also have one of the Council members and I'll have a Rotarian and myself also working with the
third member. It will be a short stay while they are here, but they are involved with the German government.
We will also have the Honorable Consulate from Germany here, he is located in Denver and will attend the
reception and will be here for that time that they are in town . I will send a note out, but it is pretty exciting on the
Sister City that this is actually moving ahead . I appreciate Council's support to make that happen .
14. City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15. Adjournment
LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :23 p.m.
-~· -/---+.,...,._-b"' ......... :...:..z;..;;..~~-<+-.....;._
Community Housing
Development Association , Inc.
Honorable Olga Wolosyn , Mayor
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
August I, 2007
RE : Presidential Arms Apartments Acquisition/Rehabilitation
Dear Mayor Wolosyn :
r -.. ~--
.'
l .---· ....
6a
325 Inverness Drive Sou th
Eng lewood. CO 80 I I 2
AUG -1 2007
I __ J
Community Housing Development Association, Inc. (CHDA) is under contract to purchase the
33-unit Presidential Arms Apartments located at 3595 S. Washingtou in Englewood . The purpose of this
letter is to inform you of our plans, and to request support from the City of Englewood necessary for
various requests for project funding. For your information , the City Community Development Director
has confirmed that our acquisition/rehabilitation plans for the Presid ential Arms Apartments are
consistent with "Roadmap Englewood", the City 's 2003 Compreh ensive Plan . A copy of this letter is
attached for your reference . The City 's Planning staff have confirmed that the propeny is a permitted ,
non-conforming use ( current parking requirements exceed approved parking at time of construction in
1963).
Following below is a brief description of the project and our organization . Attached are copies of
a property brochure , summary demo graphic information provided by the Hou sing Market Study prepared
by Pri or & Ass oc iates as of July 19 , 2007 , and an inform ation al fl yer about CHDA and our other hous ing
pro perti es .
Pres id ential Arm s Apartm ents
The Presidential Arms Apa11ment building was built in 1961 hy Dr. David Kramish. The property
was conveyed to his family trust in 2000, the current owner. The building is structurally sound and is
reasonably well maintained , however the units and major systems have 11ot been updated since
construction . Our plans at this time would be to acquire and totally n.:1~ovate the property, and continue to
own and operate the building as rental housing.
Planned capital improvements and updating in an amount up to $25,000/unit include substantial
~afety and health improvements, including replacement of the original 44-year old elevator. Near-term
planned rehabilitation also includes a number of energy effic :ency up hrades such as replacing single pa11e
aluminum windows and patio doors , replacement of the origmal boi k r. updating and improving unit
function /a ·sthctics , and addres ing exterior repair and maintenance ;tcms such as cracked "tair , walkways .
and roof.'parking lot repairs. Plan s also tentatively in lude creating a 1:indscaped c mmunity courtyard
.irc a by fillin g in thee ·isting in-ground wimmin g po I. Proje ·t fondin g will include c tabli hing
operating and capital improvement reserves to ensure adequate resources for favorable long-term
maintenance and operation of the property.
CHDA 's acquisition/ rehabilitation of the project will bring nearly $3.4 million in new equity and
grant funds, with a minimum amount of debt to improve an existing deteriorating Englewood rental
housing property. Local support is an important precursor for securing funding from public and private
providers of the resources proposed for the project.
The overall project budget is estimated at $4.16 million. The project financing structure includ es a
total of $660,000 HOME funds for acquisition from both Arapahoe County and the State Division of
Housing (DOH); utilization of a previously approved FHLBank Affordable Housing Program (AHP)
grant in the amount of $205,000; estimated permanent financing in the amount of $720 ,000 ; and
approximately $2.45 million in investor equity via an allocation of Low Income Housing Tax Credits.
Funding will also be requested from the Governor's Office of Energy Management for a po1tion of the
cost for energy efficiency improvements and updating .
The apartment building consists of 5 studio, 18 one-bedroom and IO two-bedroom units . Existing
rents range from $400 to $750/unit/month . As of June I , 2007, there were two vacant units in the
property. The current resident population includes a mix of singles , elderly , and small families . Our
proposed acquisition of the property does not add additional affordable rental units to the market , nor does
it require the in-migration of additional low-income residents to ensure ongoing occupancy . Based on
resident income information and conversation with the existing property manager, nearly all current
resid e nts are low-and very-low income, and would qualify to remain in the building under income
targeting (a t or below 60 % of AMI) for the LIHTC, HOME , and other gra nt funding
After project renovation it is our intent to keep rents affordable for modest wage earners with
incomes at 30%, 50%, and 60% of the Area Median Income (AMI). Over 40% of the units will be
av ailabl e to residents earning wa ges that are at th e higher end of the local employment market. The
planned unit mix is a s follows :
20% o r 7 units@ 30 % AMI = wages at or below $19 ,3 50 ($9 .3 0/hr)
37% o r 12 unit s@50 % AMI = wages at or be low $32,2 50 ($15 .50/hr)
43% o r 14 unit s@60% AMI = wages at or be low $38,700 ($18 .6 1/hr)
Consistent with our mission, a portion of the units will be set aside as supportive housing for
special needs residents who are consumers of the CHDA member organizations . These organizations
include Development Pathways , Arapahoe/Douglas Mental Health Network, and Arapahoe House , Inc.
Thi would mean that over time, we would attempt to fill up to seven of the 33 units with residents
receiving ervices from these human service organizations.
Future Development S it e -Four Adjac ent S ingl e-Family Home s
/\I though not a part of this request for support, HOA is also under contract to purchase four
inglc-family homes that are adjacent across the alley to the west of the subject apartments .. 1 he
purchase price for each f the homes is $150,000. The purchase contract for the apartments also include
the 600.000 purchase price for the e homes, resulting in a combined contract price f 2 . 7 million .
Earl , plan for future re-development include p sible con truction f multifamil mi ed-in ome
l"n r-sak ho me s . The se c . i ting ·mall deta hcd h u ing dwellings arc in a eragc t p r onditi n fi r
2
their ages -1905, 1920 and 1954. They are currently owned by the same family trust that owns the
Presidential Arms. The houses are all are currently occupied by tenants. Property inspection reports
indicate needed repairs of approximately $10,000 -$12 ,000/house.
The backyard of the most southern corner house has been paved, and is used as additional parking
for the apartments . The City of Englewood shows no record of a permit being issued for this use .
Resolution of legal use issues will be resolved with the Seller as a condition of closing. As a result , the
property for this corner house may ultimately be added to the legal description for the apartments .
AboutCHDA
CHDA is a nonprofit housing development organization formed in 1995 with the intent of
increasing/preserving the supply of decent safe housing affordable to low-income and special needs
populations in Arapahoe and Douglas Counties. CHDA has developed two apartment properties -one
new construction, and a recent acquisition/rehabilitation that is very similar to the Presidential Arms.
CHDA has been actively but unsuccessfully looking for housing development opportunities in Arapahoe
and Douglas counties for the past two+ years. We pursued the Presidential Arms property in part due to
the Englewood Housing Authority's invitation to work in the Englewood community
CHDA utilizes Ross Management professional property management services for our properties.
Ross Management staff have specialized expertise in managing rental housing properties -including
those serving special needs residents that utilize LIHTC, HOME , and other funding typically used to
facilitate housing affordability. All residents in CHDA-owned properties, including these special needs
residents , undergo rigorous resident qualification evaluation. This includes criminal background checks,
credit histories , and review of previous residency , employment verification, and income qualification .
The residents that come to our properties from CHDA's partner agencies are also screened by
supportive services staff, and deemed highly stable and capable of living in an independent, integrated
housing environment. Ross staff works closely with supportive service staff in placement of our special
needs residents . Case management staff continues to support our special needs residents during their
tenancy in our properties . As a result of these combined efforts , our experience in our two other
properties -Willow Street Residences and Lara Lea Apartments -is that these residents become our
mod e l citizens that are invisible within the property 's non-special needs resident population .
It is our be li ef that the property will have limited appeal to private sector investors, if CHDA does
not acquire and renovate the property. This is due to very limited potential rent growth (current rents are
at the top of the market), the poor condition of units, and the significant amount of capital investment that
would be needed to update units to remain competitive and realize a return. Without significant capital
improvements , the property will continue to deteriorate, attracting an increasingly problematic resident
population .
CHDA 's plans will bring a sizeable investment of new resources to the Englewood community .
These new public and private funding resources will provide for significant long-term improvement of an
aging, existing Englewood rental hou sing property . Property repair, updating, and upgrad es combined
with professional prope11y management and CHDA's long-term ownership will substantially improve
Ii ing condition fore ·isling and future modest-income Englewood re idents, and result in significant
communit benefit fi r year to come .
Thank you for your consideration of this matter. I can be reached at (303) 799-4341 if additional
information is rieeded regarding this request.
Executive Director
Attachment
4
DATA FROM HOUSING MARKET STUDY PREPARED BY PRIOR& ASSOCIATES-JULY 19, 2007
(Prepared for August 2007 Low Income Housing Tax Credit (LIHTC) application)
• The Presidential Arms Apartments is located in the central Englewood submarket, which provides
shelter for low-and middle-income households with retail , service, healthcare , professional and
construction jobs with annual incomes of $17,000 ($8.17/hr) to $40,000 ($19.23/hr).
• The property is located in Qualified Census Tract 0059.51 , with a median income ($31 ,278) that is
48. 9% less than the Denver MSA median ($61 ,190).
• The Housing indicates that the Primary Market Area (PMA) has 16 ,498 inhabitants , with PMA
boundaries defined as follows:
North:
South:
East:
West:
East Yale A venue/Englewood City Limits
West Oxford Avenue
South Downing Street/South Clarkson Street/Englewood City Limits
Santa Fe Drive
• There has been no new apartment construction in the PMA in the last three years, and no large scale
multifamily rental projects (5 or more units) constructed in Englewood since 2001. The PMA ha s no
existing LIHTC projects .
• Terraces on Pennsyl vania is an age -restricted proj ec t that received an alloca t ion of tax cre dits in th e
first round of 2007. The project will contain a total of 62 one -and two-bedroom unit s restricted at
the 40% and 50% AMI thre sholds , but will not compe te directly with the subject for tenants .
• Presidential Arms will target to households w ith one to thre e persons and yearly income between
$11 ,280 ($5.42/hour) and $38 ,700 ($18.61/hour), with the following unit mix :
20% or 7 units @ 30% AMI = wages at or below $19 ,350 ($9 .30/hr)
37 % or 12 unit s@ 50 % AMI = wage s at or be low $32 ,250 ($15 .50/hr)
4 3% or 14 unit s@ 60 % A MI = wages at or below $38 ,700 ($18.61/hr)
• T he Ho usin g Market Stud y concludes th at th e PMA will have 1,737 incom e-and size-qua lifi ed
tenants in 2009 who will account for 21.1 % of the PMA total househol ds, and 42 .6% of its renters .
Other summary demographic data provided by the Housing Market Study are as follows:
• ince 2000, the population has been increasing 0.9% in the PMA, and is projected to increase 0.4%
per year to 16 ,487 by 2012.
• Between 2000 and 2006 the PMA gained 51 househo lds per year, and is projected to gain 56
households per year through 2012 . At completion of renovation projected for 2009, the PMA will
consist of 8 065 households .
• In 2007 , renter compri ed 50 .7% of the hou eholds in the PMA . By 2009 , the PMA will have gained
44 rent r h u chold for a total of 4 ,073 renter households in the PMA .
5
• The 2000 US Census reported that 56.0% of the PMA's renter households had one person , 23.8% had ;
two , 15.7% three or four , and 4 .5% five or more . The subject's units are targeted to 1-3 person
households , indicating that 91 % (3,651) of renter households in the PMA are size quali fled for its
units.
• According to the 2000 US Census, 60.6% of occupied rental units in the PMA had one bedroom or
less , 28.9% had two , 7.8% three, and 2.7 had four or more bedrooms .
• The subject's unit mix of 15% studio units , 55% one-bedroom units, and 30% two-bedroom units is
appropriate for the market area, where 91 % of renter household s have betwe e n one and three pe rsons ,
and the average household size is I . 76 persons.
• 2000 US Census indicated that 30 .2% of renter households in the PMA paid Jess than 20% of their
income for gross rent, 29 .6% paid between 20% and 30%, I 0.2 paid between 30% and 40%, and
26 .1 % paid 40% or more, which represents rent overburden.
• Income/age of renter households in the PMA reported by the 2000 US Census shows 1,861 renter
households under age 55 , 159 renter household s age 55-61 , and 616 renter hou se holds 62+ years olds
that have incomes between $0-$40 ,000.
The Housing Market Study concludes that the subject's target market is underserved by th e lack of
LIHTC units in the PMA. Additionally , the only other planned project in the PMA 's development
pip e line is the age-restricted LIHTC project targeted to senior household s, which w ill not co mp ete
directly with th e s ubject for ten a nt s.
The Housing Marke t Study further concludes that the Presidential Arms can attain it s required market
share because an estimated 87% of its existing tenants will be income-qualified for its unit s after
re novation , therefore it should absorb most of its units with existing tenants. The proposed rehabilitation
will upgrade th e prope rty 's overall condition and improve its marketability with its current te nant based ,
which will require minimal displacement during th e renovation .
Additionally , there are no LIHTC units in the market area indicating that exist in g renter households are
und erserved by income-restri cted units . Because the subject 's post-renovation rents will decrease slight ly
from their April 2007 rent roll averages, they will conti nue to be attainable in the near a nd long terms.
The subject's number of existing income-qualified tenants at the subject coupled with the market area's
projected renter household growth, the Jack of income-restricted units in the PMA, and its slight decrease
in rent should enable the ubject to match it hist rical occupancy rate over the long-term and operate at
93% or better.
Finally , s pecial needs residents erved by I IDA partner agencies typically have extremely limited
incomes , resulting in a strong demand for the 20% special needs set aside units in 1 IDA properties .
C T y 0 F E N G L E W 0 0 D
COMMUNITY DEVELOPMENT
July 30, 2007
RE: Comprehensive Plan Consistency
Presidential Arms Apartments Acquisition/Rehabilitation, Englewood, Colorado
To Whom It May Concern:
This letter serves as confirmation that plans by the Community Housing Development Association,
Inc. (CHDA) to acquire, rehabilitate, and operate the Presidential Arms Apartments as affordable
rental housing for very-low and low-income and special needs residents is consistent with Roadmap
Englewood, the City's 2003 Comprehensive Plan. Specifically, Roadmap Englewood set forth the
following:
HOUSING GOALS AND OBJECTIVES
The City of Englewood recognhes the need to work towards increasing the diversity of the city's
housing stock. Housing is necessarily varied in type, but also in size and cost th at appeals to a wide
range of household sizes, specia l needs, age groups, preferences and budgets.
Goal 1
Promote a balanced mix of housing opportunities serving the needs of all current and future
Englewood citizens.
Obj. 1-1 Provide for affordable housing for low-and moderate-income groups including workforce
housing, accessory living units, and efficiency units.
Obj. 1·2 Encourage housing that serves different lifecycle stages including housing for singles,
coupl es, small and large families, empty nesters, and the elderly.
Obj. 1·3 Encourage housing investment s that improve the housing mix, including both smaller and
larger unit sizes, and a wider range of housing types . including single-family, duplex, town home,
and condominium units .
Obj . 1-4 Encour,,ge housing investments that accommodate groups with special needs, including
independent and assisted living, as well as full time nursing care.
Please feel free to contact me at 303 762-2341 or at hstitt@englewoodgov.org if you have
questions, or need further information on this matter.
Sincerely,
114ofJit-
Harold J. Stitt, AICP
A ting ommunity D lopment Dir c tor
10 0 En I , ood P """ En I PHO 303 -762 -23 2 FA 03 ·783-6895
Investment Highlights
P nce: $2,200 ,000
Price per Unit: $66,667
Cap Rate (Pro Forma): 5.3% (6 .7%)
• Improving Rents and Additional Upside
• High Visibility Location
• One Block from Swedish Medical Center,
Englewood's Largest Employer
• Close to Light Rail and Downtown Denver
• Great Unit Mix
• Variety of Amenities, including a Pool,
Fireplaces and Balconies
• On-Site leasing Office
• Well Maintained by local Owner
has been secured fro m sources we believe to be rdiab k. but we make no r~rcsentations or warran ties . expressed or imp lied . as to the ac curac y o f the in fo nnation. Rd'eren ces to sq uare foot age or age are
c Buyer mu5I ,cnfy the information and bears all risk for any inacc urac ies .
Price $2 ,200 ,000 Current Proforma
Price Per Unit $66 ,667 CAP Rate 5 .3% 6 .7%
Net Sq. Footage 21,452 GRM 9 .8 8 .8
Price per Sq. Fl $102 .55 Cash on Cash 1 .4% 5 .5%
Lot Size (Sq. Ft.) 14,400 Year Built 1963
The Presidentia l Arms Apartments is a 33-un it buil d ing w ith an attractive mix
of spacious stud io , one, and two-bedroom u nits . The property has
consiste ntly-low vacancy rates , w ith especially high dem and for the 18 un its
pr iv ate balconi es . Englewood 's average vacan cy rate of 5 .1 % is well
ow the 6 . 7% metro Denver average reported for the th ird quarter of 2006
by the Apa rtm e nt Associatio n of Metro Denver.
The buil ding o ffe rs a var iety of amenit ies . There is off-street parking for 22
ehtcl es, a sw imming pool , an elevator and a la u ndry ro om . Bu il d ing income
,s enhanced by the new washers and dryers owned by the property. There is
so a 335 square foot leas ing office that could serve as a fi tness center or
community room . The Presidentia l Arms Apartm en ts has been well -
m a ,ntained w ith extensive cap ital improvements in the past th ree years .
eel for $2,200 ,000, whi ch equates to $66.667 per unit , the property is
-pnce rela ti ve to recent sales in th is highly des irabl e neighborhood . The
ing 's financial performance will continue to improve as rents increase
·1th lease renewals .
F•nancing Ava il able : Wash ington Mutua l, 65 % LTV , fi xed at 6 .25 %, 30
term & a m ortiza ti on .
No. Of Units Bdr/Baths Sg.Ft./U Current Rents Proforma Rents
5 Studio 450
9 1 Bdr 1 Bath 600
9 1 Bdr w/ Balcony 625
10 2 Bdr 1 Bath
Gross Potential Rent
Plus : Other Income
Gross Potential Income
Less : Vacancy/Deductions
Effective Gross Income
Less : Expenses
Net Operating Income
Less : Debt Service
Net Cash Flow after Debt
Plus : Pr inciple Reduction
Total Return
OPERATING EXPENSES
Taxes & Insurance
Util it ies
Water, Sewer & Trash
Management, Admin & Leasing
Advertis ing
Repa irs & Maintenance
Total Expenses
Expenses per Unit
Expenses per Sq . Ft.
812
5%
1 .4 %
3 .6 %
$
$
$
$
Current
$ 225,420
$ 6,963
$
.$
$
.$
$
i
$
.$
$
$
$
$
$
$
.$
232,383
11,271
221,112
104,428
116,684
105,657
11,027
16,757
27,784
Current
12,650
30,484
19,680
14,863
1,586
25.167
$ 104,428
$
$
3,164
4 .19
425
510
564
700
$ 450
$ 575
$ 625
$ 778
Pro Forma
$ 249,900
$ 6,963
$ 256,863
5% $ 12,843
$ 244,020
$ 95,814
$ 148,206
$ 105,657
5 .5% $ 42,549
$ 16,757
7.7 % $ 59,305
Pro Forma
$ 12,650
$ 30,484
$ 19,680
$ 15,601
$ 900
$ 16,500
$ 95,814
$
$
2,903
3 .84
""'has been secured from so urc es we bchc,c to be reliable. but we make no re p resentatio ns or warranti es. exp ressed o r impli ed. as to th e accuracy o f the infonnati on. References lo square foo tage or age arc
Buyer must vcnfy the informat ion and bears all ris k for any inaccuraci es .
Parcel Nu mber f2077 -03 -1 -0 2 -008
O wn e r N a me IKRA r.llS H. DAVID & GU BER. ST EVEN
ap Prof iles j P,o fil e _1 3
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Situs Address f 3593 $ PEARL ST
City , State, Zip !ENGLEWOOD
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--------------------------------
....
325 Inverness Drive South
Englewood. CO 80 I I 2
Community Housing
Development Association, Inc .
A Need in the Community
Creating quality supported living opportunities for people in the south
metro Denver area with modest means.
Stable affordable housing provides an important foundation for the economic and social well being of
individuals, families, and the communities in which they live . However, the market response to housing has
traditionally targeted higher income consumers. As a result, there has long been a significant demand for
housing that is affordable to households with modest means . Housing also frequently presents complex
challenges for individuals and families impacted by developmental disabilities, mental illness, and/or substance
addiction.
CHDA Mission Statement
The purpose of the Community Housing Development Association (CHDA) is to provide quality, service-
supported living opportunities for people with modest means and those with developmental disabilities, mental
illness and/or substance addiction in the south metro Denver area .
CHDA -History and Services
CHDA was formed in 1995 through the collaboration of three human service organizations:
Arapahoe/Douglas Mental Health Network -is a community mental health center that provides professional ,
comprehensive mental health care and substance abuse treatment mainly to communities of Arapahoe and
Douglas County. Founded in 1955, the organization offers adult outpatient services; child and family services;
residential treatment services; substance abuse treatment services for adults and adolescents;
recovery/rehabilitation services; case management; medication services and a pharmacy.
Arapahoe House, Inc. -founded in 1975 as a detoxification program facility, and has since grown to become
Colorado's largest provider of alcohol and drug treatment services, and services to clients with co-occurring
substance abuse and mental illness . These include an array of intensive and transitional residential programs,
outpatient clinics, and intensive case management services, with separate programs available for adolescents and
ad ult s.
Developmental Pathways -created in 1964 as a commu nity -based a lternative to institutional care for persons
with developmental disabilities . Over time, "Pathways" has developed a broad array of services based on the
principle that full inclusion and participation in community life is attainab le for every individual with a
developmental disability .
CHDA dedicates 20% of the units in its properties individuals supported by its partner agencies. These resident s
receive suppo11ive servic s designed to address health, employment, transpo11atio11, daily living skills which
assist residents ueceed at living in an integrated, independent community environment.
Housing Development nntl Opcmtions
1 IDA developed the 80 -unit Will ow treet Residences in 2000, and completed acquisition/rehabilitation of the
36-unit Lara Lea Apai1ments in 2006. All units are affordab le to residents earning 60% of Area Median Income
(AMI) and below. Twenty percent of the units are occupied by HDA partner agency consumer . HOA i
c urrently in the pro ess e panding it housing portfolio and program ervicc,.
For more infornrntion ,,1 'it our web itc at ww, .co 1111111111il -housing.on,: or contact Jo Ellen David on,
Executive Director ut (303) 799-4341.
'0\1'11 11 \ llm M (; n, ""' 01' II . 'I ,,o 'I fl() ' ( Ill> ) • 2007
PROPERTY ACQUISITION/DEVELOPMENT CRITERIA
The parameters and criteria that guide CHDA's identification/evaluation of housing development opportunities
are shown below.
Project Type: Development of new multifamily rental housing units (land acquisition/
development), or acquisition/rehabilitation of existing multifami ly rental units.
Mixed commercial/residentia l deve lopment okay, especiall y those providing
access to employment centers, transportation, shopping, schools, services, and
recreation .
Project Size: 40 -200 units
Loca tion : • Arapahoe Coun ty except the City of Aurora (includes Centennial, Cherry
Hills Village, Englewood, Greenwood Vi ll age, Littleton, Sherid an, Buyers,
Deer Trai l, and Lone Tree.)
• Strong interest in Littleton, Englewood, Centenni::}I, and surrounding areas
Other Locatio n • Near transportation, employment centers, schools, retail, health care, and
Considerations: recreational facilities
• Social/program concerns -not in areas with extreme social challenges -
drugs, blight, crime
• Marketability of propetty after (re-)development.
Price: $50,000+/-per unit (depends on overall project -needed rehab, financing options,
program issues)
Targeted Residents: • Families (limited number of 3+ bedroom units)
• Individuals -small households (studio, 1-and 2-bedroom)
• Seniors -independent
• Special ne eds populations -accessibility/adaptability
• Very-low income -Section 8 Vouchers
Program Elements: • Case mana ge ment/suppo1iiv e se rvic es beyo nd 2 0% set aside
• Co llaborative service d e liv ery -other organizations
• Urban renewal -blighted areas
• Mixed -use commercial/residential
Other : 2 0% of units in CHDA projects are et-aside for vulnerable population , including
tho e wi th Developmental Di sab iliti e , per on recovering from s ub tan ce
addicti o n, and/or th o e with me nt a l illn e s. A ar ult , HOA projects s hould be
located in area th at aid in th e safety/succe of the e individuals living
independently in an integrated community.
0 I ll II\ IIOl SI ; Ot \'ti II f HD -l
Willow Street Residences
Property Description:
Targeted Income -All
units reserved for very-
low inco me ho useho ld s.
Resident Profile
80-u ni t a part me nt pro pe ,ty c on stru cted in 2000 cons isti ng of:
32 o ne-bed roo m unit s
40 two-bedroom units
8 three-bedroom units
UNIT MIX
16 units at 30% AMI
24 units at 40% AMI
21 units at 50% AM I
18 units at 60% AMI
1 Manager Unit
MAXIMUM RENT RANGE (2006)
$403 -$559
$537 -$745
$671 -$931
$806 -$1,118
Actual rents-$335-$930
Actual average rent -$553
• Property erves individuals and families earning between
$6,400 ($3 .08/hour) and $31 ,250 ($1 5 .02/hour) depending on
hou ehold size .
O IMI t 11 \' HOl f.'I ' 0 V.:U)P u: ' A ' 10 ( HOA)· 2 7 3
• Twenty percent of units set aside for clients of three partner
agencies -Developmental Pathways, Arapahoe House, and
Arapahoe/Douglas Mental Health Network .
Project Development • Total development costs of$7.9 million ($99,000+/unit)
Summary
• Time in development approximately 3 years .
• Project funding included:
-Construction and permanent financing from US Bank;
-Equity from US Bancorp Community Development
Corporation via Low Income Housing Tax Credits;
-Arapahoe County CDBG and HOME funds;
-Colorado Division of Housing HOME funds;
-Federal Home Loan Bank Affordable Housing Program grant.
• Project was I 00% leased within first two months after
completion at the end of 200 I.
• Current occupancy 98+% -primarily very-low income
residents (less than 50% AMI).
HDA)-l 7
(
Lara Lea Apartments
Property Description:
Targeted Income -All
units reserved for very-
low income households.
R ident Profile
O I ll 'IT\' HOt I
36-unit apartment property acquired (2005)/rehabilitated (2006)
consisting of:
29 one-bedroom units
5 two-bedroom units
2 three -bedroom units
UNIT MIX
4 units at 30% AMI
13 units at 40% AMI
17 units at 50% AMI
2 units at 60% AMI
MAXIMUM RENT RANGE (2006)
$403 -$559
$537 -$745
$671 -$931
$806 -$1,118
Actual rents-$377-$725
Actual average rent -$546
• Property rve individual and familic earning betw n
$7 ,100 ($3 .41/h ur) and $28 ,600 ($1 .75/h ur d pendin n
h u hold ii.e .
IO ( HDA)-l 7
• Twenty percent of units set aside for clients of three partner
agencies -Developmental Pathways, Arapahoe House, and
Arapahoe/Douglas Mental Health Network.
Project Development • Total development costs of$3.56 million ($99,000/unit)
Summary
• Time in development approximately 2 years .
• Project funding included:
-Acquisition and permanent financing from Colorado State
Bank & Trust;
-Equity from US Bancorp Community Development
Corporation via Low Income Housing Tax Credits;
-Arapahoe County and Colorado Division of Housing HOME
funds;
-Federal Home Loan Bank Affordable Housing Program grant,
-Patient investment from the Littleton Housing Authority.
• Full renovation -roof to landscaping; health and safety;
energy efficiency; function; and aesthetics.
• Recently awarded grant from Governor's Office of Energy
Management to install new high efficiency boiler. '
• Project was 100% leased within first four months after
completion . ..,
• Current occupancy I 00% -primarily very-low income
residents (less than 50% AMI).
Olll ITIH ) • 2 7 6
-----Original Message-----
From: PATRICK RINGENBERGER [mailto:pjrturf@msn.com]
Sent: Friday, July 13, 2007 5:37 AM
To: Audra Kirk
Subject: RE: Keep Englewood Beautiful
Audra and KEB members,
I apologize for my unprofessionalism and really would enjoy being part of our city
government in the future, but now is not a good time.
As of today July 13th 2007 I am resigning from KEB.
My wife and I had a healthy boy on April 11th everything is great and right now that's
where my priority is.
Thank you,
Patrick "P J" Ringen berger
Subject: Keep Englewood Beautiful
Date : Wed, 11 Jul 2007 10:32:38 -0600
From: AKirk@englewoodgov .org
To: pjrturf@ msn.com
Hi PJ,
I've noticed that you have missed several meetings. Do you still want to be a member?
If you want to resign, would you please email me a short resignation letter?
Thanks so much.
Audra L. Kirk
Planning Technician
City of Englewood
akirk@englewoodgov .org
8a
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 9 a i Intergovernmental Agreement with Arapahoe
County for Coordinated Election Services
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
Election Commission/City Clerk's Office Loucrishia A. Ellis, City Clerk/Election
Commiss ion Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated elections
for every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Staff re comm ends that C ity Council adopt a Bill for an Ordinance authorizing an intergovernmental
agreement between the City of Englewood and Arapahoe County for the November 6, 2007
Coordinated Mail Ballot Elect ion .
Because of State Legislation and the Taxpayer's Bill of Rights {TABOR) amendment approved by the
voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks .
Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on
November 6, 2007. The County has the capability of coordinating this election and including the
C ity of Englew ood.
The Elec tion Commiss io n ag rees th at it is in th e b es t interes t of th e elect ors of Englewood to
con du ct fu tu re elect io ns jointly w ith th e oth er p o litical entities w ithin th e County. In order to
participate in the 2007 coordinated election, the City of Eng lewood m ust enter into an
intergovernmental agreement with Arapahoe County.
Staff has reviewed the proposed intergovernmental agreement and concurs with the Commission's
recommendation .
FIN ANCIAL IMPACT
Since cos ts are based on several variables, e.g. the number of registered electors in the City of
nglewood at th e time of the election, the number of ballot questions, the number of entities
parti ipating in th ele tion, the financial impact is only an estimate. Based on the known facts, th e
o t of th e 2007 municipal I tion has been budgeted at $25,000.
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
ABll..LFOR
COUNCU.. Bll..L NO. 46
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT
BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY,
COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND
RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED ELECTION ON NOVEMBER 6, 2007.
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title
1, C.R.S.) as amended, governmental entities are encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in
conducting coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is
in the best interest of the taxpayers and the electors to conduct a coordinated election for
the November 6, 2007 election; and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their
respective responsibilities for the coordinated election pursuant to the Intergovernmental
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement for Coordinated Election is attached
hereto as "Exhibit A". The Intergovernmental Agreement for Coordinated Election is
hereby accepted and approved by the Englewood City Council.
-1-
----
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 9 a i Intergovernmental Agreement with Arapahoe
County for Coordinated Election Services
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
Election Commission/City Clerk's Office Loucrishia A. Ellis, City Clerk/Election
Commission Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated elections
for every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Staff recommends that City Council adopt a Bill for an Ordinance authorizing an intergovernmental
agreement between the City of Englewood and Arapahoe County for the November 6, 2007
Coordinated Mail Ballot Election .
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the
voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks .
Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on
November 6, 2007. The County has the capab ility of coordinating this election and including the
City of Englewood.
The Election Commission agrees that it is in the best interest of the electors of Englewood to
condu c t future elections jointly with the other political entities within the County. In order to
par ti ci pate in th e 2007 coordinated election, th e City of Englewood must enter into an
intergovernmental agreement with Arapahoe County.
Staff has reviewed the proposed intergovernmental agreement and concurs with the Commission's
recommendation.
FINANCIAL IMPACT
in e osts are ba d on several variables, e.g. the number of registered electors in the City of
ngl wood at th tim of th e election, the number of ballot questions, the number of entities
parti ip tin g in th I ti on, the financial impact is on ly an es timat e. Based on the known facts, th e
o t of th 2007 muni ipal I ction has b n budgeted at $25,000.
----
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
D
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
ABll..LFOR
COUNCll.. Bll..L NO. 46
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY,
COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND
RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED ELECTION ON NOVEMBER 6, 2007.
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title
1, C.R.S.) as amended, governmental entities are encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in
conducting coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is
in the best interest of the taxpayers and the electors to conduct a coordinated election for
the November 6, 2007 election; and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their
respective responsibilities for the coordinated election pursuant to the Intergovernmental
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement for Coordinated Election is attached
hereto as "Exhibit A". The Intergovernmental Agreement for Coordinated Election is
hereby accepted and approved by the Englewood City Council.
-1-
~---
0
Section 2. The Mayor and City Clerk are authorized to sign and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 6u, day of August , 2007.
Published as a Bill for an Ordinance on the I 0th day of August, 2007.
Olga Wolosyn, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full,
and passed on first reading on the 6th day of August, 2007 .
Loucrishia A. Ellis
-2-
INTERGOVERNMENTAL AGREEMENT
FOR COORDINATED ELECTION
ARAPAHOE COUNTY
NOVEMBER 6, 2007
(Election)
This Intergovernmental Agreement is entered into by and between the Board of County
Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and
Recorder (hereinafter jointly referred to as the "County") and the
_______ c_i_ty_o_f_E_n_g_le_w_o_o_d ________________ (hereinafter
referred to as the "Political Subdivision" and/or "jurisdiction").
WHEREAS, pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections
in order to reduce taxpayer expenses; and
WHEREAS, the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors to conduct a Coordinated Election on November 6, 2007;
and
WHEREAS, the County and the Political Subdivision desire to set forth their respecti}e
responsibilities for the Coordinated Election pursuant to this Intergovernmental Agreement. ,
NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as follows :
1. The November 6, 2007 election shall be conducted as a Coordinated Election in accordance
with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S .). The election
participants shall be required to execute agreements with Arapahoe County for this purpose
and may include municipalities, school districts and special districts within the Arapahoe
County limits and the State of Colorado .
2. The November 6, 2007 election shall be conducted by the County as a mail ballot election .
3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election
Official and the Political Subdivision hereby identifies Loucrishia A. Ellis. City Clerk
as its Designated Election Official.
4 . The County shall perform the following tasks in relation to said election, to wit:
a. Negotiate an agreement for the printing of the official ballots .
b. Provide a copy of the ballot layout and the text of th e official ballot to th e designated
election official for proofreading before authorization to begin printing of all ballots.
C.
d.
Certify the complete number of registered electors within the Arapahoe County portion of
the Political Subdivision no later than October 17, 2007 .
Provide a copy of the political subdivisions' legal boundaries as defined in the
Arapahoe c~·unty Street List Locator no later than July 30, 2007.
e. Provide support on the date of the election by telephone an d in person , should the need
arise , until counting of the ballots is comple ted .
f . Provide uno ,cial results of the election on election night by telephone or by facsimile
tr n mitt I upon r u s .
I!
X
H
I a
I
T
A
g . Main t ain a lis t of actual voter s from the Novembe r 6, 2007 electi on , and up on reques t ,
generate a print ed list of the per sons who vot ed following the e lectio n. Th e cos t will be
$.005 (1/2 cent) per name .
h. Store all voted ballots for a minimum of 25 months, and all other materials require d by law
(Section 1-7-802, C.R.S .) to be saved, in such a manner that they may be ac cesse d by th e
participating jurisdiction, if necessary, to resolve any challenge or other legal qu es tion s th at
might arise regarding the election .
i. Keep a careful and accurate accounting of time, supplies, printing costs and salaries
attributable to the County's admini stration of the election for the jurisdiction . The
participating jurisdiction's proportional share of actual costs shall be ba se d on County
expenditures relative to the November 6, 2007 election .
j . Appoint, compensate , in struct and oversee the board of canvassers .
k. Appoint, compensate, instruct and overs ee the judges of the election .
I. Publish and post the required legal notice pursuant to C.R.S . 1-5-205 that is publish ed no
later than 10 days prior to the election for the jurisdiction's ballot issues, ballot question s
and/or candidates .
m . No later than 20 days prior to the election, provide the participating jurisdiction test ballots
of the jurisdiction's ballot style(s) to allow for testing of electronic vote -counting equipment.
~=-==EAron;Q -~air=ba+1:tp"ai9n =Pr~ioo:-AGt €i°ittiele ~ ef "'R9e=!F, =tr.ltS.fas=if reate~ w-= tne
No\femberl3,-20G-?-etection .
o. Provide and operate the County's electronic vote -counting equipment. There will be no
charge for the pre-election preventative maintenance on the electronic vote-counting
equipment for this election cycle .
5. The Political Subdivision shall perform the following tasks in relation to said election , to wit:
a. Certify the candidates, if applicable, and the list of ballot issues and/or ballot questions or, a
diskette or by email (with receipt confirmed by the County Election Department) in Microsoft
Word format along with a paper copy no later than 4 :00 p.m . on September 7, 2007 . The
ballot content must be certified in the order in which it will appear on the ballot. The
ce rtified list of candidates , ballot issues and/or ballot questions shall be final and the
Cou nty will not be respons ible for making any changes after the certification .
b. With in o ne day of recei pt , proofre ad the la yout and the text of the juri sdi ction's portion of
the official ba llots b efore authoriz ing th e pri ntin g of all ballots .
c. Publish and post any required legal notices for the jurisdiction's candidates, ballot issues
and/or ballot questions, other than the notice required by C .R.S. 1-5-205 that is published no
later than 10 days prior lo the election . A copy of such published legal notice shall be
submi tted to the County for its records .
d. Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for
tes ting the electronic vote counting equipment, no la ter than October 19, 2007 .
e . Remit payment directly to Arapahoe County within 60 days of billing for its prorated share
of ALL C O STS relating to the printing and mailing of ballots and all other election expenses
described in Section 4.
f. Compl y with th e provisions of the Uniform Election Code of 199'h~Articles 1-13 of Title 1,
C.R.S .), and th e time guidelines schedule -es--etteched -her-etX~s the se relate to th e
Novernb r 6, 2007 elect io n. The Political Subdivision shall notify the County of ny
c ption no I ter than 29 day s prior to th e election .
t Th Politic I Su bdivision shall defend and resolve at its sole expense all ell llcng s r I t,v
o th ~. nd1d tes . ballot issu s nd/or b llol questions c rtifi d to th C un y fo r
m .lu ., n in ti Nov mb r , 2007 Coord1n t d I ction .
l
h. Submit to the County a map identifying the participating jurisdict ion 's boundaries no later
than July 27 , 2007 .
i. Certify to the County, no later than August 20 , 2007 , the pol it ical subd ivisions ' legal
boundaries from the Street List Locator provided to the polit ical subdivision on July 30,
2007 .
%f.--~...d~--a-:remfied::~upy-w.ioo--propt,i:ty""-OWR"BT~..ftst--:fo~1-h-a::p~Cc*-S:00Gfvfs+ofi ,
{if ,deeffie€1--applieable-}.-tl'lat-t'las-beert-re'tiewed-ag-a-fftst-the-'ffltef-registFation-reeor-ds-ifrt-he
-off-ice-of-the-A-rap a hoe-Bo t:1nty-€ierk-and--Recorder.
k. Deliver all requests for absentee ballots to the County for processing . Such requests shall
be delivered or faxed daily to the Arapahoe County Clerk and Recorder's office .
6. The Political Subdivision avers that it has sufficient funds available in its approved budget to
pay its prorated election expenses for the November 6, 2007 Coordinated Election .
7. Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation
thereof shall be governed by the laws of the State of Colorado .
8 . Should any provision of this Intergovernmental Agreement be determined by a court of
competent jurisdiction to be unconstitutional or otherwise null and void: it is the intent of the
parties hereto that the remaining provisions of th is Intergovernmental Agreement shall be of
full force and effect.
9. Notices to be provided under this Intergovernmental Agreement shall be given in writing either
by hand delivery or deposit in the Un ited States mail, certified mail , return receipt requested,
with sufficient postage , to the following persons :
Nancy A. Doty DEO Name: Loucr i shia A. Ellis
Arapahoe County Clerk and Recorder Title: City Clerk
5334 South Prince St. Address: 1000 Englewood Parkway
Littleton , Colorado 80166-0211 City, St, Zip: F,odewood, co 80110
1 O. This Intergovernmental Agreement may not be modified, amended or otherwise altered unless
mutually agreed upon in writing by the parties hereto .
ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Frank Weddig, Chair
AITEST:
Date
Nancy A. Doty, Coo r di n ated El ection Official Date
JURISDICTION NAME: _________________ _
By Date
Title
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 41
INTRODUCED BY COUNCIL
MEMBER BARRENTINE
AN ORDINANCE AUTHORIZING THE "CONTRACT FOR DEED" FOR THE PURCHASE
OF DUNCAN PARK LOCATED AT 4846 SOUTH PENNSYLVANIA STREET BETWEEN
THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL
DISTRICT NO. 1.
WHEREAS, in 2006 the Englewood School Board voted to sell the Duncan Park property; and
WHEREAS, Duncan Park is the only Park located in the Southeast quadrant of the City of
Englewood; and
WHEREAS, the Englewood City Council negotiated an agreement with the Englewood School
District for the City's purchase of Duncan Park; and
WHEREAS, the City intends to acquire this property with monies received as grants from
Arapahoe County Open Space and Great Outdoors Colorado; and
WHEREAS, under the "Contract For Deed" the Englewood School District will retain control and
ownership of the Duncan School building through the year 2010;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The "Contract For Deed" between Arapahoe County School District No. 1 and the
City of Englewood, Colorado fo r the purchase of Duncan Park, attached as "Exhibit 1 ", is hereby
a ccepted and approved by the Englewood C ity C ouncil.
Section 2 . The M ayor is authorized to execute and the City Clerk to attest and seal the "Contract
For Deed" for and on behalf of the City of Englewood, Colorado.
I ntroduced, read in full, and passed on firs t reading on the 16th day of J uly, 2007 .
9bi
Published as a Bill for an Ordinance on the 20 111 day of .July, 2007 .
Read by title and passed on final reading on the 6th day of August, 2007.
Published by title as Ordinance No._, Series of 2007, on the 10th day of August, 2007.
Olga Wolosyn, Mayor
ATfEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2007.
Loucrishia A. Ellis
'
CONTRACT FOR DEED ·
THIS DAY this Contract For Deed, hereinafter referred to as the "Contract", is
entered into by and between ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, of
4101 South Bannock Street, Englewood, Colorado 80110, County of Arapahoe,
hereinafter referred to as "SELLER", and THE CITY OF ENGLEWOOD, of 1000
Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as
"PURCHASER", on the tem1s and conditions and for the purposes hereinafter set fo1th :
1.
SALE OF PROPERTY
For and in consideration of the payments and other valuable considerations set
forth herein, the receipt and sufficiency of which is hereby acknowledged, Seller does
hereby agree to convey, sell, assign, transfer and set over unto Purchaser, the following
property situated in Arapahoe County, State of Colorado, said property being described
as follows:
Consisting ofLots, 1, 2, 3, 4, 5, 6, 7, 8, 9, 28, 29, 30, 31, 32, 33, 34, 35 and 36
Block 1: Harper Subdivision;
As shown on attached Exhibit A , and referred to in this Contract as the
"Property";
also known as: Duncan Park
4846 South Pennsylvania Street
Englewood, Colorado 80113
together with all interests of Seller, all improvements thereon and all attached fixtures
thereon;
SUBJECT TO all recorded easements, rights -of-way, conditions, encumbrances
and limitations and to all applicable building and use restrictions, zoning laws and
ordinances, if any, affecting the Property.
2.
PRIOR TO EXECUTION
Evidence of Titk:
a . Evidence of Title. On or before the execution of this Contract, Seller shall
cause to be furnished to Purchaser, at Seller's expense, a current
commitment for owner's title insurance policy (Title Conunitment) in an
amount equal to the Purchase Price. At Seller's expense, Seller shall cause
the title insurance policy to be issued and delivered to Purchaser at the
execution of this Contract. If a title insurance commitment is furnished, it
hall commit to delete or insure over the standard exceptions which relate
to :
(l)
(2)
(3)
parties in pos e sion,
unrecorded ea ements,
urv y matters ,
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(4) any unrecorded mechanics' lien s,
(5) gap period (effective date of commitment to date deed is
recorded), and
(6) unp a id taxes, assessments and unredeemed tax sales .prior to the
year of Closing.
b. Copies of Exceptions. On or before the execution of this Contract, Se ller, at
Seller's expense, shall furnish to Purchaser, (I) a copy of any plats,
declarations, covenants, conditions and restrictions burdening the Property,
and (2) copies of any other documents ( or, if illegible, summaries of such
documents) listed in the schedule of exceptions (Exceptions). This
requirement shall pertain only to documents shown of record in the office of
the clerk and recorder in the county where the Property is located. The
abstract or title insurance commitment, together with any copies or
summaries of such documents furnished pursuant to this section, constitute
the title documents ("Title Documents").
Title and Survey Review:
a . Title Review. Purchaser shall have the right to inspect the Title Documents.
Written notice by Purchaser of unmerchantability of title, form or content of
Title Commitment or of any other unsatisfactory title condition shown by
the Title Documents, shall be signed by or on behalf of Purchaser and
delivered to Seller within 14 calendar days after receipt by Purchaser of the
Title Documents or endorsement to the Title Commitment. If Seller does
not receive Purchaser's notice by the date specified above, Purchaser
accepts the condition of title as disclosed by the Title Documents as
satisfactory. Purchaser shall have 14 calendar days after receipt of any
changes to the Title Documents to give notice of any unsatisfactory title
condition to the Seller.
b. Matters Not Shown by the Public Records . Seller shall deliver to Purc haser,
on or before th e exe cution of the Contract, true copies of all leases and
s urveys in Seller's po ssess ion perta ining to the Property a nd sha ll di sc lose
to Purchaser a ll easeme nt s, liens (inc lud ing, without limitation,
governmental improvements approved, but not yet installed) or oth er tit le
matters (including, without limitation , rights of first refusal and options) not
shown by the public records of which Seller has actual knowledge .
Purchaser shall have the right to inspect the Property to investigate if any
third party has any right in the Property not shown by the public records
(such as an unrecorded casement, unrecorded lease, or boundary line
discrepancy). Written notice of any unsatisfactory conditio n disclosed by
Se ll er or revealed by such inspection, shall be signed by or on behalf of
Purchaser and delivered to Seller within 14 calendar days of Seller's
inspection . If Seller docs not receive Purchaser's notice by said date,
Purchaser accepts title subject to such rights, if any, of third parties of which
Purchaser has actual knowledge .
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c . Survey Review and Conditions on Survey. Seller shall obtain a new survey
and Purchaser shall have the right to inspect the Survey . If written notice by
or on behalf of Purchaser of any unsatisfactory condition shown by the
Survey, is received by Seller within 14 days of receipt of Survey, then such
objection shall be deemed an unsatisfactory title condition. If Seller does
not receive Purchaser's notice, Purchaser accepts the Survey as satisfactory.
d. Right to Object, Cure. If Seller receives notice ofunmerchantability of title
or any other unsatisfactory title condition or commitment terms , Seller shall
use reasonable efforts to correct said items and bear the expense to correct
the same prior to Closing. If such unsatisfactory title condition is not
corrected to Purchaser's satisfaction, this Contract shall terminate; provided,
however, Purchaser may, by written notice received by Seller on or before
Closing, waive objection to such items.
3.
PURCHASE PRICE AND TERMS
The purchase price of the Property shall be $1,200,000 .00. The Purchaser does
hereby agree to pay to the order of the Seller the sum of not less than $266,667 .00
Dollars upon execution of this Contract, with the balance of $933,333.00 being due and
payable on or before December 31, 20 l 0. Amounts received by the City as grants for
this purchase from Arapahoe County Open Space and Great Outdoors Colorado
("GOCO") shall be paid in installments when received.
4.
DEED AND EVIDENCE OF TITLE
At the time of the execution of this Contract and payment of $266,667.00, a
general warranty deed to Lots 1, 36, 2 and 35 as shown on Exhibit A shall be given to the
City of Englewood. Upon each additional payment of $66,667 .00, a general warranty
deed for an additional lot shall be given to the Purchaser. Payment for the lots shall be
applied in the following order: Lots 9, 2 8, 8 , 29, 7, 30, 6 and 31. The final payment of
$399,997 .00 made shall be for Lots 3, 34, 4, 33, 5, and 32 . Payments on lots may be
made at any time. Each conveyance shall be free and clear of any liens or encumbrances.
5.
DEFAULT
If the Purchaser shall fail to perform any of the covenants or conditions
contained in this Contract on or before the date on which the performance is required,
the Seller s hall gi ve Purchaser noti ce of default or performance, sta ting the Purchaser is
allowed 14 days from the date of the Notice to cure the default or performance . In the
event the default or failure of perfonnance is not cured within the 14 day t ime period,
then Seller s hall give the Purchaser a written notice specifying the failure to cure the
default and informing the Purchaser that if the default co ntinues for a period of an
additiona l 15 days after service of the notice of failure to cure, that without further
n tic , thi ontra ct shall stand cancelled and tho e lots that have not been deeded sha ll
r main with the eller and the Seller may, at its sole di crction, repurchase any lots
previously de ede d by the Seller to the Purcha ser in th e amount of $66,667 .00 for ea ch
lot, fr ee and clea r of all liens and encumbrances .
6.
SECURITY
This Contract shall s tand as security of the payment of the obligations of
Purchaser.
7.
MAINTENANCE OF IMPROVEMENTS
The Seller shall maintain and be responsible for the building currently
housing All Souls School located on the Property through and up to the time of the
last payment pursuant to Sections 3 and 4. Prior to the conveyance of Lots 3 , 34,
4, 33, 5 and 32, the Seller shall terminate any lease with any tenant(s) on the
Property. The Seller shall be entitled to all rents collected from such tenant(s).
Purchaser shall not commit, or suffer any other person to commit, any
waste or damage to said premises or the appurtenances and shall keep the premises
and all improvements in as good condition as they are now.
8.
CONDITION OF IMPROVEMENTS
Purchaser agrees that the Seller has not made, nor makes any representations or
warranties as to the condition of the premises, the condition of the buildings,
appurtenances and fixtures located thereon, and/or the location of the boundaries.
Purchaser accepts the Property in its "as-is" condition without warranty of any kind .
Walk-Through and Ve rificat ion of Condition :
Purcha se r, upon re asonable notice, shall have the ri ght to walk throu gh
each lot of th e Property prior to execution of this Contract to verify that th e
phys ic al conditi o n of the Property a nd inclu s ions comply with this Contract .
P urc hase r s ha ll a lso be e ntitle d to perfo rm s uc h e nvi ro nm enta l tests it d eems
necessary during the term of t his Contract to obtain grants for the purch ase of the
Propt:rty . And, if the cost to cure any environmental contamination excc1;ds
$100,000.00 U.S., the Purchaser shall have the righ t to tenninale this Contract
without further obligation.
9.
PO S ES ION OF PROPERTY
Purchaser shall take possession of the Lo ts on the Property as th ey are purchased
and paid for under this ontract, and shall continue in the peacefu l enjoyment of the
Propcriy so long as all payments due under t he terms of this on tract are timely made.
Pur ha er agrees to keep the Properiy in a good state of r pair and in the event of
tc nninati n o f thi s Contrac t.
;
10.
NOTICES
All notices required hereunder shall be deemed to have been made when
deposited in the U . S. Mail , postage prepaid, certified, and return receipt requ ested, to
the Purchaser or Seller at the addresses listed below. All notices required hereunder may
he sent to:
Seller:
Arapahoe County School District No . I
(Attention: Superintendent)
410 I South Bannock Street
Englewood, Colorado 80110
Purchaser:
The City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
County of Arapahoe
and when mailed, postage prepaid, to said address, shali be binding and conclusive ly
presumed to be served upon said parties respectively.
11.
ASSIGNMENT OR SALE
Purchaser shall not sell , assign, transfer or convey any interest in the subject
Property or this Contract, without firs t securing the written consent of the Seller.
12.
PREPAYMENT
P urc haser to have the right to p repay , without pena lty, th e wh ole or an y part of
the ba lance re ma in ing unpai d on th is Contract at a ny tim e before D ece mber 3 1, 2010 .
13.
ENTffi.E AGREEMENT
This Contract constitutes the entire contract between the parties relating to the
s ubject hereof, and any prior agreements pertaining thereto, whether oral or written, have
been merged and integrated into this Contract. This Contract shall supersede a ll previous
agreements related to this property .
14.
AMENDM .NT -W Al VER
This on tra ct shall not b modified or amended except by an instrument in
, riling ign d by all parti .
No delay or failure on the part of any party hereto in exercising any right, po wer
or privilege under this Contract or under any other documents furnished in connection
with or pursuant to this Contract shall impair any such right, power or privilege or be
construed as a waiver of any default or any acquiescence therein. No single or partial
exercise of any such right, power or privilege shall preclude the further exerci se of such
right, power or privilege, or the exercise of any other right, power or privilege . No
waiver shall be valid against any party hereto unless made in writing and signed by the
party against whom enforcement of such waiver is sought and then only to the extent
expressly specified therein .
15.
SEVERABILITY
If any one or more of the provisions contained in this Contract shall be
held illegal or unenforceable by a court, no other provisions shall be affected by
this holding. The parties intend that in the event one or more provisions of this
Contract are declared invalid or unenforceable, the remaining provisions shall
remain enforceable and this Contract shall be interpreted by a Court in favor of
survival of all remaining provisions.
16.
HEADINGS
Section headings contained in this Contract are inserted for convenience of
reference only, shall not be deemed to be a part of this Contract for any purpose, and
shall not in any way define or affect the meaning, construction or scope of any of the
provisions hereof.
17.
PRONOUNS
All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine, neuter, singular, or plural, as the identity of the person or entity
may require . As used in this Contract: (1) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender, (2) words in the
s ingular s hall m ean and includ e the plu ra l and vice versa , a nd (3) the word "may" g ive s
so le d iscreti o n wi tho ut a ny obli gat io n to take a ny acti on .
18 .
OTHER PROVl S ION S
Cho ice of La w :
T h is Cont rac t a nd a ll d is put es aris in g he re und er s h a ll be govern e d by a nd
co ns tru e d in accorda nce wi th the laws of th e State of Co lorado.
A lternate Dispute Resol ution:
In the event of a ny dispu te o r c laim arising under or re lated to t h is Contract, the
part ies sha ll use their best efforts to settle such dispute or claim through good faith
neg tiations with each other. If such dispute or c laim is not settled through
nc ,otiations within 30 days after the earliest date on which one party notifies the
ther p rty in writing of it de ire to t1empt to resolve such dispute r claim
through negotiations, then the parties agree to attempt in good faith to settle such
dispute or claim by mediation conducted under the auspices of the Judicial Arbiter
Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the
parties agree otherwise, then under the auspices of a recognized established
mediation service within the State of Colorado. Such mediation shall be
conducted within 60 days following either party's written request therefor . If such
dispute or claim is not settled through mediation, then e ither party may initiate a
civil action in the District Court for Arapahoe County.
WITNESS THE SIGNATURES of the Parties this the __ day of
------' 20 __ .
SELLER:
Arapahoe County School District No. l
410 I South Bannock Street
Engle~7 Colorado a8011 t ,
By: r' :f-Ju,i,_, . {h.J.£t."-
President, Board of Education
ATTEST:
Secretary
ST ATE OF COLORADO )
C OUNTY OF A RAPAHO E )
PURCHASER:
The City of Englewood
l 000 Englewood Parkway
Englewood, Colorado 80110
By: _______ _
T h e forego in g in strum e nt w as ackn owledged before me th is ____ _
___ , 200 _ by Ka ren Mill e r, as Presi de nt a nd attested to by Heathe r Hunt, as
Secretary, of Arapahoe County Schoo l District No. l.
Notary Public
Printed Name : -------------
My commission expires:
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STATE OF COLORADO )
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ___ _
___ , 200_ by Olga Wolosyn, as Mayor of the City of Englewood, Colorado.
Notary Public
Printed Name:-------------
My commission expires:
Seller(s) Name and Address Purchaser(s) Name and Address
Name: Arapahoe County School District No. 1 Name: City of Englewood
Address: 4101 South Bannock Street Address: 1000 Englewood Parkway
City: Englewood City: Englewood
State: CO Zip: 80110 State: CO Zip:80110
Phone:303-761-7050 Phone: 303 762-2320
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LAYTON
Lot 1 Lot 36
Lot 2 Lot 35
Lot 3 ·
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Lot 7 Lot 30
Lot 8 Lot 29
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SCALE: 1 nch • 0 t
OAT : M rch 7, 007
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 43
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING SUPPLEMENT NO. 162 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES.
WHEREAS, Southgate Sanitation District recommends the inclusion of approximately
2 .1 7 acres into the District; and
WHEREAS, said inclusion is located between Belleview and Orchard, west side of
Quebec in Greenwood Village at 7105 East Powers Avenue; and
WHEREAS, the zoning of this property in Greenwood Village is Single Family
Residential and which is the proposed use of this property; and
WHEREAS, said annexation of this parcel of land will not increase the tap allocation to
the Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this
Agreement at its July 10, 2007 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Agreement between the City of Englewood and Southgate Sanitation
District entitled "Supplement No . 162, to Connector's Agreement", which includes 2.17
acres located between Belleview and Orchard, on the west side of Quebec in Greenwood
Village, is hereby accepted and approved by the Englewood City Council. A copy of said
Agreement is attached hereto as "Exhibit 1" and incorporated herein by reference.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest,
respectively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 16th day of July, 2007.
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Published as a Bill for an Ordinance on the 20th day of July, 2007 .
Read by title and passed on final reading on the 6th day of August, 2007 .
Published by title as Ordinance No._, Series of 2007, on the 10th day of August,
2007.
Olga Wolosyn, Mayor
ATfEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by title as Ordinance No._, Series of 2007.
Loucrishia A. Ellis
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D
SUPPLEMENT NO.~ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties, Colorado, hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the 20th day of June, 1961, the City and the District entered
into an Agreement in which the City agreed to treat sewage originating from the District's
sanitary sewer system within the area served by the District, which Agreement was most
recently renewed by Connector's Agreement dated November 16, 1988; and
WHEREAS, said Connector's Agreement provides that the district may not
enlarge its service area without the written consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth, the parties agree as follows:
1. The City hereby consents to the inclusion of certain additional area
located in Arapahoe County, Colorado, owned by Jared and EIieen Slattery and more
fully described on Exhibit A attached hereto and incorporated herein by reference, into
Southgate Sanitation District. The City agrees that said additional area may be served with
the sewer facilities of the District, and that the City will treat the sewage discharged into the
City's trunk line from said additional area, all in accordance with the Connector's
Agreement dated November 16, 1988. Accordingly , Exhibit A referred to in Paragraph 1
of the Connector's Agreement dated November 16, 1988, is hereby amended to include
such additional area .
2. Each and every other provision of the said Connector's Agreement
dated November 16, 1988, shall remain unchanged .
IN WITNESS WHEREOF, the parties have set their hands and seals this
__ day of __ , 200_.
ATIEST:
CITY CLERK
(SEAL)
CITY OF ENGLEWOOD
By:---------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COU NTIES,
COLORADO
By : ~J.. ~?'=:'.
PRESIDENT
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Exhibit "A"
Lot 7,
Longview Acres Subdivision,
Except the South 15 feet of said Lot conveyed to Arapahoe County for road purposes in deed
recorded August 15, 1952 in Book 768 at Page 106,
County of Arapahoe,
State of Colorado .
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COUNCIL COMMUNICATION
Date:
August 6, 2007
Initiated By:
Agenda Item:
11 a i
Community Development Department
Subject:
Purchase Agreement for Platte River Oxbow
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 pari.icipate in the Arapahoe County
Open Space Shareback program that provides the match funding for the Grant project.
• On February 7, 2006, Council authorized a grant application seeking $250,000 from the
Arapahoe County Open Space Program, matched w ith $62 ,500 of Englewood Open Space
Shareback funds to acquire the South Platte O xbow property.
• On June 4, 2007, Council approved the IGA with Arapahoe County accepting funds to
acquire the Oxbow property.
• On May 2 1, 2007, Council approv ed tran sferr ing $1 25,000 Open Space c ontingency funds
fr om the Mary Carter Green w ay project to th e South Platte O xbow proj ect.
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 spa ce, re c reation, wildlife habitat and w ater quality use s.
BACKGROUND AND ANALYSIS
In 2006, on Englewood's behalf, the Trust for Public Lands (TPL) secured an option to purc h ase 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 Commissioners
concurred. Englewood requested the maximum grant amount of $250,000 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 acquisi tion costs over $312,500. Fair market value based on an independent
appraiser hired by TPL was agreed to be the basis for a selling price.
In 2007, TPL and Englewood worked with property owner Koch 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 Urban 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 amount 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 the agreement.
Use of the Property
The 2003 South Platte River Plan identified a series of goals and objectives including enhancing
opportunities to enjoy open space and protect the natural environment by providing lands for
recreation, wildlife habitat, and water quality. The Oxbow property contains protected wetlands,
floodplain, and frontage on the Colorado Water Conservation Board property that contains the
South Platte River. The Oxbow property has the potential for being a trailhead 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 would remain on the property for up to five years,
there is no immediate plan to develop the property for public use. During Mr. Koch's leasehold, the
City could continue to seek conservation easements on adjacent properties that would provide links
to the Big Dry Creek trail north of the Oxbow. Englewood may seek funding for trails and
enhancements through the GOCO Legacy Grant or other eligible sources.
The purchase of the Oxbow Property will count toward Englewood's match for a Great Outdoors
Colorado (GOCO) Legacy Grant. The Concept Paper for the Legacy Grant was drafted by the Trust
for Public Lands (TPL) and submitted on behalf of the South Platte Working Group (SPWG) in
March 2007. GOCO invited the South Platte Working Group to submit a full grant application in
August 2007 for a funding decision at the end of the calendar year. SPWG is requesting a $7 million
GOCO Legacy Grant to assist with an estimated $20 million of open space and trail enhancements
and purchases along the South Platte in Arapahoe County.
FINANCIAL IMPACT
The cost of purchasing the South Platte River Oxbow property is $730,000. This includes the land,
surveys, appraisals, and real estate services provi ded by the Trust for Publi c Lands . The IGA
between Englew ood and Arapahoe County provi des Englewood match funding of $6 2,500 for
Arapah oe Cou nty gran t fund ing of $250,000. In addit ion, Englewood has all ocated $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
AlTACHMENTS
Bill for an Ordinance
Purchase Agreement
•
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
ABILLFOR
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER _____ _
AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQUENT LEASE
OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS THE SOUTH
PLATTE RIVER OXBOW HABITAT/WETLANDS .
WHEREAS, Ordinance No. 36, Series of 2007 authorized and intergovernmental grant
agreement regarding the grant of Open Space Program funds for the purpose of acquiring
property in the South Platte River 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 acquisition is consistent with the 2003 South Platte River Plan adopted
by the City of Englewood by the passage of Resolution No. 72 , Series of 2003 ; and
WHEREAS , 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
jurisdictional 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 for
open space; and
WHEREAS , the property has been leased back to the previ ous owner for not more than
fi ve years for a no minal fee and the City will accep t assignment of the Lease; and
WHEREAS , the City will be requiring the lessor to provide insurance to protect th e
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, THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF TH E CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
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Section 1. The City Council 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 Platte River Oxbow Habitat /Wetlands described Purchase Agreement in
Attachment 1 attached to this Ordinance.
Section 2. The Mayor and the City Clerk are authorized to sign and attest the Purchase
Agreement and the Deed for the City of Englewood, Colorado, see Exhibit E attached to the
Purchase Agreement.
Section 3. The City Manager is authorized to sign the Lease and any extensions for and
on behalf of the City of Englewood, Colorado, see Exhibit F attached to the Purchase
Agreement.
Introduced, read in full, and passed on first reading on the 6th day of August, 2007.
Published as a Bill for an Ordinance on the 10th day of August, 2007.
Olga Wolosyn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full,
and passed on first reading on the 6th day of August, 2007.
Loucrishia A. Ellis
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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 Street, #D210 , Denver, Colorado 80203-1846
("TPL"), and the CITY OF ENGLEWOOD, a Colorado municipal corporation, with an
address of 1000 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
described in Exhibit A hereto (the "Property").
B. TPL shall sell 2.38 acres , more or less , 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 "Littleton Property").
D . The CITY has had full opportunity to review title to and survey of the Englewood
Property and is fully satisfied therewith.
E. The TPL shall enter into a Lease w ith Ron Koch for the Property, a copy of which
is attached hereto as Exhibit F, which TPL shall assign t o the CITY and the C IT Y
wi ll acce pt from TPL, upon conveyan ce of the En glewood Propert y to the CITY,
utilizing the assignment of Lease attached hereto as Exhibit F.
F . The CITY shall expeditiously 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 parties agree to be bound as follows :
1. O perative P rovis ion s. The above recitals are incorporated herein as operative
provisions hereof as though more fully set forth herein .
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2. Englewood Property Acquisition 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 of Englewood ;
$250 ,000.00 from a grant made by Arapahoe County to the City of Englewood ;
$136,000.00 from Arapahoe County and $47 ,000 .00 from South Suburban Parks
and Recreation District. Upon the placement into escrow with First American
Heritage Title Company of all of said funds and other related documents , TPL
shall sell and convey the Englewood Property to the CITY.
The CITY agrees to acquire the Englewood Property and TPL agrees to convey
the Englewood Property to the City as set forth above and subject to the
conditions set forth below.
3. Contingencies. TPL's obligation to convey the Englewood Property to the
CITY, and the CITY'S obligation to acquire the Englewood Property are
contingent upon the following conditions :
a . Acquisition of the Property by TPL from its current owner.
b. Full fundin g of the transaction as set forth in Paragraph 2 abov e .
c . The CITY engaging in the following process:
I . Presenting Ordinance to purchase and lease back the Property to
City Council. Ordinance process requires an affirmative vote in
two readings and a referendwn period of thirty days .
4 . No Personal Property. The parties acknowledge that no personal property is
bei ng ac quired and th at no p ersonal property is located on the E nglewood
Pro perty b ei n g tran sferred , except as may be agreed to between the C IT Y and the
cu rrent owner of t he Pro perty .
5. Risk of Loss for Damage to I mprovements. TPL or its predecessor shall be
responsible for the risk of lo ss prior to close of escrow.
6. Deed. TPL shall transfer title to the Englewood Property by Special Warranty
Deed from TPL to the CITY. Title shall be transferred free and clear of all liens
and encumbrances and subject to those matters identified on Exhibit D attached
hereto . The Special Warranty Deed shall be in the foi:m of Exhibit E attached
hereto .
2
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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 taxes for the year of closing (based on the taxes for the calendar year
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 taxes.
8. Possession and Closing. Possession shall be given to the CITY on the date of
closing. Closing shall be on or before September 30 , 2007 , or such other date as
the parties shall mutually agree to in writing.
9. Water Rights. Water rights for the Englewood Property owned by TPL, if any,
are transferred hereby to CITY.
10 . 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 C T L Thompson, dated February 5, 2007 , which assessment the CITY has
re viewed.
11 . No Leases. TPL represents that there are no oral or written leases 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
terms of that Lease , the recommended remediation of stained soils referenced in
the Phase I Environmental Assessment in Paragraph 10 above , shall be performed
by the L essee, who is the current landowner, on or before that date on which the
Lease exp ires.
12 . Clo sin g C osts. The 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 . Re se rvation 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 . Re me dies. If either party should default in their obligations set forth herein , the
nond e faulting party shall have the right of specific performance against the
defaulting party , in addition to any other rights under the law or in equity .
3
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: -------------
4
LEGAL DESCRIPTION:
·. · .. :.·.: .. :':
EXHIBIT A
Property Description
A parcel ofland located in the SE V.., Section 8 and the SW V.., Section 9, Township 5 South,
Range 68 West, 6th P.M. in the Cities of Englewood and Littleton, Arapahoe County,
Colorado, more particularly described as follows:
Commencing at the SE corner of said Section 8;
Thence N0°01 '20"W along the east line of said SE 7/.i, a distance of 804 .00 feet to the
northeast comer of Riverdale Subdivision Filing No. 1 as platted in the records of said
County at Reception Number A5135038, which is the Point of Beginning;
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 'OO"E along the east line of said exception parcel, 16 .97 feet to a non-tangent,
1604.40-foot radius curve being the easterly right-of-way line of the U.S. Army Corps of
Engineers floodway channel for the South Platte River as shown on the Platte River Channel
Improvement Map by the U .S. Army Corp of Engineers , Drawing No. PCCI-40E-4.l , 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 of 24°23 '01 ", a distance of
682.79 feet to the east line of the parcel as set forth in Decree recorded August 24, 1987 in
Book 5244 at Page 97;
Thence along last said east line through the follow ing three courses :
1) S8°16'56"E, 374 .48 feet to a tangent, 155 .19 -foot radius curve;
2) Southwesterly along said 155 .19-foot radius curve concave northwesterly through a
cen tral angle of 114°18 '00 ", a distance of 309 .59 fee t;
3) N 7 3°5 8'56"W , 17 1.82 fe et to said eas t line of the SE V.;
Thence S0°01 '20"E along said east line of the SE V., a distance of 278.53 feet to the Point of
Beginning.
Basis of Bearings
The east line, SE Y.., 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 .
PUR HA AGREEMENT
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EXHIBITB
Englewood Property Description
Parcel B :
Parcel ofland lying in Section 9, Township 5 South, Range 68 West of the 6th Principal
Meridian, County of Arapahoe, State of Colorado, described as follows:
All of that portion of real property in said Section 9 lying Southeasterly of the Easterly line of
the Platte River Rechannelization as shown on the Platte River Channel hnprovement Map
by the U.S. Army Corp of Engineers, Drawing No. PCC1-40E-4.1, 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 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 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 the 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 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 South Platte River as existing in October, 1985, the
following three courses and distances:
a. South 07°58'14" East, a distance of 374.49 feet;
b . Thence along a curve to the right, said curve having a central 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' 14" West, a distance of 171.82 feet to the True Point of
Beginning.
County of Arapahoe, State of Colorado .
P R HA EA REEMENT ·
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EXHIBITC
Littleton Property Description
Parcel A :
A portion of the Southeast~ of Section 8, Township 5 South, Range 68 West of the 6th
Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado, being more
particularly described as follows:
Beginning at the Southwest comer of the Southeast ~ of said Section 8 and considering the
Southerly line of said Southeast ~ to bear North 89°41 '1 O" East with all bearings contained
herein relative thereto;
Thence Easterly along said Southerly line North 89°41 '10" East 1326.07 feet;
Thence departing said Southerly line North 00°26'00" East, 40.00 feet West to the Southeast
corner of Centennials 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;
Thence 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 feet to the
approximate centerline of the South Platte River;
Thence Northerly along said centerline North 19°42'10" West, 297.40 feet;
Thence North 12°56 '00" East, 379.60 feet;
Thence North 33°25'00" 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
l eft having a delta of 05°32 '42 ", a radius of 1602 .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~;
Thence Southerly along said East line South 00°01 '20" East, 338 .53 feet;
Thence depaiting said East line North 26°11 '00" West, 261.97 feet to the True Point of
Beginning.
Except the Westerly 50.00 square feet thereof, described as follows:
Beginning at a point of beginning of the above described parcel;
Thence Northeasterly along a 1602.40 feet radius curve having a curve of 7 .64 feet;
Tiiep:;e 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 interest in the West 50 feet of the South 50 feet of Parcel A above as
described in Deeds recorded in Book 5884 at Page 229 and in Book 6925 at Page 119,
aunty of Arapahoe, State of Colorado.
EXHIBIT D TO PURCHASE AGREEMENT
Permitted Exceptions
1. 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 disclose 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 recorded April 23, 1996 at Reception No. 09117742.
6. Terms, conditions, provisions, agreements, easements and obligations contained in the
Easement Agreement recorded April 23, 1996 at Reception No. A6048722 .
7 . Terms, conditions, provisions , agreements , easements 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. B3 l 65064 .
9 . Real property taxe s on th e Englewood Pro perty shall be prorated as of the date of
clos ing.
I 0 . Terms, cond ition s, provisions, agreements and obligatio ns as set fort h in that certa in
Lease Agreement dated between The Trust for Public Land and Ron
Koch .
EXHIBITE
FORM OF SPECIAL WARRANTY DEED
When recorded return to:
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this __ day of July, 2007 between THE TRUST FOR PUBLIC
LAND , a nonprofit California public benefit corporation, Grantor, and CITY OF ENGLEWOOD , a political
subdivision of the State of Colorado , whose legal address is IOOO Englewood Parkway, Englewood, CO 801 IO ,
Grantee .
WITNESS, that the 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 the government entities of Arapahoe County, the City
of Englewood, the City of Littleton and the South Suburban Parks and Recreation District for the preservation of and
use of this property as open space; Grantor has granted, bargained, sold and conveyed , and by these presents does
grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever , 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 this reference;
Subject to the matters set forth in Exhibit B hereto and the easement 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 anywise appertaining , the reversion and reversions , remainder and remainders, rents , issues and profits thereof,
and all the estate, right, title , interest , claim and demand whatsoever of the Grantor, either in law or in equity , of, in
and to the above-bargained premises ;
To have and to hold the sai d premises above bargained and described, with the appurtenances , unto Grantee , its
successors and assigns forever . The Grantor shall warrant and forever defend the above-bargained premises 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 , matters of record and such matters as an accurate survey of
the property would have revealed .
IN WITNESS WHEREOF , the Grantor has executed thi s deed as of the date first above set forth .
TATE OF NEW MEXICO )
) ss .
C UNTY OF SANT A FE )
THE TRUST FOR PUBLIC LAND, a
nonprofit California public benefit
corporation
Peter N. Ives
Regional Counsel
ACKNOWLEDGMENT
The foregoing in trument wa lcnowledged before me this __ day of July , 2007, by Peter N. Ive , Regional
C un el, The Trust for Public Land, a nonprofit Califomi public benefit corpo tion , on behalf of aid corporation .
My ommi i n e pire :
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Englewood Property Description
Parcel B:
Parcel ofland lying in Section 9, Township 5 South, Range 68 West of the 61h Principal
Meridian, County of Arapahoe, State of Colorado, described as follows:
All of that portion of real property in said Section 9 lying Southeasterly of the Easterly line of
the Platte River Rechannelization as shown on the Platte River Channel Improvement Map
by the U.S. Army Corp of Engineers, Drawing No. PCC1-40E-4 .l, dated January, 1969, to
the centerline of the South Platte River as existiii.g 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 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 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 the 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 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 South Platte River as existing in October, 1985, the
following three courses and distances :
a. South 07°58' 14" East, a distance of 37 4 .49 feet;
b. Thence along a curve to the right, said curve having a central angle of 114°15'00", a
radius of 159.34 feet, an arc length of309 .75 feet, a chord length of 260 .75 feet, and a
chord bearing South 49°10'50" West;
c. Thence North 73°40'14" West, a distance of 171.82 feet to the Tme Point of
Begimung.
County of Arapal1oe, State of Colorado.
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THE SW 1/4, SECTION 9, T .5 S .• R. 68W. OF THE 6TH P.M .,
OTY OF UITLETON, COUNTY OF ARAPAHOE. COLORADO
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EXHIBIT B TO DEED
Permitted Exceptions
1. 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 disclose 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 recorded April 23, 1996 at Reception No. 09117742 .
6. Terms, conditions, provisions, agreements, easements and obligations contained in the
Easement Agreement recorded April 23, 1996 at Reception No. A6048722 .
7. Terms, conditions, provisions, agreements, easements 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 .
-
...
EXlllBIT F
BUSINESS LEASE
This Lease, dated , 2007, is between The Trust for Public
Land, a California nonprofit public corporation, hereinafter referred to as Lessor, and
Ronald Koch, hereinafter referred to as Lessee.
1. Description.
In consideration of the payment of the rent and the performance of the covenants
and 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. Term.
The term of this Lease shall be for a period of three (3) years from the date it is
executed with two (2) one-year (I-year) extensions . The parties may extend the
Lease for these additional periods on mutual written agreement at least sixty (60)
days before the last day of any existing lease period.
3. Rent.
The rent for the term hereof shall be a nominal amount of Ten Dollars ($10 .00)
per year payable upon the execution of this Lease and annually thereafter;
provided, however, that if Lessor does not assign the Lease 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 value of the
property, if any .
4. Property Maintenance.
Lessee shall maintain the Property as an open and unimproved property;
provided, however, that Lessee shall be permitted to continue the existing use of
the property for the storage of landscaping materials and the temporary parking
of vehicles associated with that use . Lessee shall be responsible for the
reasonable maintenance and repair of the Property during the term of the Lease ;
and the removal of downed limbs, cutting of small diameter 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 Lessee 's sole reasonable discretion . This maintenance provision
shall not exclude the Lessee from compliance with any provision of the
Englewood Municipal Code, Federal or State Statutes and Regulations .
5. Uses .
During the term of this Lease, the property shall be used o nl y for its current use
in conjunction with the Lessor's landscaping business and s hall remain open ,
unimproved property . No storage use shall be made on the property except as
incidental to the operation of the existing busines as noted above . During the
tenn of thi Lea e and any extensions thereof, Lessee hall make no change in
the pa ed area or permanent tructure current ly located n the property .
-1 -
6 . Assignability.
The parties agree that this Lease and an y and all rights granted under those
documents shall not be transferable or assignable by Lessee at an y time .
Notwithstanding the abo ve, upon Lessee 's death or medically certifiable
incapacitation, all of his title and interest in this Lease may be undertaken by his
heirs and/or personal representatives . Such transfer shall not be considered an
assignment . Lessor may freel y assign thi s Lease to the City of Englewood.
7 . Condition at Termination of Lease.
The parties agree that at the conclusion of Lessee 's use of the Property at the end
of the term or any extension thereof, Lessee shall leave the Property in the same
condition as at the beginning of the Lease ; provided , however, that the Lessee
shall remove the stained soils from the site which are referenced in that Phase I
Environmental Assessment dated February 5, 2007 by CTL Thompson as Project
No . DN42.557-200 and remediate any other environmental conditions caused by
the Lessee , Lessee shall leave the property in the same condition regarding toxic
hazards or environmental pollution 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 ex istence, shall be the sole responsibility of the Lessor. Lessee
agrees, at his sole expense , (i) to revegetate the Property to minimize erosion
using drought tolerant grasses watered until they are established ; (ii) to
reasonably remediate any unusual or destructive environmental conditions
caused by Lessee, his employees, agents, contractors, or invitees ; and (iii) to
remo ve all personal property, vehicles, equ ipment, or other improvements placed
on the Property by Less ee .
8. Liability-Indemnification Of Lessor.
Les sor, and its succe ss ors and assign s, shall not be liable for an y loss , inj ury,
death , or damage to person s or property which at any time may be suffered or
sustained by Lessee or by an y person whomsoever may at an y time be us in g or
oc cupy in g or v is it ing the Property or be in , on, or about the same , whether such
lo ss, inju ry, death , or dama ge shall be cause d by or in an y way re sult from or
ari se out of an y act , om iss ion , o r ne gligence of Le ssee or Les see 's employees,
age nts, invi tees contractors, or other person s associ ated with Lessee.
Lessee shall ind emn ify Lessor aga in st all claims, li ability, loss or damage
whatsoever on account of any such loss, injury, death, or damage. Lessee hereby
waives all claims against Lessor of damages to improvements that are now on or
hereafter placed or built on the Property and to the property of Lessee in , on , or
about the Property, and for injuries to persons or property in or about the
Property , from any cause arising at any time, except those caused by the
negligence or omissions of the Lessor, its agents , employees and contractors.
Lessee further indemnifies Lessor against all claims, liability, loss or damage
whatsoever on account of any breach of this Lease by Lessee, including without
limitation any violation of Lessee 's obligations under Sections 10 and 1 1 hereof.
9 . In ura nce.
Le ee hall maintain in effect throughout the term of this Lea e personal injury
liability in urance co ering the Pr perty and it appurtenance and property
damage liability in uran e in an amount not le than the liability limit
e tabli hed b tate tatute for local g mmental bodie . uch in uran e hall
-2-
10 .
specifically insure Lessee against all liability assumed by it hereunder, as well as
liability imposed by law, including without limitation any liability for spilling,
releasing or disposing of hazardous substances, hazardous waste, hazardous air
pollutants or pollutants and contaminants, and shall insure both Lessor and
Lessee but shall be so endorsed as to create the same liability on the part of the
insurer as 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
$1 ,000,000/occurrence
$1 ,000 ,000/aggregate
$1 ,000,000/person
$1 ,000,000/occurence
Lessee shall furnish to Lessor, within ten (10) days following the execution of
this Agreement, a copy of each of the foregoing policies of insurance 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, hazardou s waste, haz.ardou s
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, et seq.); the Resource Conservation and Recovery Act (42 U .S .C.
§ 6901 et seq.); the Federal Water Pollution Control Act ("Clean Water Act" or
"CWA") 33 U .S .C. § 1251 , et seq .; and the Clean Air 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
as ociated tanks, and gasoline in containers not exceeding five gallons, may be
stored on the Property to the extent consistent with Lessee 's landscaping
bu ine .
-3-
11.
12.
13 .
Compliance With Laws.
Lessee shall obtain any and all government approvals required for Lessee's
intended use and occupancy of the Property. Lessee shall promptly comply with
all laws, 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.
Default.
Lessee will observe and perform all conditions and agreements herein set forth
to be observed and performed . If default be made by Lessee in payment of said
rent, or if default in performance of other conditions and agreements be made by
Lessee, and such non-monetary default shall continue for a period of ten 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.
Miscellaneous .
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 vi olate any federal , state or local law or
ordinance, that provision shall be deemed amended to so comply with s uch
law or ordinance and shall be con strued in a manner so as to comply.
c) When used herein, the singular shall include the plural, and the use of any
gender s hall apply to both genders.
d) All notices, demands or other writings in this Lease provided to be gi ven
or made or sent, or which may be given or 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 :
LESSOR:
The Trust for Public Land
1410 Grant Street #D2 l 0
Denver, CO 80203
Attn: Hillary Merritt
With a copy to:
Peter N. Ives
The Trust for Public Land
1600 Lena Street; Bldg. C
Santa Fe, NM 87505
LESSEE:
Ronald Koch
7126 Pineview Dr.
Littleton, CO 80125
The address to which any notice, demand, or other writing may be given or
made or sent to any party as above provided may be changed by written
notice given by such party as above provided.
d) The waiver by Lessor or the failure of Lessor to take action with 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 of the same ; or any other term, covenant, or condition. The
subsequent acceptance of rent hereunder by Lessor shall not be deemed to
be a waiver of failure 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 .
e) This Lease shall be binding on the parties, their personal representatives,
successors and assigns .
-5-
t) 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 reasonable time upon telephone notice to
Lessee to enter upon and inspect the Property to confirm compliance by
Lessee of the terms 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
-6-
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EXHIBIT TO LEASE
Englewood Property Description
Parcel B:
Parcel ofland lying in Section 9, Township 5 South, Range 68 West of the 6th Principal
Meridian, County of Arapahoe, State of Colorado, described as follows:
All of that portion ofreal property in said Section 9 lying Southeasterly of the Easterly line of
the Platte River Rechannelization as shown on the Platte River Channel Improvement Map
bytheU. S. Army Corp ofEngineers,DrawingNo. PCC1-40E-4.l, dated January, 1969, to
the centerline of the South Platte River as existi11g 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 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 the 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 chord bearing
North 35°35 '56" East to a point in the center of the South Platte River as existing in October,
1985 ;
Thence foll ow ing the cen terline of the South Plat te River as existing in O ctob er, 1985, the
following three courses and distances:
a. South 07°58'1 4" East, a ~istance of 374.49 feet;
b. Thence along a curve to the right, said curve having a central angle of 114° 15'00", a
radius of 159 .34 feet, an arc length of 309.75 feet, a chord length of260.75 feet, and a
chord bearing South 4_9°10'50" West;
c. Thence N orth 73°4 0' 14" West, a distance of 171.82 feet to the True Point of
Beginning.
Cow1ty of Arapahoe, State of Colorado.
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-1-ID-J:XIII
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 11 a ii Proposed Bill for an Ordinance submitting to the
registered electors of the City of Englewood a
Charter Initiative amending Title XV (Englewood
Employee Relations and Career Service Act) of the
Home Rule Charter of the City of Englewood,
Colorado, by changing Section 137:5 and by
adding Section 137:9.
Initiated By: Staff Source:
City Clerk's Office Loucrishia A. Ellis, City Clerk
City Attorney's Office Dan Brotzman, City Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
Approve the proposed Bill for an Ordinance placing this issue on the November 6 , 2007 ballot. As
the Charter Initiative Petition has been declared valid and sufficient, and the City Clerk has certified
those results to City Council, the City Clerk must certify the proposed ballot question to the
Arapahoe County Clerk and Recorder.
On June 8 , 2007 a statement of intent to circulate a Charter Initiative Petition was filed with the City
Clerk's Office in accordance with State Statute § 31-2-210 (i) (a) (I}.
The deadline to turn in the petition was August 8 , 2007 by 5:00 p.m. and th ey needed at least 880
valid signatures of City of Englewood registered electors.
On June 11 , 2007 the City Clerk certified the Charter Initiative Petition as to form.
On July 27, 2007 the Charter Initiative Petition was filed with the City Clerk's Office, with the report
disclosing the amount paid to the circulators (in accordance with CRS § 31-11-113 ).
CRS § 31-2-210 (3 ) ... If the petition is sufficient, the governing body shall set a ballot title for the
proposed amendment at its next meeting.
FINANCIAL IMPACT
Th propos d b llot question will b plac d on the ballot t the City's No ember 6, 2007 General
Muni ip I El tion.
----------"'"'"'...._.. ___________ , ____ ,
The cost of this additional ballot question would include costs associated with an additional
publication requirement and reprinting of the Charter, if the issue passes.
Funds are available in the existing City Clerk's budget.
LIST OF ATTACHMENTS
Statement of intent to circulate a Charter Initiative Petition.
Memo to Mayor Wolosyn and City Council, dated August 2, 2007, certifying the validity and
sufficiency of the Petition.
Proposed Bill for an Ordinance.
CITY CLERK ~t·
June 4,2007
Loucrishia A. Ellis MMC
City Clerk
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Dear Ms . Ellis:
CITY OF ENCiL~JNOOD
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, CO 80110 .
Oo~J) ~ r-v~1i)ot
We are expressing our intent to circulate a petition to amend the Charter City Of
Englewood for the November 6, 2007 election to protect city employees' paychecks from
unauthorized access . The proposed Amendment to the City Charter as follows:
CITY OF ENGLEWOOD, COLORADO
AN AMENDMENT TO THE ENGLEWOOD CHARTER TO
PROVIDE THAT THE USE OF THE CITY PAYROLL SYSTEM
SHALL BE LIMITED TO DEDUCTIONS SPECIFICALLY
REQUIRED BY LAW AND TO CHARITABLE ORGANIZATIONS
WITH AN ANNUAL WRITTEN AUTHORIZATION
WHEREAS, city government should not use taxpayer resources to
duplicate services that can be provided by the private sector; and,
WHEREAS, city government has no business knowing the financial
decisions or personal business of its employees, who deserve to have their privacy
protected; and,
WHEREAS, fairness dictates that all city employees should be asked first,
and an employee's clear permission be received, before deductible contributions
are made to any organization; and,
WHEREAS, city employees should be empowered with the opportunity
to reaffirm important financial decisions on an annual basis;
Title XV (Englewood Employee Relations and Career Service Act) of the
Home Rule Charter of the City of Englewood, Colorado, is hereby amended by
changing Section 137:5 and by adding Section 137:9, as follows:
137:5 Subject for collective bargaining.
(a) MandatoT'y Subjects. The City and the certified employee repr entative
shall hav th mutual obligation to negotiate and bargain i11 good faith over the
i 11 wing manda ory subj cts: wages, hours, vacation, insurance (contribution
1 1 nd 1 v ls of n fit only), holiday , dmini s rative 1 ave, p sonal leave,
milit a ry 1 ili 1 v , fun ral 1 av , c r solu t ion
procedure (including costs and expenses associated therewith), non-State or
Federally regulated or mandated pension or retirement provisions (contribution
levels only), over-time pay formulas, work uniform provisions, acting pay,
longevity, transfer procedure, procedures for suspension, demotion and
discharge, and education incentives. That the maintenance of benefits shall also
be considered a mandatory subject under this Section for the period covering up
to and including December 31, 1984, after which it will become a permissive
subject.
(b) Non-Negotiable Subjects. The following subjects shall be excluded from
collective bargaining as non-negotiable subjects of bargaining: any subject pre-
empted by State or Federal law or by City Charter; State or Federally regulated or
mandated pension provisions; administration of insurance programs, selection of
insurance carrier including self-insurance; matters delegated by Charter to any
board or commission of the City; all matters relating to classification,
recruitment, hiring, examination and certification of appointment to a position
and appeals based thereupon; promotions out of the bargaining unit.
(c) Permissive Subjects. Collective bargaining upon any other subject (i.e., not
mandatory or non-negotiable) is permissive and may be conducted if mutually
agreed to by the parties.
137:9 Deductions allowable from payroll compensation. No payroll
deduction shall be taken from the payroll compensation of any employee except
for deductions required by federal law; judicial liens and garnishments, including
court-ordered child support, domestic support and maintenance obligations and
payments; deductions for employee benefits and pensions as established by law
for such employee; and deductions for contributions to charities and
organizations exempt from federal income tax under sec. 501(c)(3) of the Internal
Revenue Code of 1986. Provided that, any such employee authorizing a
charitable deduction shall provide written authorization consenting to such
charitable deduction, at least annually. A charge may be assessed to a charitable
organization that receives the benefit from the payroll deduction to offset the cost
for t h is service .
You can contact either of us at the following address(es) or contact number(s).
Michele Austin
3110 S. Williams
Englewood, CO 80113
303-761-9558
Ben Aycrigg
3131 S. Williams
Englewood, CO 80133
Ann Mar t Aycrig
3131 S. Williams
Englewood, CO 80113
Cynthia Webb
2162 E . Dartmouth Ave
Englewood,, CO 80113
(303) 781-7292
Phil Webb
2162 E . Dartmouth Ave
Englewood,, CO 80113
(303) 781-7292
Signed:
Michele Austin / A sk F irst E ngle w ood
B~gg ,
Ann Margare t V
~ ~ t;~!JJ /p/S{D7
Cyn thi a Webb
(vt~~ ()_)~
Phil Webb
-
MEMORANDUM
TO:
FROM:
Date:
Lou Ellis
City Clerk
Kerry Bush ,../;:>
Deputy City Clerk
August 02, 2007
Regarding: Initiative Petitions verification
Lou,
The petitions for the Charter Initiative were submitted on July 27,
2007.
The total number of signatures verified were: 1533
The total number of signatures accepted were: 973
The total number of signatures rejected were: 560
The total number of accepted signatures exceeds the required number,
which is 880 signatures.
Please let me know if you require additional Information.
(
July 27, 2007
Loucrishia A. Ellis MMC
City Clerk
RECEIVED
CllY OF ENGLF.Wr>OO, CO
JUL 2 7. 2007
OFFICE OF
,,
.~.
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
THE CITY CLERK ,~
Dear Ms. Ellis:
Ask First Eng]ewood is submitting 1886 signatures to place the Ask First Dues
Deduction Charter petition before the City of Englewood voters. The services of
Kennedy Enterprises were retained to gather the before mentioned signatures. They were
paid a total of$4500 to gather them. The breakdown of signatures by petition gathers for
them are as follows :
Circulator name
Donald Martinez
Robert Kernan
Arlene Ayers
Henry (Albie) Hurst
Virginia ScanJon
Scott Lamm
Total Signatures Gathered
98
964
564
145
65
50
If you have any questions you may contact :
Kennedy Enterprises
1045 Garden of the Gods Road, Suite G
Colorado Springs, CO 80907
c/o Dan Kennedy
719-522-1101
Dan@kennedyenterprises.us
Sincerely, ·
\~ ,._~"t...\...~.~s~~
Michelle Austm
Ask First Eng]ewood
MEMORANDUM
TO:
FROM:
DATE:
Mayor Wolosyn and City Council Members
Loucrishia A . Elli.s , City Cle~
August 2, 2007
SUBJECT: Charter Initiative Petition
State of Colorado )
) 55
County of Arapahoe )
I, the unde rsigned, do hereby certify, pursuant to Colorado Revised Statutes §31 ·2 ·
210(3), that the Charter Initiative Petition filed with the City Clerk's Office on July 27,
2007 has been reviewed and it has been determin to be valid and /fflclent.
__ ,,_ utf rtt:i
Attest: j ~~0)..)j.&w /
Ke rry B~1sh , Dj p~ty City Clerk
,'
Attach men ts: Memo from Deputy City Clerk Bush dated August 2, 2007
Report dated July 27, 2007 disclosing the amount paid to the
circulator (in accordance with CRS § 31-11-113)
cc : Gary Sears , City Manager
Dan Brotzman, City Attorney
Frank Gryglewicz, Director of Finance and Administrative Services
Prlni.d on Recyc led P
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
ABILLFOR
COUNCIL BILL NO . 47
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE XV, ENGLEWOOD
EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT-1981 ,
SECTION 137:5 "Subjects for collective bargaining" AND THE ADDITION OF A
NEW SECTION 137:9 "Deductions allowable from payroll compensation" OF THE
ENGLEWOOD HOME RULE CHARTER.
WHEREAS, Michele Austin, Ben Aycrigg, Ann Margaret Aycrigg, Cynthia Webb
and Phil Webb have submitted an initiative petition; and
WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this
matter be forwarded to the Englewood City Council after the City Clerk certifies the
validity and sufficiency of such initiative petition; and
WHEREAS , the Englewood City Clerk has certified the validity and sufficiency of
the initiative petition;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled municipal election on November 6, 2007 a proposed
amendment to the Home Rule Charter of the City of Englewood, to read as follows:
Question No.
Shall Article XV, ENGLEWOOD EMP LOYEE RELATIONS AND CAREER SERVICE
SYSTEM ACT -1981, of the Home Rule Charter of the City of Englewood, Colorado be
amended by changing Section 137:5 and by adding Section 137 :9 as follows:
137:S Subjects for collective bargaini ng.
(a) Mandatory Subjects. The City and the certified employee representative
shall have the mutual obligation to negotiate and bargain in good faith over the
following mandatory subjects: wages, hours, vacation, insurance (contribution
levels and levels of benefits only), holidays , administrative leave, personal leave,
military leave, disability leave, funeral leave, eyes eeeYetiea, grievance
re olution procedure (including costs and expenses associated therewith), non-
State or Federally regulated or mandated pension or retirement provisions
(contribution levels only), over-time pay fonnulas, work uniform provisions,
acting pay, longevity, transfer procedure, procedure for su pen ion, demotion
-1-
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and discharge, and education incentives . That the maintenance of benefits shall
also be considered a mandatory subject under this Section for the period
covering up to and including December 31 , 1984 , after which it will become a
permissive subject.
(b) Non-Negotiable Subjects. The following subjects shall be excluded from
collective bargaining as non-negotiable subjects of bargaining: any subject pre-
empted by State or Federal law or by City Charter; State or Federally regulated
or mandated pension provisions ; administration of insurance programs , selection
of insurance carrier including self-insurance; matters delegated by Charter to any
board or commission of the City; all matters relating to classification,
recruitment , hiring, examination and certification of appointment to a position
and appeals based thereupon; promotions out of the bargaining unit .
(c) Permissive Subjects. Collective bargaining upon any other subject (i.e., not
mandatory or non-negotiable) is permissive and may be conducted if mutually
agreed to by the parties.
137:9 Deductions allowable from payroll compensation.
No payroll deduction shall be taken from the payroll compensation of any
employee except for deductions required by Federal Law; judicial liens and
garnishments , including court-ordered child support, domestic support and
maintenance obligations and payments ; deductions for employee benefits and
pensions as established by law for such employee; and deductions for
contributions to charities and organizations exempt from Federal Income Tax
under Sec . 501(c)(3) of the Internal Revenue Code of 1986 . Provided that, any
such employee authorizing a charitable deduction shall provide written
authorization consenting to such charitable deduction, at least annually. A
charge may be assessed to a charitable organization that receives the benefit
from the payroll deduction to offset the cost for this service .
___ Yes ___ No
Section 2 . Each elector voting at said election and desirous of voting shall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used.
Section 3 . The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be pu blished in the manner and for the
length of time required by law, and the ballots cast at such election shall be canvassed
and the result ascertained, determined, and certified as required by law .
Section 4 . Only if the question is approved by the registered electors of the City of
Englewood shall the Article be amended and the Charter, as amended, certified to the
Secretary of State .
-2-
Section S . If any section, paragraph, clause, or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance .
Introduced, read in full , and passed on first reading on the 6th day of August , 2007.
Published as a Bill for an Ordinance on the 10th day of August, 2007 .
Olga Wolosyn, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full ,
and passed on first reading on the 6th day of August, 2007.
Loucrishia A. Ellis
-3-
-
.I
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 11 C i A Resolution for a Supplemental Appropriation of
funds in the Public Improvement Fund for
expenditures incurred to enhance and improve the
City 's Golf Course .
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this supplemental specifically, but has discussed the activities on the
Golf Course site on a number of occasions including the Budget Retreat held May 19, 2007.
City Council approved Resolution 49, Services of 2007 on June 4, 2007 approving an additional
$200,000 for additional environmental oversight during the construction of the Golf Course .
City Council discussed this supplemental appropriation at the Study Session held on July 23 , 2007.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Resolution for a supplemental appropriation
to pay for additional enhancements to the Golf Course.
PUBLIC IMPROVEMENT FUND:
SOURCE OF FUNDS:
Pro cee ds from Golf Course Lease
USE OF FUNDS:
Pump House
Fence
Contingency
Tree Planting
To tal
BACKGROUND , ANALYSIS , AND ALTERNATIVE S IDENTIFIED
$35 0,000
$150,000
50,000
100,000
50,000
$350,000
ity Council has mad the redesign and future success of the City's Golf Course a priority. The
additional nhan ements were discussed with City Council, but formal action to appropriate the
required funds was not brought forward to City Council. The Parks and Recreation Department will
provide updates if the expansion is approved. Otherwise the funds will be returned to the balance
in the Golf Course Lease.
FINANCIAL IMPACT
The total ($4,036,000 and $700,000) proceeds from the Golf Course lease and the "other
proceeds" were paid by Miller/Weingarten to the City for the long-term use of the Golf Course
property. The funds are accounted for in the Public Improvement Fund . A total of $3,536 ,000
remains in the PIF, and will remain in the Fund until Council makes a determination regarding the
use of the funds.
LIST OF AlTACHMENTS
Resolution
.I
RESOLUTION NO.
SERIES OF 2007
A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2007
BUDGET IN TIIE PUBLIC IMPROVEMENT FUND FOR EXPENDITURES INCURRED TO
ENHANCE AND IMPROVE THE CITY'S GOLF COURSE.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS, the Englewood City Council approved Resolution 49, Series 2007 which
approved an additional $200,000 for additional environmental oversight during the construction
of the Englewood Golf Course; and
WHEREAS, this supplemental appropriation to the 2007 Budget for the Public Improvement
Fund is required for additional enhancements to the Englewood Golf Course;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l . The Budget for the City of Englewood , Colorado, is hereby amended for the year
ending 2007, as follows:
2007 SUPPLEMENT AL APPROPRIATION
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS:
Proceeds from Golf Course Lease
USE OF FUNDS:
Pump House
Fence
Contingency
Tree Planting
Total
$350 ,000
$150 ,000
50,000
100,000
50.000
$350 ,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2007 Budget for the City of Englewood.
ADOPTED AND APPROVED this 6th of August, 2007.
ATTEST: Olga Wolosyn, Mayor
J( ~J
. '
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2007.
Loucrishia A. Ellis, City Clerk
'
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 11 C ii A Resolution for a Supplemental Appropriation of
funds in the General Fund Safety Services
Department, Fire Division for expenditures incurred
during Wildland Deployment
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this supplemental specifically, but has supported the City's
participation in fighting wildland fires in the past.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Resolution for a supplem ental approp ria t ion
for expenditures incurred during the City's participation in wildland fire fighting activities .
GENERAL FUND:
SOURCE OF FUNDS:
Forest Service Reimbursement -Georgia Wildland Fire Fighting $25,292.90
USE OF FUNDS:
Fire Division Expenditures Incurred During Wildland Fire Fighting $25,292.90
BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED
City Council has encouraged the City to aid other communities and states in fighting fires in order
to protect natural and manmade assets as well as human and animal life. The City has deployed its
personnel to aid other communities and states in fighting fires . The City is reimbursed for its
expenditures.
FINANCIAL IMPACT
The total expenditures and reimbursements offset each other so there is no financial impact to the
City, but the City has the satisfaction of helping reduce the impact of wildland fires in Georgia.
LI ST OF ATTAC HM ENTS
R luti n
~--------~-~---------
RESOLUTION NO.
SERIES OF 2007
//eii
A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2007
BUDGET IN THE GENERAL FUND FOR EXPENDITURES INCURRED BY THE
ENGLEWOOD SAFETY SERVICES DEPARTMENT, FIRE DIVISION FOR
EXPENDITURES INCURRED DURING WILDLAND FIRE DEPLOYMENT.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS, the City Council has encouraged the City to aid other communities and states in
fighting fires in order to protect natural and man.made assets as well as human and animal life;
and
WHEREAS, the City of Englewood has deployed its personnel to aid in Wildland Fire
Fighting activities; and
WHEREAS, this supplemental appropriation to the 2007 Budget for the General Fund is
required for Fire Division Expenditures incurred during Wildland Fire Fighting;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year
ending 2007, as follows :
2007 SUPPLEMENT AL APPROPRIATION
GENERAL FUND
SOURCE OF FUNDS:
Forest Service Reimbursement -Georgia Wildland Fire Fighting
USE OF FUNDS:
Fire Division Expenditures Incurred During W ildland Fire Fighting
$25,292 .50
$25,292.50
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2007 Budget for the City of Englewood .
ADOPTED AND APPROVED this 6th of August, 2007 .
ATTEST: Olga Wolosyn, Mayor
Jerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No . __ , Series of 2007 .
Loucrishia A. Ellis, City Clerk
'
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 11 C iii Computerized Maintenance Management System
Implementation
Initiated By: Staff Source:
The L/E WWf P Superv isory Comm ittee Stewart H. Fonda, Utilities Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The purchase of the Datastream MP2 Computerized Maintenance Management System (CMMS) in
September 1999.
The CMMS upgrade from Datastream MP2 to Datastream 7i approved by Council May 16, 2005.
The implementation of Datastream 7i was approved as part of the 2005 budget process .
RECOMMENDED ACTION
Approve, by Motion , the contract with Stratum Consulting Partners for the implementation of
Datastream 7i in the amount of $187,620 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Littleton/Englewood Wastewater Treatment Plant (L/E WWf P) currentl y utilizes Datastream
MP2 for Computerized Maintenan ce Management. The ex ist i ng software data platform, MP2, is no
lo nger in dev elopment and w ill not be supported by D atastream . In 200 5, th e L/E WWfP upgrad ed
to Datas t re am 7i, a browser-b ased, off-si te hosted Compute ri z ed Mainten ance M anag em e nt
Sys tem .
The Datastream 7i system needs to be implemented and configured . Implementation includes
se tting up all process equipment, compiling asset data such as location, cost history, warranties,
claims, meters, permits, and documents, Preventive Maintenance (PM) program histories,
maintenance and performance histories, inventory and parts replacement, interfaces to SCADA and
other L/E systems in order to maximize productivity and asset life.
Four firms responded to a Statement of Qualifications (SOQ) for the implementation of a
professional services project and all four were subsequently prequalified. All four firms were sent an
amended SOQ requesting proposals and scope of work. Two firms submitted responsive
proposals:
Global PTM
Stratum Consulting Partners
$180,000
$187,620
Staff reviewed the proposals and found them to be responsive. Project teams from both firms were
interviewed. Based on the bid proposals and on-site interviews, staff recommends Stratum
Consulting Partners to perform the implementation services .
The Information Technology Division has reviewed and approved the agreement with Stratum
Consulting Partners .
FINANCIAL IMPACT
As a capital expenditure, the implementation cost of $187,620 will be shared 50/50 by the Ci t ies of
Englewood and Littleton.
LIST OF ATTACHMENTS
Implementation Services Agreement
t
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement ") is made as of this __ day of
-----· 2007, (the "Effective Date ") by and Stratum Consulting Partners , a Colorado
Lim ite d Liability Corporation ("Contractor"), and The City of Englewood , Colorado , a municipal
corporation organized under the laws of the state of Colorado ("City ").
City desires that Contractor, from time to time, provide certain consulting services, systems
integration services, data conversion services, training services, and/or related services as described
herein, and Contractor desires to perform such services on behalf of City on the terms and conditions
set forth herein .
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration , the receipt and sufficiency of which are hereby acknowledged , the parties hereto,
intending to be legally bound , agree as follows:
1. Definitions. The terms set forth below shall
be defined as follows :
(a) "Intellectual Property Rights" shall
mean any and all (by whatever name or term
known or designated) tangible and intangible
and now known or hereafter existing (1) rights
associate with works of authorship throughout
the universe , including but not limited to
copyrights , moral rights , and mask-works , (2)
trademark and trade name rights and similar
rights , (3) trade secret rights , (4) patents,
designs , algorithms and other industrial property
rights , (5) all other intellectual and industrial
property rights (of every kind and nature
throughout the universe and however
designated) (including logos, "rental " rights and
rights to remuneration), whether arising by
operation of law , contract , license , or otherwise ,
and (6) all reg istrations , initial applications ,
renewals , extens ions , cont inuat ions , divisions or
reissues here of now or here afte r in forc e
(including any rights in any of the foregoing).
(b) "Work Product" shall mean all
patents , patent applications , inventions , designs ,
mask works , processes , methodol ogies ,
copyrights and co pyrighta ble wo rks , tra de
secre ts including confidential information , data ,
designs , manuals , training materi als and
documentation , formulas , knowledge of
manufacturing processes , methods, prices ,
financial and accounting data , products and
product specifications and all other Intellectual
Property Rights created , developed or prepared ,
documented and/or delivered by Contractor,
pursuant to the provis ion of the Services .
2. Statements of Work. During the term
hereof and subject to the terms and conditions
contained herein, Contractor agrees to provide ,
on an as requested basis, the consulting
services , systems integration services, data
conversion services, training services , and
related services (the "Services ") as further
described in Schedule A (the "Statement of
Work") for City , and in such additional
Statements of Work as may be executed by
each of the parties hereto from time to time
pursuant to this Agreement. Each Statement of
Work shall specify the scope of work ,
specifications , basis of compensation and
payment schedule , estimated length of t ime
required to complete each Statement of Work ,
including the estimated start/finish dates , and
other relevant information and shall incorporate
all terms and conditions contained in this
Agreement
3. Performance of Services .
(a) Perfo rma nce. Contractor shall
perform the Services necessary to complete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specificat ions , if any , set forth in the
St atement of Work , and in accordance wi t h
in dustry sta ndards . Contractor agrees to
exercise the highest degree of professi~nalism ,
and to utilize its expertise and creative talents
in completing the projects outlined in a
Statement of Work.
(b) Delays. Contractor agrees to
notify City promptly of any factor , occurrence ,
or event coming to its attention that may affect
Contractor's ability to meet the requirements of
the Agreement , or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work . Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike , or major equipment
failure . Time is expressly made of the essence
with respect to each and every term and
provision of this Agreement.
(c) Discrepancies. If anything
necessary for the clear understanding of the
Serv ices has been omitted from the Agreement
specifications or it appears that various
instructions are in conflict, Vendor shall secure
written instructions from City's project director
before proceeding with the performance of the
Services affected by such omissions or
discrepanc ies .
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work ,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City .
Acceptance procedures shall be outlined in the
Statement of Work . If City disputes all or any
portion of an invo ice for charges , then City
shall pay th e und isputed port ion of the invoi ce
by the du e date and sh all prov ide the fo ll owing
notification with respect to the disputed portion
of the invo ice . City shall notify Contractor as
soon as possible of the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute . The parties shall
then attempt to resolve the disputed portion of
such in voice as soon as possible . Upon
resolution of the disputed portion, City shall
pay to Contractor the resolved amount.
5. Taxes . City is not subject to
taxation . No federal or other taxes (exc ise ,
luxury , transportation , sales , etc.) shall be
included in quoted prices . City shall not be
obligated to pay or reimburse Contracto r fo r
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income , capital , net worth ,
franchise , privilege , any other taxes , or
assessments, nor any of the foregoing
imposed on or payable by Contractor. Upon
written notification by City and subsequent
verification by Contractor, Contractor shall
reimburse or credit, as applicable, City in a
timely manner , for any and all taxes
erroneously paid by City . City shall provide
Contractor with, and Contractor shall accept in
good faith, resale , direct pay , or other
exemption certificates , as applicable .
6. Out of Pocket Expenses. Contractor
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City , provided Contractor has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits . Contractor shall prov ide such
employees and independent auditors and
inspectors as City may designate with
re asonable access to all sites from wh ich
Serv ices are performed for the purposes of
performing audits or inspections of
Contractor's operations and compliance with
this Agreement. Contractor shall provide such
auditors and inspectors any reasonable
assistance that they may require . Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Contractor are not impacted adversely .
8. Term and Term i nation. T he term of
this Agreement shall co mmen ce on the
Effective Date and shall continue unless th is
Agreement is terminated as provided in this
Section 8.
(a) Convenience . City may , without
cause and without penalty , terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice . Upon such termination , City
shall , upon receipt of an invoice from
Contractor, pay Contractor for Services
actually rendered prior to the effective date of
such termination . Charges will be based on
t ime expended for all Incomplete tasks as
li sted In the applicable Statement of Work , and
,
all completed tasks will be charged as
indicated in the applicable Statement of Work .
(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work.
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of termination
to the defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party : (1)
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors ; (2) applies for, consents to , or
acquiesces in the appointment of a receiver ,
trustee, custodian , or liquidator for its business
or all or substantially all of its assets ; (3) files ,
or consents to or acquiesces in , a petition
seeking relief or reorganizat ion under any
bankruptcy or insolvency laws ; or (4) files a
petition seek ing rel ief or reorgan ization unde r
any bankruptcy or inso lvency law s is f iled
against that other party and is not dismissed
within sixty (60) days after it was filed .
(e) T ABOR. The parties understand
and acknowledge that each party is subject to
Article X, § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR
by the execution of this Agreement. It is
understood and agreed that this Agreement
does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City 's
current fiscal period ending upon the next
succeeding December 31 . Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules , regulations, and resolutions of City
and applicable law . Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated .
(f) Return of Property. Upon
termination of this Agreement , both parties
agree to return to the other all property
(including any Confidential Information , as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations . City will provide
timely access to City personnel , systems and
information required for Contractor to perform
its obligations hereunder. City shall provide to
Contractor's employees performing its
obligations hereunder at City 's premises ,
without charge , a reasonable work
environment in compliance with all applicable
laws and regulations , including office space ,
furniture , telephone service , and reproduction ,
computer , facsimile , secretarial and other
necessary equipment , supplies, and services .
With respect to all third party hardware or
software operated by or on behalf of City , City
shall , at no expense to Contractor, obta in all
consents , licenses and sublicenses necessary
for Contractor to perform under the Statements
of Work and shall pay any fee s o r other costs
ass ociated w it h o bt ai ning such consents,
licenses and sublicenses .
10. Staff. Contractor is an independent
contractor and neither Contractor nor
Contractor's staff is, or shall be deemed to be
employed by City . City is hereby contracting
with Contractor for the Services described in a
Statement of Work and Contractor reserves
the right to determine the method, manner and
means by which the Services will be
performed . The Services shall be performed by
Contractor or Contractor's staff, and City shall
not be required to hire , supervise or pay any
assistants to help Contractor perform the
Services under this Agreement. Except to the
extent that Contractor's work must be
performed on or with City's computers or City's
existing software, all materials used in
providing the Services shall be provided by
Contractor.
11. Confidential Information .
(a) Obligations. Each party hereto
may rece ive from the other party information
which relates to the other party's business,
research , development, trade secrets or
business affairs ("Confidential Information").
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-101 et. seq ., each party shall
protect all Confidential Information of the other
party with the same degree of care as it uses
to avo id unauthorized use, disclosure ,
publication or dissemination of its own
confidential information of a similar nature, but
in no event less than a reasonable degree of
care . Without limiting the generality of the
foregoing, each party hereto agrees not to
disclose or perm it any other person or entity
access to the other party 's Confident ial
Information except such disclosure or access
shall be perm itted to an employee , agent ,
representative or independent contractor of
such party requiring access to the same in
order to perform his or her employment or
services . Each party shall insure that the ir
employees , agents , representatives , and
independent contractors are advised of the
confidential nature of the Confident ial
Information an d are precluded fro m tak ing an y
action prohibited under t hi s Sect ion 11 .
Further , each party agrees not to alter or
remove any identification , copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party . A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession , use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing , nothing in th is
Agreement shall restrict either party with
respect to information or data Identical or
si mil ar to that conta ined in the Confiden ti al
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party ; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure .
(b) Know-How. For the avoidance of
doubt neither City nor Contractor shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nature .
(c) Remedies. Each of the parties
hereto agree that if any of them , their officers ,
employees or anyone obtaining access to the
Confidential Information of the other party by ,
through or under them , breaches any provision
of this Section 11 , the non -breaching party
shall be entitled to an accounting and
repayment of all profits , compensat ion ,
comm1ss1ons , remunerations and benefits
which the breaching party , its officers or
employees directly or indirectly realize or may
realize as a result of or growing out of, or in
connection with any such breach . In addition
to, and not in limitation of the foregoing , in the
event of any breach of this Section 11 , the
part ies agree that the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
inju ry to the non-breac hing party arisi ng fr om a
violation of this Section 11 would be impossible
to calculate and would therefore be an
inadequate remedy at law. Accordingly , the
parties agree that the non -breaching party
shall be entitled to temporary and permanent
injunctive relief against the breaching party , its
officers or employees and such other rights
and remedies to which the non -breaching party
may be entitled to at law , in equity or under this
Agreement for any violation of this Section 11 .
The provisions of this Section 11 shall surv ive
the expiration or term ination of th is Agreement
for any reason .
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work, who shall act for that party on all matters
under the Statement of Work . Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one request to review the status of the
Statement of Work .
13. Warranties.
(a) Authority. Contractor represents
and warrants that: ( 1) Contractor has the full
corporate right, power and authority to enter
into this Agreement and to perform the acts
required of it hereunder; (2) the execution of
this Agreement by Contractor, and the
performance by Contractor of its obligations
and duties hereunder , do not and will not
violate any agreement to which Contractor is a
party or by which it is otherwise bound under
any applicable law , rule or regulation ; (3) when
executed and delivered by Contractor, this
Agreement will constitute the legal , valid and
binding obligation of such party , enforceable
against such party in accordance with its
terms ; and (4) Contractor acknowledges that
City makes no representations , warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty. Contractor
warrants that its employees and contractors
shall have sufficient sk ill, knowledge, and
training to perform Services and tha t the
Services shall be performed in a professional
and workmanlike manner.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work , Contractor warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work ..
During the course of performance of Services ,
City may , for any or no reason , request
replacement of an employee or a proposed
employee . In such event , Contractor shall ,
within five (5) work ing days of receipt of such
request from City, provide a substitute
employee of sufficient skill, knowledge, and
training to perform the applicable Services .
Contractor shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies .
(d) Compensation and Benefits.
Contractor shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to , workers' compensation benefits)
which an employer is required to pay relating
to the employment of employees . City shall not
be liable to Contractor or to any employee for
Contractor's failure to perform its
compensation, benefit, or tax obligations .
Contractor shall indemnify, defend and hold
City harmless from and against all such taxes ,
contributions and benefits and will comply with
all associated governmental regulations,
including the filing of all necessary reports and
returns .
14. Indemnification.
(a) Contractor Indemnification.
Contractor shall indemnify , defend and hold
harmless City , its directors, officers ,
employees , and agents and the heirs ,
executors , successors, and permitted assigns
of any of the foregoing (the "City lndemnitees")
from and against all losses , claims, obligations .
demands , assessments , fines and penalties
(whether civil or criminal}, liabilities , expenses
and costs (including reasonable fees and
disbursements of legal counsel and
accountants), bodily and other personal
injuries , damage to tangible property , and
other damages , of any kind or nature , suffered
or incurred by a City lndemnitee directly or
indirectly arising from or related to : (1) any
negligent or intentional act or omission by
Contractor or its representatives in the
performance of Contractor's obligations under
this Agreement, or (2) any material breach in a
representation , warranty , covenant or
obligation of Contractor contained in this
Agreement.
(b) Infringement Contractor will
indemnify , defend , and hold City harmless from
)
all lndemnifiable Losses arising from any third
party claims that any Work Product or
methodology supplied by Contractor infringes
or misappropriates any Intellectual Property
rights of any third party ; provided, however,
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on : (1) use of the
Work Product in combination with products or
services not provided by Contractor to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used ; (2) any modification or enhancement to
the Work Product made by City or anyone other
than Contractor or its subcontractors; or
(3) use of the Work Product other than as
permitted under this Agreement.
(c) Indemnification Procedures.
Notwithstanding anything else contained in this
Agreement, no obligation to indemnify wh ich is
set forth in th is Sect ion 14 shall apply unless the
party claiming indemnificat ion notifies the other
part y as soon as pract icable to avo id any
prejud ice in the cla im, su it or proceed ing of any
matters in respect of which the indemnity may
apply and of wh ich the notify ing party has
knowledge and g ives the other party the
opportun ity to control the response thereto and
the defense thereof; provided , however, that the
party claim ing indemn ification shall have the
ri ght to part icipate in any legal proceed ings to
cont est and defe nd a cla im fo r indemn ificat ion
in vo lving a t hird pa rty and to be rep resented by
its own atto rne ys, all at suc h party 's cost an d
expense; provided further, however, that no
settlement or compromise of an asserted third-
party claim other than the payment/money may
be made without the prior written consent of the
party claiming indemnification .
(d) Immunity. City , its officers, and its
employees , are relying on , and do not waive or
intend to waive by any provision of this
Agreement , the monetary limitations or any
other rights , immunities , and protections
provided by the Colorado Governmental
Immunity Act , C.R.S . 24 -10-101 et seq ., as
from time to time amended , or otherwise
ava ilable to City , its officers , or its employees .
15. Insurance.
(a) Requirements. Contractor agrees to
keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) The Contractor shall comply
with the Workers ' Compensation Act of
Colorado and shall provide compensation
insurance to protect the City from and against
any and all Workers ' Compensation claims
arising from performance of the work under
this contract. Workers ' Compensation
insurance must cover obligations imposed by
applicable laws for any employee engaged in
the performance of work under this contract, as
well as the Employers' Liability within the
minimum statutory limits .
(2) Commercial General Liability
Insurance and auto liability insurance
(including contractual liability insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than three mill ion dollars
($2 ,000 ,000) per occurrence .
(3) Professional Liability/Errors and
Om issions Insurance covering acts , errors and
omissions arising out of Contractor's
operations or Services in an amount not less
than one mill ion dollars ($1 ,000 ,000 ) per
occu rrence .
(4) Emp loyee Dishonesty and
Com puter Fraud Insuranc e cove ri ng losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Contractor personnel, acting alone or with
others , in an amount not less than one million
dollars ($1,000,000) per occurrence .
(b ) Approved Compani es. All such
insurance shall be procured with such insurance
companies of good standing , permitted to do
business in the country , state or territory where
the Services are being performed .
(c) Ce rt ificates. Contractor shall provide
City with certificates of insurance evidencing
compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective carriers for each year that this
Agreement is in effect. Certificates of
insurance will list the City of Englewood as an
additional insured. Each certificate of
insurance shall provide that the issuing
company shall not cancel, reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days '
notice of such cancellation, reduction or
material change has been provided to City .
16. Rights in Work Product.
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Contractor under any Statement of Work shall
remain the property of Contractor. With respect
to the Work Product, Contractor
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights , a non-exclusive , irrevocable , perpetual ,
worldwide , fully paid and royalty-free license ,
to reproduce , create derivative works of,
distribute , publicly perform and publicly display
by all means now known or later developed ,
such Intellectual property Rights .
(b) Know-How. Notwithstand ing
anything to the contrary herein , each party and
its respective personnel and contractors shall
be free to use and employ its and the ir general
skills , know-how , and expert ise , and to use ,
d is close , and employ any gene ral iz ed idea s,
concepts , know-how , methods , tec hn ique s, or
skills gained or learned during the course of
any assignment, so long as it or they acquire
and apply such information without disclosure
of any Confidential Information of the other
party .
17. Rela t ion ship of Parties. Contractor is
acting only as an independent contractor and
does not undertake , by this Agreement , any
Statement of Work or otherwise , to perform
any obligation of City , whether regulatory or
contractual. or to assume any responsibility for
City 's bus iness or operat ions . Neither party
shall act or represent itself, directly or by
implication, as an agent of the other, except as
expressly authorized in a Statement of Work .
18. Complete Agreement. This
Agreement contains the entire agreement
between the parties hereto with respect to the
matters covered herein .
19. Applicable Law. Contractor shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subject but to
which reference is not made in the applicable
Statement of Work. This Agreement shall be
construed in accordance with the laws of the
State of Colorado. Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County, Colorado and each party hereto
consents to jurisdiction and venue before such
courts .
20 . Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to perm it
enforcement to its fullest extent, then such
prov ision shall be enforced to the maximum
extent permitted by law, and the part ies hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail , but that the scope of such
provision shall be curta iled only to the extent
necessary to conform to law .
21 . Additional Work . After recei pt of a
Statement of Wo rk, Ci ty , wi th Contractor's
consent , may request Contractor to undertake
additional work with respect to such Statement
of Work . In such event, City and Contractor
shall execute an addendum to the Statement
of Work specifying such additional work and
the compensation to be paid to Contractor for
such additional work.
22. Subco ntrac t ors. Contractor may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City. In the event of any perm itted
subcontracting, the agreement with such third
party shall provide that , with respect to the
subcontracted work, such subcontractor shall
be subject to all of the obligations of Contractor
specified in this Agreement.
23 . Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery ,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery . Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto .
24. Assignment. This Agreement may not
be assigned by Contractor without the prior
written consent of City . Except for the
prohibition of an assignment contained in the
preceding sentence , this Agreement shall be
binding upon and inure to the benefit of the
he irs , successors and assigns of the parties
hereto .
25. Third Party Beneficiaries . This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
th is Agreement.
26 . Headings. The section headings in
th is Agreement are solely fo r convenience and
shall no t be cons idered in its interpretat ion .
The re cital s set forth on t he first pag e of th is
Agreement are incorporated into the bo dy of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Wai ver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time ; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provis ion itself.
28. Force Majeure. If performance by
Contractor of any service or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods , lightning ,
severe weather, shortages of materials,
rationing, utility or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies , blockade , embargo or
any law, order, proclamation , regulation ,
ordinance, demand or requirement having
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause ,
which are beyond the reasonable control of
Contractor, then Contractor shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference . If
the period of such delay exceeds thirty (30)
days, City may , without liability, terminate the
affected Statement of Work(s) upon written
notice to Contractor .
29. Time of Performance . Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30 . Permits. Contractor shall at its own
expense secure any and all licenses, permits
or certificates that may be required by any
federal , state or local statute , ordinance or
regulation for the performance of the Serv ice s
under the Agreement. Contractor shall also
comply with the provis ions of all App li cable
Laws in performing the Serv ices unde r th e
Agreement. At its own expen se and at no cost
to City, Contractor shall make any change,
alteration or modification that may be
necessary to comply with any Applicable Laws
that Contractor failed to comply with at the time
of performance of the Services .
31. Med ia Releases. Except for any
announcement intended solely for internal
distribution by Contractor or any disclosure
required by legal , accounting , or regulatory
requirements beyond the reasonable control of
Contractor , all media releases , public
announcements, or public disclosures
(Including, but not limited to , promotional or
marketing material) by Contractor or its
\
employees or agents relating to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
be coordinated with and approved in writing by
City prior to the release thereof. Contractor
shall not represent directly or indirectly that any
Services provided by Contractor to City has
been approved or endorsed by City or include
the name, trade mark, or symbol of City on a
list of Contractor's customers without City's
express written consent.
32. Nonexclusive Market and Purchase
Rights . It is expressly understood and agreed
that this Agreement does not grant to
Contractor an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services. Contractor
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions .
Estimates or forecasts furnished by City to
Contractor prior to or during the term of this
Agreement shall not constitute commitments .
33. Survival. The provisions of Sections 5,
8(g), 10 , 11, 13 , 14 , 16 , 17, 19 , 23 , 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
34. Verification of Compliance with C.R.S.
8-17.5-101 ET.SEQ. Regarding Illegal
Allens.
(a) Employees, Contractors and
Subcontractors : Contractor shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Contractor shall not contract with a
subcontractor that (i) knowingly employs or
contracts with an illegal alien to perform work
under this Contract or (ii) fails to certify to the
Contractor that the subcontractor will not
knowingly employ or contract with an illegal
alien to perform work under th is Contract.
[CRS 8-1 7.5-102(2)(a)(I) & (II).]
(b) Verification : Contractor has
verified or attempted to verify through
part ici pation in the "basic pilot program "
(au thorized by P.L.204 of 104111 Congress and
amended by P .L.156 of 1081h Congress) that
Contractor does not employ any illegal aliens .
And, if not accepted into the "basic pilot
program" prior to entering into this Contract,
Contractor further verifies, Contractor will apply
to participate in the "basic pilot program" every
three months until Contractor is accepted or
this Contract is completed, whichever is earlier .
[CRS 8-17 .5-102(2)(b)(l).J
(c) Limitation Regarding the
"Basic Pilot Program": Contractor shall not
use basic pilot program procedures to
undertake pre-employment screening of job
applicants while performing this Contract. CRS
8-17 .5-102(2)(b)(II).]
(d) Duty to Terminate a
Subcontract: If Contractor obtains actual
knowledge that a subcontractor performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Contractor
shall ;
(1) notify the subcontractor and
the City within three days that the
Contractor has actual knowledge that
the subcontractor is employing or
contracting with an illegal alien ; and
(2) terminate the subcontract
with the subcontractor if, within three
days of receiving notice that the
Contractor has actual knowledge that
the subcontractor is employing or
contracting with an illegal alien , the
subcontractor does not stop employ ing
or contracting with the illegal alien .
CRS 8-17 .5-102(2)(b)(lll)(A) & (8).)
(3) Exception: If the
subcontractor provides information to
establish that the subcontractor has not
knowingly employed or contracted with
an illegal alien and the subcontractor
stops employing or contracting with the
illegal alien .
(e) Duty to Comply with State
Investigation : Contractor shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made in
the course of an Investigation pursuant to
C.R.S . 8-17.5-102 (5). CRS 8-17 .5-
102(2)(b)(IV).]
(f) Damages for Breach of Contract:
The City may terminate this contract for a
breach of contract, in whole or in part, due to
Contractor's breach of any section of this
paragraph. Contractor shall be liable for
actual and consequential damages to the City
in addition to any other legal or equitable
remedy the City may be entitled to for a breach
of this Contract.
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written. This Agreement may be executed
in counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By: ______________ _
Title: _______________ _
ATTEST:
City Clerk
;5A .... ~ ~ ... ~t,I\~ ~ ~..A~'5
(Contractor Name)
35<{ o Cp..s\\-.. ~~ ~~
Address
__gu~r 'i'--~ 80tl ?--7
City, Stte, Zip Code
By: &,JOI:: e f:ui:
Tltle: ~~ ( p,.~ pa:/
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
[Identification of parties and date of execution}
[Reference to Professional Services Agreement by date}
2. NAMES OF PROJECT COORDINATORS
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
[General description of work or services}
4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
5. OTHER CONTRACTOR RESOURCES
[If desired , provide for the Contractor's commitment of its own staff, facilities , and other
resources by nature or item]
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
[Include functional and technical specifications of Work Product and Documentation , and
refer to any specific enhancements that may be sought.]
[Describe prototype or components to be delivered .]
[Include as Deliverables copies of the reports of all project reviews, inspections , and
tests conducted during the course of performance.]
7. SPECIAL TERMS, IF ANY
8 . MODE OF PAYMENT
9. PAYMENT SCHEDULE
City will pay Contractor for the work in accordance with the following payment schedule. All
payments to Contractor are contingent on Contractor's satisfying the Deliverables/Milestones
set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to
Contractor that the Deliverables-Milestones have been satisfied.
[Insert payment schedule]
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and
delivery of the Deliverables by Contractor.
Performance
Milestone
Responsible
Party
11 . ACCEPTANCE AND TESTING PROCEDURES
12 . LOCATION OF WORK FACILITIES
Target
Date
Substantially all of the work will be conducted by Contractor at its regular office located in
City will provide the City office space and support as it agrees may be appropriate , at its
______ facility .
IN WITNESS WHEREOF , pursuant and in accordance w ith the Professional Services
Agreement between the parties hereto dated , 2006 , the parties have
executed th is Statement of Work as of th is day of , 2006 .
CI TY OF ENGL EWOOD , CO LORADO
By : __________ _
Title : ____________ _
s "-AL\..-~14 +.~3°""-\"~u-~
Company Name
By : ~ Cfwl.
Title : _6_o __ '-'_~ ____ ,_, .,.f_P_r._·,(_C _r( .... 4 ___ _
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
Project Title: Stratum Consulting Partners, LLC Implementation Services for UE WWTP Datastream 7i
(August 2007)
Project Team Info:
Stratum Consulting Partners proposes to use several individual resources for the
implementation project. Clay Bush will serve as Project Manager. Eric Faith and Marcela
Rascon will serve as Lead Consultants. Mr. Bush has led many EAM implementations, both as
Principal Consultant for his own company, and for several years while employed as a
consultant and consulting manager for Datastream Systems, Inc. Mr. Faith has accrued
several years of experience with all the major modules of Datastream 7i while working for his
former employer, Premier, and most recently as a consultant for Stratum Consulting Partners.
Marcela Rascon joined Stratum in 2007 after implementing and administering the Datastream
MP2 and 7i applications for several years at University Hospital in Denver.
Mr. Bush and Miss Rascon reside full time in the Denver area, and Mr. Faith resides in
Evansville IN. Stratum Consulting Partners will make every effort to ensure that travel and
living expenses for Mr. Faith are minimized, by exploring various extended stay options, and
generally planning travel as far in advance as possible to minimize costs.
Mr. Bush will generally spend 8-16 hours per week on-site during the project, and will be
available for phone calls whenever required. Mr. Faith will spend the majority of his time on-
site, particularly at the project's beginning. However, when advisable from a cost standpoint
and agreeable to the LE-WWTP project team, Mr. Faith and Miss Rascon may undertake
some project activities from his home office.
Please note that the proposed SCADA interface may require additional resources outside of
LE-WWTP IT and Mr. Bush and Mr. Faith . Additional review of the SCADA system
architecture, the overall LE-WWTP network and application infrastructure and LE-WWTP skills
and availability w i ll be required to determine the need for additional resources .
2. NAMES OF PROJECT COORDINATORS
Clay Bush , Project Manager
Cindy Goodburn, UE WWTP Project Manager
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
Implementation Methodology and Core Team Requirements
Stratum Consulting Partners (SCP) proposes to implement the Datastream 7i version 8.2
application in partnership with the LE-WWTP project team . The proposed project segments are
each listed below , with an explanation of what is to be accomplished during each segment. Please
note that these segments , upon completion , will bear a deliverable and will represent a milestone
in the project lifecycle . Each milestone will require sign-off by a client representative prior to
moving into the next project segment. Please see the accompanying MS Project Gantt chart for a
graph ical representation of the project segments and timeline .
Discovery
During the discovery phase, SCP will spend time on-site with LE-WWTP stakeholders and team
members through interviews, group meetings, brainstorming sessions, etc. to fully understand all
business processes that are proposed to be managed within the Datastream 7i system . Major
information and decisions that are to be elicited during this phase include:
• Quality of existing data and decisions on what portion will be migrated forward
• Features and functions in MP2 that have provided value to the organization and that
should be migrated forward . (Conversely, limitations of MP2 that were problematic
and should be overcome .)
• In-depth review and discussions of the PCA and LE-WWTP developed business
processes (Asset Reliability Model), and how they will be integrated into the
Datastream 7i system
• Level of commitment of team members and management for the project
• Ultimate stakeholders and success metrics
Deliverable: Complete and final project plan and scope for migration to Datastream 7i, including
detailed tasks and ownership of each. Customer signoff required to move to next phase.
Design and Test (Test System Development)
During this project phase a complete test 7i system will be developed with LE-WWTP sample data .
This phase allows the core team and key user base to participate in the system design and testing
in a "real world " setting. All system modules and core business processes (i.e. Base Module,
Assets Module, Work Order Processing , PMs, etc.) will be modeled, configured and completely
tested. The core team will execute customized test scripts against the database to validate the
configuration. Some of the tasks incorporated into this phase include:
• Core Team Training
• Data Structure Comparison
• Test system configuration and process review (See expanded list of tasks in P roject
Gantt Chart)
• Test script execution
• Sample data conversion
• Final data conversion requirements development
• Acceptance
Deliverable/Milestone : Configured and tested system (design frozen). Customer signoff required to
proceed to next phase .
:ommlsslon and Deploy
During this project phase the Production 7i system will be configured and prepared for final data
conversion, based on the accepted design of the test system. The core team will begin taking ownership
of the process during this phase and will be responsible for the majority of the development and
configuration of the production system . Additional core team training will occur during this phase
concurrent with the system configuration. During this final phase the end -users will receive training based
on thP-ir roles and needs, the final data conversion will take place and the cut-over will occur. Tasks that
will be performed during this phase include:
• Production configuration
• Documentation of operating practices, procedures and requirements
• Training course segment and materials development
• Production configuration review and acceptance
• End user training
• Final data quality verification and migration
• Go-live
• Go-live support and corrective training
• System acceptance
Deliverable/Milestone: Commissioned Datastream 7i system
Resource Requirements of LE-WWTP
The Stratum Consulting Partners Project Manager will interface directly with the assigned Project Manager
from the LE -WWTP implementation team . Additional resources that will be required from LE-WWTP are
described below and will work both with Stratum Consulting Partners ' Project Manager and lead
Consultant for the du ration of the project.
Core Team Structure
It should be clear that many LE-WWTP personnel will need to be involved in this project for it to succeed .
Some will be required as part of the "Core Team ", indicating a relatively heavy level of involvement in the
effort, while others will be involved from time to time as subject matter experts, and some in executive
level or liaison roles. The following table lists the roles that must be filled in order for the project to begin.
Column 1 lists the Roles, Column 2 describes the role responsibilities, Column 3 indicates the relative
level of effort expected of the reso urce (Avg.), and Column 4 denotes the role type (C : Core Team, E:
Executive Level, L: liaison, S: Subject Matter Ex pert). An immediate next step is for the names of the
appropriate individuals to be supplied, for those persons to be notified of the need for their involvement,
and to gain the individual's agreement to serve as members of the overall project team .
Role Description % of Time on Type
Prolect
Executive Provides management support and perspective. Oto 25% E
Sponsor Resolves occasional disagreements. Approves
resource needs such as overtime, temporary help,
etc.
LE-WWTP Ultimate responsibility for adhering to project 50 to 100% C
Project schedule and driving completion of individual tasks .
Manager
IT Project or Ultimate responsibility for all IT related tasks (i.e. Oto 25% L
Program Software Installation, Hardware Acquisitions, etc.).
Manager Key player throughout, so as to be in a position to
suooort the application after it is commissioned.
User Key Role. Will be responsible for applying 50 to 100% C
Administrators configuration decisions, security, user and group
rights, etc. Heavily involved both during the project
and after commissioning. Will need primary and
backup individuals for this role.
Lead Key role in all activities. Will provide input during all 25 to 75% C
Maintenance major project phases, including application design
Technicians decisions, business process and work flow
decisions , system testing, etc. All facilities should
supply representatives in this role .
Maintenance Will be looked to for input on all major application 25 to 75% C
Managers/ design, work flow and data content issues. Will
Supervisors provide cross functional perspective and help keep
discussions on track .
Maintenance Will be required during all workflow related 25 to 75% C
Planners and activities. Because their role is so central to the
Schedulers success of the project, these individuals will have
heavv project involvement
Accounting Will be called on from time to time for input on 0 to 25% s
/Finance accounting and finance related issues.
Representative
Additional . Phase 2 and 3 Resources -,~ .. .,,.·,. ,,flf ---.
~1, ... 1 -. ·i i. ' '
Purchasing Key role in any Purchasing related activities . Oto 25% C
/Buyer Particularly involved in all discussions related to
Representative materials management and ourchasina.
Materials Key role in most activities. Will learn entire system 25 to 75% C
Management in order to understand the full impact of effective
(Storeroom) materials management on the maintenance
Representative operation .
s
Project Cost Estimates
The following table of figures represents the estimated cost of the Datastream 7i implementation based on
current information and the proposed project schedule (Gantt chart) provided in the SQQ response
(
Item Qty/UOM Rate/UOM Extended Cost
Phase 1 Cost Estimates
Lead Consultant 63/Day $1 ,200 .00 $75,600 .00
Project Manager 16/Day 1,280.00 20,480.00
Developer (SCADA Interface) 12/Day 1,000 12,000,00
Estimated Travel and Living 9 Round Trips 1,500 .00 13 ,500.00
Pha1e 1 Total 1121,580.00
Phase 2 Cost Estimates
Lead Consultant 34/Day $1,200.00 $40,800.00
Project Manager . 7/Day 1,280.00 8,960 .00
Estimated Travel and Living 5 Round Trips 1,500.00 7,500 .00
Phgse 2 Total 157,260.00
Phase 3 Cost Estimates
Lead Consultant 5/Day $1,200.00 $6,000 .00
Project Manager 1/Day 1,280 .00 1,280.00
Estimated Travel and Living 1 Round Trip 1,500.00 1,500.00
Ph11e 3 TQtal 18,780.00
Training Materials/Samples :
Stratum Consulting Partners is a proponent of training around the defined processes of the client. In the
case of LE-WWTP, the processes have largely been defined as an outcome of the PCA engagement. As
shown on the following example pages, we use process flows as "Props" during the training , and
accompany these with "Handbooks" which are focused worksheets developed (one or more) for each
major process . Each user will receive a binder with a collection of Handbooks, Process Flow Diagrams
and SOPs appropriate for his/her role . These sheets can be utilized by these personnel when needed and
can be used by the client for follow-on training .
The training rollout is designed around several training "segments" or classes that are each delivered
multiple times so that the majority of plant personnel will have the opportunity to attend . A sample set of
class segments might resemble the following :
)
Segment Description Audience Length
Introduction to 7i Basic Navigation, Search and Query for Mandatory for All Users 2 Hours
Information, Personalize Your
Environment, Submit Work Requests
Work Orders I Work Order work flow, search and query Mandatory for 4 Hours
work orders, understanding work Maintenance Techs,
inboxes, booking time and material Supervisors, Managers,
Planner/Scheduler
Work Orders II Planning/Scheduling Mandatory for all 8 Hours
Managing Work Backlog Supervisors, Managers,
Planner/Scheduler
Work Order Reporting
Materials Mgmt Inventory Control Mandatory for Stores and 4 Hours
Purchasing Personnel
Requisitions Creating/Submitting/ Approving Purchase Mandatory for any 4 Hours
Requisitions requisitioners and all
Inventory/Purchasing
personnel.
Purchasing Creating Purchase Orders , Receiving Mandatory for all 8 Hours
and Invoicing Inventory Purchasing
personnel
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
The Datastream system being implemented is a Application Service Provider (ASP) off-site hosted
environment. Access to that environment from the UE WWTP site will be necessary.
U E WWTP personnel will be responsible for providing SCADA interface assistance as needed ,
pro v id ing doc umentati o n regard ing the arch itecture and capabilities of the Rock well system tha t is
in use, and will be required to program and electronically deliver all outbound data transmissions
(Creating flat files per agreed specification and placing them in the agreed directory locations(s))
5. OTHER CONTRACTOR RESOURCES
[If desired, provide for the Contractor's commitment of its ow n staff, facilities, and other resources
by nature or item]
6. DESC RIPTION OF WORK PRODU CT AND DELI VERAB LES
.,hase 1 Project Details ,,,.
Name Duration Remarks
LE-WWTP-D7i lSOQ-06-130 PHASE 1) 63 .d
DISCOVERY 3.d
Site Review/Asset Reliabilitv Model Review 3 .d Review ARM mao desired caoabilities to 071
DESIGN AND TEST 42.d
Base Module 6 .d
Confiauration RAnuirements Review 1.d Master Confiauration Worksheet Created
Svstem Administrator Trainina 3.d Train Brenna on Base Module Caoabilities
Configure and Document Orgs, Classes, Multi-Org
Confiaure Base Module -TRN Environment 2 .d Securitv
Asset Manaaement 6.5d
Eauipment Data Review 2 .d Review existina """Uioment data
Eauioment Hierarchv Review 1.d Review desired ..,,uioment hierarchv
Data Miaration -TRN Environment 2.d Miarate data into the trainina environment
Core Team Trainina 1.d Train core team on asset manaaement functionalitv
Review and document use of database fields in Asset
Confirm Field Definitions . 5d Module .
Work Manaaement 6.5d
Map Asset Reliability Model to Datastream 71 Map Asset Reliability Model to Datastream 71
Confiauration 3 .d Confiauration
Core Team Trainina 3 .d Train core team on work man~ement module
Review and document use of database fields in Work
Confirm Field Definitions .5d Module
Schedulina 4.5d
Map Asset Reliability Model to Datastream 71
Mao Asset Reliabilitv Model to 071 Confiauration 2.d Confiauration
Core Team Traininn 2 .d Train core team on schedulina module
Review and document use of database fields in
Confirm Field Definitions .5d Schedulina module
Proiect ManaCJAment 2 .5d
Review project management functionality and discuss
Project Manaaement Strateav Develooment 1.d use of module
Core Team Trainina 1.d Train core team on use of ProiAr.h: Module
Review and document use of database fields in Projects
Confirm Field Definitions .5d Module
Flex SOL 3 .d
System Administrator Trainina 1.d Train Brenna on Flex SOL caoabilities
Develop baseline flex business rules based on core
Flex SOL Develooment 2 .d team feedback
71 Messenaer 1.d
Svstem Administrator Trainina .5d Train Brenna on 71 Messenaer
Develop baseline mail triggers based on ARM and team
71 MessennAr Conflauration .5d feedback
Data Collection 4 .d
System Administrator Trainina 2.d Train Brenna on Data collection
( API Confiauration 2 .d Conflnure baseline APla based on COfll team feedback
Scada Svltem Interface 12 .d
Dellon 2 .d Deaian coneole JUWicatlon and interface .. -·"'
Develoo 7 .d l)eu.lnn ..
Test 2 .d Test and Refine -
Deolov 1.d Install and Deploy
Svstem Testina 8.d
Test configured system and document defects or
Svstem Testina 5.d reauired chanaes
Revision/Retest Iterations 3.d Revise/Retest as reauired.
COMMISSION AND DEPLOY 18.d
Create all training and SOP documentation based on
Create/Deliver SOP and Trainina Material Docs 5.d confiaured svstem
Miarate Confiauration of PRD Environment 1.d Miarate confiauration to Production environment
Migrate final approved data set to Production
Final Data Miaration 1.d environment
End User Trainina 8.d Train end users
Go Live Assistance 3.d Suoervise Go Live
Commissioned Svstem .d End Phase 1
Phase 2
Phase 2 Project Details
Name Duration Remarks
LE-WWTP-D7i (SOQ-06-130 PHASE 2) 34.d
DISCOVERY 1.d
Site Review/Asset Reliabilitv Model Review 1.d Review ARM as aoolies to Materials MQmt
DESIGN AND TEST 26 .d
Base Module 4 .d
Review and document Base Module
ConfiQuration Reauirements Review 1.d Materials reauirements
Train Admin on additional Base module
Svstem Administrator Trainina 2 .d materials aspects
Configure Base module to support Materials
Configure Base Module -TRN Environment 1 .d Mgmt
Materials Manaaement 5.5d
Soare Parts Master Data Review 2 .d Review available oarts data
Migrate available data into Training
Data Migration -TRN Environment 1.d Environment
Core Team Training 2 .d Train Core Team on Materials Module
Confirm use of database fields in Materials
Confirm Field Definitions .Sd Module
l nsoections ManaQement 3 .5d
Map Asset Reliability Model to Datastream 7 i Map Asset Reliability Model to Datastream 7i
Configuration 1 .d Confiauration
Core Team Tra ining 2.d Train core team on lnsoections Module
Confirm use of database fields in Inspections
Confirm Field Definitions .Sd Module
Ooen Data Exchanae 7.d
Fiel d MaooinQ and ConfiQuration 2.d Confirm fiel d maoo ing and configurati o n
Design and Development 3 .d Design and develoo auery/HTTP string
TestinQ 2 .d Test and revise where reauired
Flex SOL 1.d
Develop additional SOL triggers as required
Flex SOL Develooment 1.d for Materials Module
System Testing 5 .d
System T estino 3 .d Test confiaured svstem
Revision/Retest Iterations 2 .d Revise/retest as reouired
COMMISSION AND DEPLOY 7 .d
Create/Deliver SOP and Trainina Material Docs 2 .d Create SOP and Trainina Materials
Migrate Materials Configuration to Production
Migrate Canfiauration d PRO Environment 1.d svstem
Migrate final Materiats data set to Production
Final Data Miaration 1.d svstem
End User Trainina 2 .d Train end UNrl
Go Live Assistance 1 .d Su ervise Go Live
Commissioned S stem .d End of Phase 2
7. SPECIAL TERMS, IF ANY
8. MODE OF PAYMENT
Check or ACH/EFT transaction
9. PAYMENT SCHEDULE
City will pay Contractor for the work in accordance with the following payment schedule. All payments to
Contractor are contingent on Contractor's satisfying the Deliverables/Milestones set forth in the Payment
Schedule. Payments shall be made upon City's written confirmation to Contractor that the Deliverables-
Milestones have been satisfied.
Stratum will invoice City monthly for time accrued during the prior month.
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and delivery of the
Deliverables by Contractor.
Performance Milestone Responsible Party Target Date
Phase 1 Discovery Stratum Consulting ~ugust 15, 2007
Phase 1 Design and Test Stratum Consulting/LEWWTP December 31, 2007
Phase 1 Commission and Stratum Consulting/LEWWTP Uanuary 31, 2008
Deploy
Phase 2 Discovery Stratum Consulting March 7, 2008
Phase 2 Design and Test Stratum Consulting/LEWWTP June 30, 2008
Phase 2 Commission and Stratum Consulting/LEWWTP July 31, 2008
Deploy
11 . ACCEPTANCE AND TESTING PROCEDURES
See description under number 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK: Design
and Test.
12 . LOCATION OF WORK FACILITIES
Some of the work will be conducted by Contractor at its regular office located in Superior, Colorado.
(
..::ity will provide the City office space and support as it agrees may be appropriate, at its
Littleton/Englewood Wastewater Treatment Plant facility .
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between
the parties hereto dated , 20_, the parties have executed this Statement of Work as of
this day of , 200_.
CITY OF ENGLEWOOD, COLORADO
By:------------
Title: -------------
Company Name
By:------------
Title: --------------
...
(
CITY OF ENGLEWOOD SERVICE CONTRACT
ANNUAL CERTIFICATION STATEMENT REGARDING EMPLOYING OR CONTRACTING WITH ILLEGAL
ALIENS
The Vendor or Contractor, whose name and signature appear below, certifies and agrees as follows :
TO: CITY OF ENGLEWOOD
c/o Purchasing and Contracts Manager
1000 Englewood Parkway
Englewood, Colorado 8011 O
Project Name------------------------
(If applicable)
As a prospective vendor or contractor for the above-identified bid/contract, I (we) do hereby certify that, as of the
date of this certification and for any contract with the City for the calendar year, I (we) do not knowingly employ
or contract with an illegal alien and that I (we) have participated in or attempted to participate in the "basic pilot
program· of the Department of Homeland Security in order to verify that I (we) do not employ any illegal aliens .
Vendor or contractor understands that if it fails to comply with any requirement of this provision or CRS 8-17 .5-
101 et seq., the City may terminate the contract for breach and the Vendor shall be liable for actual and
consequential damages to the City.
~ \ \ Certified and agreed to this ~ day of ---11.. '-I , 2007 .
Prospective Vendor or Contractor ,S\c:o,..-\."',~ ~s .... \~ 3c.--\f\~'">
(Full Legal Name , please type or print clearly )
~5:<C CD.s.\\<.. '":?e!QX, ;"1 .
Address
Sc...>~er-·,cr
City
BY:
State Z ip Code
Signature and Title of Authorized Representative
Attestation :
(If applicable)
VENDOR CA NNOT BEGIN WORK UNTIL THIS COMPLETED FORM IS RETURNED TO THE CITY OF
ENGLEWOOD
-
Explanatory Information Concerning Contracting with
Illegal Allens, Now Codified as CRS 8-17.5-101 et seq.
All of our service contracts are now required to include certification that the contractor does not knowingly
contract with illegal aliens . Part of that statute requires the certification from the contractor that the contractor
has "registered with or certify that they are in compliance with the "basic pilot program". While this program is
not necessarily new, it is unknown to most people doing business with municipalities in the State of Colorado.
The "basic pilot program" is a program run by the Federal Government within the Department of Homeland
Security. The program requires a party to apply for entry into the program and make certain agreements with the
Department of Homeland Security and Social Security programs. The information we have is that an application
can be made to participate in the "basic pilot program· over the internet. We have two websites which may be
helpful in doing so . While most programs add the http// before www automatically, please note that this site
requires https:// be entered. The site is:
HTTPS://W'NN.VIS-OHS .COMIEMPLOYERREGISTRATION
A set of instructions will appear and the applicant should follow those instructions. There is another site provided
by the State of Colorado, which is:
http ://www.uscis.gov/portaVsite/uscis
This information should provide the proposed contractor with information sufficient to fill out the contractor's
certification as required on our contracts as of August 9, 2006.
This information regarding compliance with BASIC PILOT PROGRAM REQUIREMENTS is given as a service
by the City and does not assure acceptance to the Federal program or acceptance of the proposed contract by
the City.
(
Basic Pilot Memorandum of Understanding Page 1 of 6
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security
Administration (SSA), the Department of Homeland Security and Stratum Consultin& Partnen, LLC
(Employer) regarding the Employer's participation in the Basic Employment Verification Pilot (Basic Pilot). The
Basic Pilot is a pilot program in which the employment eligibility of all newly hired employees will be confirmed
after the Employment Eligibility Verification Form (Fonn 1-9) has been completed.
Authority for the Basic Pilot is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, I IO Stat. 3009.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A.RESPONSIBLITIES OF THE SSA
I.Upon completion of the Form 1-9 by the employee and the Employer, and provided the Employer complies with
the requirements of this MOU, SSA agrees to provide the Employer with available information that will allow the
Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the
employment authorization of some newly hired employees.
2.The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise
during the Employer's participation in the Basic Pilot. The SSA agrees to provide the Employer with names , titles,
addresses , and telephone numbers of SSA representatives to be contacted during the Basic Pilot.
3.The SSA agrees to safeguard the information provided by the Employer through the Basic Pilot procedures, and
to limit access to such information, as is appropriate by law, to individuals responsible for the verification of
Social Security Numbers and for evaluation of the Basic Pilot or such other persons or entities who may be
authorized by the SSA as governed by the Privacy Act (5 U.S.C . § 552a), the Social Security Act (42 U.S.C. 1306
(a)), and SSA regulations (20 CFR Part 401).
4 .SSA agrees to establish a means of automated verification that is designed (in conjunction with the Department
of Homeland Security's automated system if necessary) to provide confirmation or tentative nonconfirmation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry.
5.SSA agrees to establish a means of secondary verification (including updating SSA records as may be
necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final
confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date ofreferral to SSA, unless it determines that more than IO days may be necessary . In such cases,
SSA will provide additional verification instructions.
B.RESPONSIBLITIES OF THE DEPARTMENT OF HOMELAND SECURITY
I .Upon completion of the Form 1-9 by the employee and the Employer, and completion by the Employer of SSA
verification procedures required prior to initiation of Department of Homeland Security verification procedures,
the Department of Homeland Security agrees to provide the Employer access to selected data from the
Department of Homeland Security's database to enable the Employer to conduct automated verification checks on
newly hired alien employees by electronic means.
2.The Department of Homeland Security agrees to provide to the Employer appropriate assistance with
o perational problems that may arise during the Employer's participation in the Basic Pilot. The Department of
Homeland ec ur ity agrees to provide the Employer names , title , addre ses, and telephone numbers of
hnp :// Tl N VP c IN t icc BP. ... 1n.noo1
Basic Pilot Memorandum of Understanding Page 2 of6
Department of Homeland Security representatives to be contacted during the Basic Pilot, including one or more
individuals in each Department of Homeland Security district office covering an area in which the Employer hires
employees covered by this MOU.
3.The Department of Homeland Security agrees to provide to the Employer a manual containing instructions on
Basic Pilot policies, procedures and requirements for both SSA and Department of Homeland Security , including
restrictions on use of Basic Pilot procedures (the Basic Pilot Manual). The Department of Homeland Security
agrees to provide training materials on the Basic Pilot.
4.The Department of Homeland Security agrees to provide to the Employer a notice, which indicates the
Employer's participation in the Basic Pilot. The Department of Homeland Security also agrees to provide to the
Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5.The Department of Homeland Security agrees to issue the Employer a user identification number and password
that will permit the Employer to verify information provided by alien employees with Department of Homeland
Security's database .
6. The Department of Homeland Security agrees to safeguard the information provided to the Department of
Homeland Security by the Employer, and to limit access to such information to individuals responsible for the
verification of alien employment eligibility and for evaluation of the Basic Pilot, or to such other persons or
entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the INA and federal criminal laws, and to ensure
accurate wage reports to the SSA.
7.The Department of Homeland Security agrees to establish a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry .
8. The Department of Homeland Security agrees to establish a means of secondary verification (including updating
Department of Homeland Security records as may be necessary) for employees who contest Department of
Homeland Security tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation
of the employees' employment eligibility within l O Federal Government work days of the date of referral to the
Department of Homeland Security, unless it determines that more than 10 days may be necessary. In such case s,
the Department of Homeland Security will provi de additional verification instructions .
C. RESPONSIBILITIES OF THE EMPLOYER
I.The Empl oyer agrees to display the notices supp li ed by the Department of Homeland Securi ty in a prominent
place that is clearly visible to prospective employees .
2.The Employer agrees to provide to the SSA and the Department of Homeland Security the names, titles,
addresses , and telephone numbers of the Employer representatives to be contacted regarding the Basic Pilot.
3 .The Employer agrees to become familiar with and co mply with the Basic Pilot Manual .
4.The Emp loyer agrees that all Employer Representatives performing employment verification queries will
complete the Basic Pilot Web-Based Tutorial.
5.The Employer agrees to comply with established Form 1-9 procedures, with one exception: When an employee
presents a "List B" identity document, the Employer agrees that it will only accept "List B" documents that
contain a photograph . (List B documents identified in 8 C.F.R. § 274a.2(b)(l )(B)) can be presented during the
Form 1-9 process to establish identity).
6 .The mplo er understand that participation in the Basic Pilot does not exempt the Employer from the
R mp=... 7/2/2007
Basic Pilot Memorandum of Understanding Page 3 of 6
responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or
from other requirements of applicable regulations or laws, except for the following modified requirements
applicable by reason of the Employer's participation in the Basic Pilot: ( 1) identity documents must have
photographs, as described in paragraph 5 above; (2) a rebuttable presumption is established by section 403(b) of
IIRIRA that the Employer has not violated section 274A(a)(l XA) of the INA with respect to the hiring of any
individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance
with the terms and conditions of the Basic Pilot; (3) the Employer must notify the Department of Homeland
Security if it continues to employ any employee after receiving a final nonconfirmation, ai ,d is subject to a civil
money penalty between $500 and $1,000 for each f :Jure to notify the Department of Homeland Security of
continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption
that it has knowingly employed an unauthorized alien in violation of section 274A(a)(l)(A) if the Employer
continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity
participating in the Basic Pilot shall be civilly or criminally liable under any law for any action taken in good faith
on information provided through the confirmation system. The Department of Homeland Security reserves the
right to conduct Form 1-9 compliance inspections during the course of the Basic Pilot, as well as to conduct any
other enforcement activity authorized by law.
7.The Employer agrees to initiate the Basic Pilot verification procedures within 3 Employer business days after
each employee has been hired (but after both sections I and 2 of the Form 1-9 have been completed), and to
complete as many (but only as many) steps of the Basic Pilot process as are necessary according to the Basic Pilot
Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired
and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable , the 3-day time
period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith ,
to make inquiries during the period of unavailability. In all cases, the Employer will use the SSA verification
procedures first, and will use the Department of Homeland Security verification procedures only as directed by
the SSA verification response .
8.The Employer agrees not to use the Basic Pilot procedures for pre-employment screening of job applicants ,
support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer will
not verify selectively; it agrees to use the Basic Pilot procedures for all new hires as long as this MOU is in effect.
The Employer agrees not to use Basic Pilot procedures for reverification, or for employees hired before the date
this MOU is in effect. The Employer understands that should the Employer use the Basic Pilot procedures for any
purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the
immediate termination of its access to SSA and Department of Homeland Security information pursuant to this
MOU .
9 .The Employe r agrees not to take any adverse action against an employee based upon the employee's
employment eligibility status while SSA or the Department of Homeland Security is processing the verification
reque st unless the Employer obtains knowledge (as defin ed in 8 C.F.R. § 274a.1(1 )) that the employee is not work
authori zed . The Employer understands that an initial inabil ity of the SSA or Department of Homeland Security
automated verification to verify work authorization, or a tentative nonconfirmation, does not mean , and should
not be interpreted as , an indication that the employee is not work authorized .
JO .The Employer agrees to comply with section 2748 of the INA by not discriminating unlawfully against any
individual in hiring, firing, or recruitment practices because of his or her national origin or, in the case of a
protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status . The
Employer understands that such illegal practices can include discharging or refusing to hire eligible employees
because of their foreign appearance or language, and that any violation of the unfair immigration-related
employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section
274 8 of the INA and the termination of its participation in the Basic Pilot . If the Employer has any questions
relating to the anti-discrimination provision, it should contact OSC at 1-800 -255-7688 or l -800 -237-25 15 (IDD).
I I .The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen
containing the ca e verification number and attach it to the employee's Form 1-9 .
12 .The mploye r agrees that it will use the information it receives from the SSA or the Department of Homeland
Basic Pilot Memorandum of Understanding Page 4 of 6
Security pursuant to the Basic Pilot and this MOU only to confinn the employment eligibility of newly-hired
employees after completion of the Form 1-9. The Employer agrees that it will safeguard this information, and
means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as
necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than
employees of the Employer who need it to perform the Employer's responsibilities under this MOU.
13 .The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act
(5 U.S .C. § 552a(i)(l) and (3)) and the Social Security Act (42 U.S .C. 1306(a)), and that any person who obtains
this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be
subject to criminal penalties .
14.The Employer agrees to allow the Department of Homeland Security and SSA, or their authorized agents or
designees, to make periodic visits to the Employer for the purpose of reviewing Basic Pilot-related records, i.e.,
Forms 1-9, SSA Transaction Records, and Department of Homeland Security verification records, that were
created during the Employer's participation in the Basic Pilot Program. In addition, for the purpose of evaluating
the Basic Pilot, the Employer agrees to allow the Department of Homeland Security and SSA or their authorized
agents or designees, to interview it regarding its experience with the Basic Pilot, to interview employees hired
during the Basic Pilot concerning their experience with the pilot, and to make employment and Basic Pilot-related
records available to the Department of Homeland Security and the SSA, or their designated agents or designees.
ARTICLE ID
REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY
A. REFERRAL TO THE SSA
I.The Employer will refer individuals to SSA field offices only as directed by the automated system based on a
tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to
detect any transaction errors, and determines that the employee contests the tentative nonconfirmation . The
Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to
do so . The Employer will determine whether the employee contests the tentative nonconfinnation as soon as
possible after the Employer receives it.
2.lf the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a
referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal
Government work days. The Employer will make a second inquiry to the SSA database using the Basic Pilot
procedures on the date that is IO Federal Government work days after the date of the referral in order to obtain
confirmation , or final nonconfirmation .
3.The Employer agrees not to ask the employee to obtain a printout from the Social Security N umber database
(the Numident) or other written verification of the Social Security Number from the SSA (other than the Social
Security Number Card).
B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY
I .The Employer agrees to refer individuals to the Department of Homeland Security only when the verification
response received from the Department of Homeland Security automated verification process indicates a tentative
nonconfirmation, and the employee contests the tentative nonconfirmation. The Employer will determine whether
the employee contests the tentative nonconfinnation as soon as possible after the Employer receives it.
2.Ifthe Employer receives a tentative nonconfirmation from the Department of Homeland Security, the Employer
will record the case verification number and date on the Form 1-9 or print the screen showing the case verification
number and attach the printout to the Form 1-9, detennine whether the employee contests the tentative
nonconfirrnation, and instruct an employee who contests to contact the Department of Homeland Security to
re olvc the discrepancy within 8 Federal Government work days, using Basic Pilot procedures . The Department
htt ... 7/2 (2007
Basic Pilot Memorandum of Understanding Page 5 of 6
of Homeland Security will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral .
ARTICLE IV
SERVICE PROVISIONS
The SSA and the Department of Homeland Security will not charge the Employer for verification services
performed under this MOU. The Employer shall be responsible for providing equipment needed to make
inquiries. To access the Basic Pilot System, an Employer will need a personal computer with Internet access.
ARTICLEV
PARTIES
This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and the
Department of Homeland Security conduct the Basic Pilot unless modified in writing by the mutual consent of all
parties, or terminated by any party upon 30 days prior written notice to the others. Termination by any party shall
terminate the MOU as to all parties. The SSA or the Department of Homeland Security may terminate this MOU
without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by
SSA or the Department of Homeland Security that then~ has been a breach of system integrity or security by the
Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements.
Some or all SSA and Department of Homeland Security responsibilities under this MOU may be performed by
contractor( s ).
Nothing in this MOU is intended, or should be construed , to create any right or benefit, substantive or procedural ,
enforceable at law by any third party against the United States , its agencies, officers, or employees, or against
Stratum Consultin& Partoen. LLC (Employer), its agents , officers, or employees.
.vi -dh .com/EMP LOYERREGI TRATIO . .. 7/2/2007
Basic Pilot Memorandum of Understanding Page 6 of6
Each party shall be solely responsible for defending any claim or action against it arising out of or related to the
Basic Pilot or this MOU, whether civil or criminal, and for any liability therefrom, including (but not limited to)
any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of
IIRIRA to any action taken or al l gedly taken by the Employer.
The employer understands that the fact of its participation in the Basic Pilot is not confidential information and
may be disclosed as authorized or required by law and USCIS or SSA policy, including but not limited to,
Congressional oversight, Basic Pilot publicity and media inquiries, and responses to inquiries under the Freedom
oflnfonnation Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, the Department of Homeland
Security, and the Employer.
h
I
lnsured's Name and Address
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company O
American Family Mutual Insurance Company if selection box is not checked .
6000 American Pky Madison . Wisconsin 53783-0001
Clay Bush DBA Stratum Consulting Partners LLC
3540 Castle Peak Ave
Agent's Name , Address and Phone Number (Agt./Dist.)
John E . Raley, LUTCF (319) 338-9491
24 N . Van Buren St.
Superior, CO 80027 Iowa City, IA 52245-2451 (220/703)
Thia certificate ia issued as a matter of information only and confers no rights upon the Certificate Holder.
Thia certificate does not amend, extend or alter the coverage afforded by the policies listed below.
COVERAGES
Trus is l o certify 1na1 POiicies of insuran ce listed bek>w nave been ,ssued to ine insured namec aoove for tne poli cy penOd ino,cate d . notwithstanding any requirement . 1erm or condition of any contract or 01her
document With respect to which th is cert,licate may be issued or may pertain . the insurance altorded Dy the pohcies described herein is subject to an the terms , exdus,ons . and condi!ions of such policies .
.... II II ,T rn,TE
TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRAT ION LIMITS OF LIABILITY
I Mo Oav . Yr l I MO Dav . Yrl
Homeowners/ BOdily lnJury and Property Damage
Mobilehomeowners Liability Each Occurrence $ .ooo
Boatowners Liability Bodily Injury and Propeny Damage
Each Occurrence $ .ooo
Personal Umbrella Liability Fiodity !njury r1n d Proper1y Oaml\g~
Each Occurrence $ .000
Farm Uab11ity & Personal UabUlty
Farm/Ranch Liability Each Occurrence $ .000
Farm Employer's Liabilily
Each Occurrence $ 000
Workers Compensation and Statutory ************
Employers Liability t Each Accident $ .ooo
OLSease • Each Employee $ .ooo
Disease -Policy Lim11 $ ,000
General Liability General Aggregate $ 2.000 000
00 Commercial General Proctucts • Compleled Operations Aggregate $ 2 .000 .ooo
Liabili t y (occurrence) Personal and Advenisino lniulV $ 1.000 nnn
D 05-XE7931 ·02-00 5 /5 /2007 5 /5 /2008 $ 1,000 .ooo Each Occurrence
D Damaoe to Premises Rented 10 You $ 100 000
Medical Expen se (Any One Person) $ 5 000
Businessowners Liability Each Occurren cef t $ .ooo
Agg regate ft $ ,000
Common C ause l 1l'Tllt s ,000 Liquor Liability
Aggregate L1m1t $ .000
Automobile Liability Bodily ln1ury · Each Person $ .ooo
D Any Auto s D All Owned Auto s Bodily 1n1ury · Eacn Acc ,oent .ooo
D Schedu led Autos Propeny Damage $ .ooo D Hired Auto
D Nonowned Autos
ROl1tly Injury anci l=lr-,pa~y Damage Combi"led $ D ,000
Excess Liability
D Commercial Blanket Excess Each Oc currencetAggrega 1e $ .000
D
Other (Miscellaneous Coverages)
::>E ,C.f<!Pl ION OF OPER ATIONS I LOCAT,ONS I VEH ICL ES I RES1RI CT10NS SPECIAL 11 EM ~ t The mdMdual o r an.nirs shown as insured D Have D Have not
Computer consulting elected to t>e cove,ed as employees under tn ,s policy
t t Products ·Compleiod C)perauons 1ggrega1e •• equal 10 eacn
occurrence hm1 1 and 11 included ,n pohey aogrega1e
CERTIFICATE HOLDER 'S NAME AND ADDRESS CANCELLATION
• The C ity of Li ttleton Englewood Waslewater Treatment lA'.J Should any of the above described ~licies be cancelled before the
expiration date thereof . th.e. company wi I endeavor to 111a1I "( . days)
Plan t wntten notice to the Certificate Holder named , but failure to mail such
2900 S Platte River Dr. notice shall impose no obligation or liabili7' of any k ind upon the
co~any, its a~nts or representatives . • O days unless different
Englewood, CO 80110 nu er of days own .
D Th is ce rtif ies coverage on the date of issue only. The above
described policies are subject lo cancellation in conformity with th 1r
terms nd by th laws of the stat of issue . ,/? ·--UAt< ISSUEO I AUTHOHILCU '/ ./ .L/,,J ~
7/3/2007 --""/. 6. --... ·-~~ -
c r11ncat Holder ~ Stock No~ R 7/02 . U 201 d. 5IOO
ln::urod':. Nruno 1111d Addren
CERTIFICATE OF LIABILITY INSURANCE
AmericRn F~n>ily ln~ur:1111:c Cornp,,ny a
Ame ricM F:1mlly Muiutil ho ~urw,cu Company ii 1111leC1 ion box os not checked.
6000 l\m,Jtlcnr, Pky Mlldi aoro . W,ac:ona in !'.3783-0001
Cl:1y Bur.ti OBA S1ra1um Consulting P:irlncr!: LLC
3540 Castle Peak Ave
ll11cnl's Name , Addrc ~:;, .ind P110110 Nurrol>ur (A111.1D11,t .)
Joh11 E. Raley , LUTCF (319) 33B·9491
24 N. Van Buren St.
Sul)f!rior. CO 80027 Iowa Coty , IA 52245°2451 (22on03)
This con.ll icol• ia iHued H • m:111~ ol tnlormnUon only ond oonfo,. no right• upon the Cer,lflc:nc Molder.
This cortificolo doH not amend, eX'lcnd or :iltor tho covorago allorded by the polieiH llsted botow.
COVERAGES ·'. ·~ : ' !" .. ' •. , ~·. ~·:•,,: .~··.>·-.·:· .... !···:,,·:.:,.:::--· t ~. •'-.,:o,.'.f" -~ ·, ·;~• • .'•~''.;,' ' I '"
.. •'\. •· .. · . : ',. . ..... ~ . , . . ,· .. .. . ..
lttta ..,,. tu CU'lif)i 1ha1 patlc l11 ~ nt "*"nncl ltttO OIIOW ,,._. bNu 1\:;uL"t.1 ta 1r.a tn:1ttoct ftfl,rlftt\ ftl>Ovt 1or 1t1, l)OIICY o,noa •1u1ca1.o. rn.t1,lfll ,..ar1J111y ... ,, '"""''"•"11. ,,.,m or cont1 hlf>n r,t M)' tMltncl or"'"''
~"""" Wlffl l t ~OIICI to •Nen lftl l ctrlllCltt ""' 1M tHWII OI may ptnillPl , IP\r. IP'l ':llf""r.' nll(lr(I~ f); lhl &)OCl dN tl,~,.,.IJ , .. , .. , ., .uti.wi.1 10 411 1hr IIWI~. fllCIU~JoM. "PICI CtmCI IU O!"\:": N ~ ... .,,, r,Nlr.1n
TYPE OF INSURANCE POLICY NUMBER w•~CJ..D~J,~
E~'fCTlllf,l CXP l"ATI ~ LIMITS OF LIABILITY
cM,, OA II' v , IMil CJ .t Y1
Homegwncrsl Uodlly Ulflol'Y .a na .,,opor f)' LJ.Jl'N[)l'I
Mobi!!_!)onieawnera _Llablllly r.,,no~rrcnco s .noo -......
-Q~ij r lujw1y •r id Pna,••'1 O..n 11o1V9 B0:11owncrs Llabilily
[•"· O Ct.UI IWI M.• Ii ,1)00
Por•onol Umbrello U:ibillry lJoclty '"fU 'Y '"o .,,or,r.ny On""'Oft
~•r." Occ11u,ne1 s ,000
Farm/Ranoh l.i11Jlfl1y
~ftfffl 1.6'\0ll ty A ... ,,.OMI u,D11ttv
~ar.11 0t.r.10Mfl r.• s .000
f•"" f :trit,llott,r 't U1bl1t;
c.,11 o..'""''•-ce t nM
Workore Compens:11ion :ind 1'1m\llO,Y ............
Employars Liubilily t l:eCltA&:&:.a.11 f, ,000
C,.:.or...a • l:,1cJ1 h mptn,.,. $ ,000
o...,. · P1,1kr u .. ,1 s .000
Gcnor:il Liobilily o-.. Aaaloa••• s 2 .000 000
Ill Comincrcl.il Gom.>r..rl ~,~ll.. • C~IHll'd n.-,.don~ a--s 2.000 000
Li.l bllliv loccurror,c:11)
0 5-XE79 31 -02·00 5/512007 5/S /2008 ~ar..Mnt ·"" ·~·'"" '" ....
$ 1.000 """' D C;cf'I OccUffflnr.a s 1.000 .000
0 C ~IINM lo &:,,o,..a~g "'nN,i,. fC"I Yr.l $ 100 000
M.di'-11 [•'*""8 (Anw Otte Prr-..on • ' 5 nnn
Ousinoe.ownoro L iobil i lV l:.ocf'I Occur,a,caf t $ .000
•Dll"'G•"'tt t .000
LiqllOr L.1:ib i llty CctftlmOfl C:.lu:.r t""' s .000
"?G-•LN $ .000
A1.1101nobllo U.iblllly UC O y "'~"Y · """' ~""°" s .000
D Any Aulo s CJ Al Owned AUIOS ...,..,, ... ..,.~ ..... ~·-.OQO
D Sc hodu lod Au101 P1 ""9'1,04ny .. s; ,000 0 Hirctt Auto
0 Nonawnt'd Aul o!: ,,..,., ·~ .. o r,.,..iy c,_1.,. c .. ..,...., S D .000
E scess L iablli ly
CJ Commor,ial Sbnkcl face:: C•,11 0'-cuttwteelAWlaM s; .000
D
Olher (Mi~cll:ll'lcous Covcragos)
Eml)l<,yco IJl:)tlon0111r 008 & Compuler Fraud 885 Enllcr:.r=ts with I .000,0001111~1~ of 11.iblNtr o:ict, ol!oell•o 7/l 'J/07 oddod ID moel• pot,cy ft 05 -XE7031 -02
UL .. LN I...-, ""'"~ Vl"""'"Al lU"l~l lOC::lfldflf~I Vtl'ilCl.1:'.:.:, 11(!;1 niCTl6N 5, ~Ge.Ct.A. ,T(t1;?; t Tllt--0< l)arlNII "'°"" U illtllltD o-. D .. ~ •• •Ot
-.clfU lo M Ct.ff .. at t111.a.,tvc vt11M lhi : l)OII;«).
1't~-C11-C-• 0.-.IOOI ....... " ·-IC ltctl
WC.»t•'C• .. ,-. .CW .. • ... IAIII ~• """°' •Wl'..,.a•
CEATIIIICAT! HOLOl!R'S HAME ANO ADDRESS CANCELLATION ' .. ~ .~: ,.
, Th!! Cily of Lilllelon Englewood W.1S1ow.i1or T 1oa11nont 1&1 Slooulcl any ot lhtot llboYll dflcr~,=• be ca~ beloie n,,
c:i1:11on d~lc theooof, the company 11111 I cnclc.i-wor 10 m:,~ 'I d:ly~)
Plant "'' ton nouco to tho Cortificet• ~IO!ik,r nWNI!, bul loilure 10 ""'I cue:,;
2900 S Pl:Jt10 R1vor Or noucc wll impose no obligallOII or ~lillc ol :iny kl nd ul)(!II lhc co:i,v. 116 ~' or 1epcMnl;llivM. • o dlyt1 utt11n dilftrOIII
Englf!wood , CO 80110 nu er of dlly~ wn .
0 Thie ccnilios covor:igc on tho d.llc GI ISCUC Ollly . The :ibovo
dc:.cnbod ~ :ire Nlica IO c.incc41nll0n r, corilOfmlfy with Illar
lorm..: :ind y uw l:iw11 or ltlo IIUltu of.-. ,. -_., ....... -. ... l"""-:_.~!.iL L 7120/2007 -
U-201 Eel. li/00 Cfflllute Holder OC11 ~*GI Ry,,. 7/0'l
I Al l ~ H:l 8t :~H ( IM:f)l -0Z -
. --_, -----·-.. .. -----
C T y 0
0 F F I C E 0 F
F E
T H E
N
C
July 18, 2007
Thomas J . Ragonetti
Otten Johnson Robinson Neff & Ragonetti PC
950 17th Street -Suite 1600
Denver, Colorado 80202
Tom,
G L E W 0 0
T y ATTORNEY
Please contact me at your earliest convenience regarding a lawsuit that has been filed against the
City of Englewood. I am concerned about a conflict in that your firm has done work for Bob
Simpson in the Community Development Department. ·
I believe that the conflict concerning the City may be waived. If you wish to proceed we will
take this matter to City Council for such approval on August 6. I believe a similar waiver of such
conflict will be necessary from Mr. Mahaney and Headed West for both the case in the
Englewood Municipal Court and Arapahoe County District Court Civil Action.
Sincerely,
... ·· .· ,,.-/('" ~
.,. .. ,.-~-·-·) _....-••·:,-::::-:;--~
····" .·'{ ,/·/ / . .., .. ,.,.. , ' ..,./' ~ .-· .,,,,..,.,....
,,.. ..... · .. ,,.-, .. ~t:..~ fc,4q~~r
,,./ ·DanieJ.)r.. Brotzmaf1
( City AttQrney
CC: Jim Johnson
Thomas Macdonald
Mark Silverstein
DB/nf
N n st nt City Attorn y
AX
14 a
D
DISTRICT COURT, ARAPAHOE COUNTY, STATE OF COLORADO
Court Address: Arapahoe County Justice Center
7325 South Potomac Street
Englewood, Colorado 80112
720 865-8301
MIKE MAHANNEY,
COURT US E ONLY
Plaintiff,
v.
CITY OF ENGLEWOOD, a Home Rule City and
a Colorado municipal corporation.
Civil Action No.
Defendant.
Daniel L. Brotzman, Reg . No. 15919
Nancy N . Reid, Reg. No. 10664
Dugan S. Comer, Reg. No . 19725
City Attorney -City of Englewood
Address: 1000 E nglewood Parkway
Englewood, CO 80110
303-7 62-2320
FAX: 303 -783 -689 2
Ctrm.:
CITY OF ENGLEWOOD'S ANSWER TO COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF
THE CITY OF ENGLEWOOD , by and through th e Office of the City Attorney, Daniel L. Brotzman,
respectfully sub mits the following Answer:
INTRO DUCTION
1. The real property located at 4811 South Broadway, Englewood, Colorado 80110, is leased by the
Plaintiff, Mike Mahaney. The Plaintiff owns and operates a business from that location called
Headed West. On or about April of 2007 the Plaintiff had painted two wall murals, one on the
North s ide of the leased premises and one on the South side of the premises . Responding to citizen
inquiries, ity of Englewood staff notified Plaintiff that the murals were in violation of the ity's
Sign de and would have to be brought into compliance or removed . The Plaintiff subsequently
did not bring the murals into compliance nor have them removed, and the ity began proceedings
in the Municipal ou11 to enforce its Sign Code. City staff served upon one Mi c hael Allard, an
employee and manager of the Plaintiff, a Sununons and Complaint citing him with violating the
ity' Sign ode, the charges were di missed. On July 19, 2007 Mike Mahatmey wa ·erv d
with a umm n and omplaint, again alleging everal violations of th City' Sign ode, nd the
Pl inti ff ha n arraignment d te of Augu t 22, 2007 . De pile the Plaintifr contention to the
ntr. ry, th ity f n lewood' Sign ode i a onstitution 1, c ntent n utral ign c d .
JURISDICTION AND VENUE
2 . The City of Englewood consents to jurisdiction and venue within the Arapahoe County District
Court.
PARTIES
3. The City is unaware of the Plaintiffs citizenship; however, admits that Mr. Mahaney owns and
operates Headed West, a head shop, located in the City of Englewood at 4811 South Broadway.
4 . The City of Englewood is a Home Rule Municipal City; its powers are authorized under Article XX
of the Colorado Constitution.
FACTS
5. The Plaintiff has violated the Englewood Sign Code as to size, number of signs, and failure to
obtain a permit.
6. The Englewood Sign Code is facially neutral regarding First Amendment speech and is a minimal
infringement on any free speech rights consistent with the police powers of the City of Englewood.
7 . The Englewood Sign Code works as a restrictive code. That is, nothing which falls within the Code
is allowed unless there is a specific provision which authorizes a sign, or location.
8. The Sign Code's stated purpose is, among other things, to provide a reasonable balance between the
right of the individual to identify his business and the right of the public to be protected against the
visual discord resulting from the unrestricted proliferation of signs and similar devices." [ 16-6-1-B
(3) E.M.C .]
9 . The Sign Code governs all signs within all zone districts of the City. [16-6-13 (C) (1) E .M .C.] The
regulations relate to types , size and location of signs, not the content and is therefore facially
neutral.
I 0 . The Code provides exceptions to the Sign Code requirement of obtaining a permit for certain signs,
when they are "displayed for non-commercial purposes ." The exceptions include a "work of art".
However; the exceptions must still follow guidelines regarding placement and size. [ 16-6-13 (E)
E.M.C .]
11 . Murals, wall signs and wall murals are defmed in the Sign Code and have definite meanings.
ign : Any object, device or part thereof, situated outdoors or indoors, which is
used to advertise, identify, display, direct or attract the attention to an object,
pers n, institution, organization, business, product, service, event or location,
by any mean including words, letters, figures, design, symbols, fixtures,
colors , motion, illumination or projected images .
2
Wall mural: A picture painted on any exterior wall of a principal building
other than the front wall of the building, which (1) does not directly or
indirectly advertise or call attention to any product, or (2) restores a previously
existing wall painting at least forty (40) years old (regardless of whether such
wall painting advertised or called attention to a product). A wall mural may
include a sign of no more than two (2) square feet identifying the artist and/or
thesponsorofthewallmural. [16-11 E.M.C .]
Wall sign : A sign attached to, painted on, or erected against a wall of a
building, the display surface of which is parallel to the face of the building to
which the sign is attached . A mansard roof may be considered a wall if the top
edge of a sign attached to it extends no more than twenty-four inches (24")
from the mansard roof surface.
12 . The Plaintiff appears to argue that he is exempt from all requirements of the Code because he feels
the paintings on his building are "works of art" and not subject to legitimate commercial speech
limitations .
13. Even if taken in a form most flattering and advantageous to the Plaintiff, "works of art" are exempt
from the permitting regulations but not from the objective requirements of size and number
restriction.
14 . The Defendant admits the allegations set forth in Paragraphs 6, 9, 11, 13, 15, 20 and 26.
15. The Defendant denies the allegations set forth in Paragraphs 8, 10, 11 , 12 and 14.
16. The Defendant is without sufficient knowledge and information to form a belief as to the truth of
the allegations set forth in Paragraphs 16, 17 , 18 , 19 and 21.
17 . Regarding Paragraph 7 , the Defendant admits that Section 16-11-2 E.M .C . defines a "sign" but
denies it is a broad definition and that the abbreviated version given in the Complaint accuratel y
r efle cts th e Englewo od Municipal Code. Defendant denies the remainder of Paragraph 7 .
18. R egardin g Paragraph 8, the D efend ant admits that 16 -6-13D E .M .C . makes it unlawful to displ ay
erect, co nstrue relocate or alter any sign wi thout firs t fi ling an appl ica tio n in writi ng, paying
app licable fees and obtaining a pennit except for signs which do not require a pennit pursuant to
16-6-3E E.M.C. The Defendant further admits that "In the case of any sign for which special
review by the City Manager or designee is not requested, the City shall, within five (5) working
days of the date of the application, either approve or deny the app lication or refer the app lication
back to the applicant in any instance where ins u fficie nt information has been fu mi hed . Defen dant
denies the remainder of Paragraph 8.
19 . Regarding Paragraph 10, Defendant ad1nits J6-6-3E E .M .C . allows igns disp layed for non-
onm1ercial purp se based on the size of the sign, not on content. That Section defi ne one type of
n n-conunercial a. a "work of art" which inc ludes, among other types of art, "painting, whether
po1table or pennanently fixed, as in the ca e of murals". Defendant denies the remainder
Paragraph I 0 .
20 . Regarding Paragraph 23, the Defendant admits the City served Headed West with a Notice for
violating Sections 16-6-3D (l)(a); 16-6-13K (3)(b)(6) and Table 16 -6-13 E.M.C. Defendant denies
the remainder of Paragraph 23 .
21. Regarding Paragraph 28, the Defendant admits the allegations and that Plaintiff was subsequently
charged in Englewood Municipal Court with the three violations listed in Paragraph 23.
22. Regarding Paragraphs 22, 24, 25 and 27, the Minutes of the Meeting will speak for themselves.
23 . The Defendant denies all remaining allegation of the Complaint.
FffiST CAUSE OF ACTION
FffiST AMENDMENT; FREE SPEECH
24. The City of Englewood denies that it in any way denied the Plaintiffs First Amendment Freedom
of Speech under the United State Constitution.
SECOND CAUSE OF ACTION
COLORADO CONSTITUTION ARTICLE ii, SECTION 10; FREE SPEECH
25 . The City of Englewood denies that it in any way denied the Plaintiffs First Amendment Freedom
of Speech under the Colorado State Constitution.
FIRST DEFENSE
26. The Defendant affinnatively denies that any of the claims presented by the Plaintiff in this matter
can be based upon the First Amendment to the United States Constitution.
SECOND DEFENSE
27 . The Defendant affirmatively denies that any of the claims presented by the Plaintiff in this matter
can be based upon the Constitution of the State of Colorado.
THIRD DEFENSE
28. The Plaintiff has failed to mitigate the damages alleged by him in this matter.
FOURTH DEFENSE
29 . At all times relevant hereto , any actions undertaken by the Defendant or its officials with respect to
the Plaintiff were based upon the legitimate and valid exercise of the police power of the City of
Englewood, a lawful construction by appropriate City officials of City zoning ordinances, and were
based upon neutral time, place and/or manner restrictions.
. "
PRAYER FOR RELIEF
WHEREFORE, the City of Englewood respectfully prays that this Court dismiss this Complaint and
determine that the City of Englewood Municipal Code -Sign Code as it applies to murals in question is
Constitutional.
RESPECTFULLY SUBMITIED on--------
CITY OF ENGLEWOOD, COLORADO
Nancy N . Reid, Reg. No. 10664
Assistant City Attorney
Dugan S . Comer, Reg. No. 19725
Daniel L. Brotzman, Reg. No. 15919
City Attorney
Attorney for Plaintiff
1000 Englewood Parkway
Englewood, Colorado 80110
303 762-2320
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