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Home My WebLink About2007-09-17 (Regular) Meeting Agenda Packet.I AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, September 17, 2007 7:30 p.m. Englewood Ci v ic Center -Council Chambers 1000 Engle w ood Parkway Englewood, CO 80110 1. Call to order. '7 :~ ~ 2. Invocation. ~ 3. Pledge of Allegiance:-~ 4. Roll Call. tli/ IJ ~ 5. Consideration of M inutes of Pre vious Session. ~ f/-'1) a. Minutes from the Regular City Council meeting of September 4, 200 7.~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. Engle wood High Sc hool representati ve Bobby Thomas w ill addr ess City Council r egard ing th e upc oming hom ecoming parad e. 7. Recog nition of Unschedul ed Pub lic Co m men t. (P lease limit you r p rese ntat io n t o five m inutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) ~. /JOIJ(;, ~~HAl-~KJ6~fJ /JAjS ~-Communications, Proclamations, and Appointments. ~ a. Letter fro~~ c.adsto~ ~nnouncing her resignation from the Board of Adjustment and /';--() Appeals .o j )H,4/l,,(ttJ r/2Lc-Jtf1 ~'}j:...{ton appointing Sue Purdy as a Board of Adjustment and Appeals member.~ -rr,v Proclamation declaring Thursday, September 20, 2007 as Englewood Housing Rehab ~ ?-0 Loan Pr ogra m Day. cJ~ Engl ew o od C ity Co uncil Age nda Se ptem ber 1 7, 2007 Page 2 9 . Co nse nt Age nda Item s. a . Ap p%f Ordinan ces on First Read in g. fifJ/Jd vJ~O b~d~/_S~ndJ;//)/Jw~ ~Alf£AJr l/6~1JA,4 ~JK<;, flf/1-t / In Jj. i. C o un c il Bill No. 50, ap p rov iri{he~,;:,~n;nt Utility Ease m ent fo r Na tc hes Co urt for U l # :?-~0 th e Riv erpoint at Sherid an p roj ec t. c. Reso luti o n s and M o ti o ns. i. Re co mm end ati o n fr o m the Utilities D ep artm ent to approve, by M oti o n, a bid for th e rehab ilitati o n of th e All en Water Tr ea tm ent Pl ant Clearwell Reserv o ir Ro of. Staff reco m me nds awa rdin g the contrac t t o th e lowes t technicall y acce pt ab le b idd er, Jagg er Ro ofin g, in th e amount o f $50,309 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 10 . Publi c H earin g Item s. i. (,)~ 1--0 \ ii . iii. r Co un c il Bi ll No. 52 -Recommendation fr o m Park s and Rec reation Department to adopt a Bi ll for a n Ordinan ce auth o ri z in g an Interg ove rnm ental Agreement d efinin g joint respo nsib ility b etween th e City of Engl ew ood and Arapahoe Co t y for the Dun can Park acquisi t io n grant. STAFF SOU RCE: Jerre ll Bl ack, Di rector f Park s and Re creation, and Gary Hultberg , Recreation Manager. o un ·ii Bill No. 53 -Recommendation from Parks and Recreation D epa rtm e nt t o f.r,~ a opt a Bill for ..111 Ordinance au t horizing an In t ergovernmental Agreemen t defining join t r sponsibi l ity be tw en th e Ci ty of Englewood a11d Ar, paho e ou for t h Be ll eview Park she lt er improveme nts grant. STA FF SOU RCE : Jerrell ack, Director of Parks and Recreation, a nd Gary Hult berg, Recrea ti on M ana r . ouncil Bi ll No. 55 -Re c omm nd,1 t ion from the D epa rt men t of Safe ty Services, 1'611 IJivi 1011 , to-:1dop t a Bill for nn rdinance aut h orizing nd approving t he a c I tan of the Jus t i e Assistance Gran t in th an1o unt of $21,75 . STAFF OUR C : Commander John Collin s, Safet y Services Department.c;J/Y)(...44.J l) Englewood City Council Agenda September 17, 2007 Page 3 b. C. Approval ?nances on Second Reading. Resolutions and Motions. i. Recommendation from the Community Development Department and the Finance r?'/7 and Administrative Services Department to adopt a Resolution conditionally 0 approving the Service Plan for Kent Place Metropolitan District 1 and 2. STAFF;:::; f !Jli ~~ / ~J;~OURCE: Frank Gryglewicz, Finance and Administrative Services Director. f;;JJ'//1,4()!() (A}/t-y:!Af/!,t/)tJIJ~ \ Wm/JAWL)~-dJ-~~~1 ~ l:X 12. General Discussion! · .,4--/,)/J fAG !.z. A ;~ 9 · I c$ A .-dtl/.fi/ ~ . ~ a. Mayor's Choice . /13 1 ~ . b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. 15 . Adjournment. 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 4, 2007 • The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:33 p.m. 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of All~giance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: 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 Deputy City Clerk Bush Director Fonda , Ut ili ties Dir ector White , Commun ity Development Hous ing Spec ial ist Grimmett, Community Development Engineering/Capital Projects Adm inis trato r Henderson, Publ ic Works Senior Planner Langon, Community Development Pol ice Commander Watson, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 20, 2007 . Mayor Wolosyn asked if there was any discuss ion . Council Member Barrentine amended the minutes on page 13, third line in the 41 h paragraph from the bottom to read : ... "which Jerry Call , the elected representative of South Suburban Parks and Recreation made it very clear to me , that the foundation is separate from them ." Vote results : Ayes : Council Membe rs Barrent ine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oak ley Nays: No ne Motion c rn d and mi nutes w ere ap p rove d as amended . 6 Recogn lt on of Scheduled Public Comment ) Englewood City Council September 4, 2007 Page2 (a) Barbara Burget said thank you for allowing me to speak about our 100th anniversary of the First Christian Church of Englewood, which is now known as the Englewood Bible Church . We hope that you will celebrate with us and I have put letters on your podium telling you a little bit about what we are going to be doing . We will be hosting a big celebration October 14th at 9 :30 to 11 :30 to commemorate this historic event. We expect many people from many walks of life , from other communities and from out of town , so it is going to be a gala event. And at noon we are having a luncheon at the church and the information is there on the back of the letter. And maybe I have misstated here, we would be honored if you would pass a resolution and maybe I should be using the word proclamation ... I'm sorry about that. It is one of the biggest things in the history of this church which started in 1907 as Roosevelt Elementary School and has progressed over on Logan to where the Shriners meet now ... over to 3190 South Grant. I have been a member of Englewood for 30 years . Three of our boys have gone through the school system here ... two are now college graduates and one is a missionary with his wife and three children at a Baptist College . My heart really belongs to Englewood, Colorado . I did reside in Englewood for 30 years . My heart belongs to Englewood and I have attended the church for 56 years . We hope that each and every one of you will come and help us celebrate our 1001h anniversary . We look to the past, live in the present and we are looking forward to the future for the next generation that will come . Thank you so much for giving me this time to speak to all of you . And, we will look forward to seeing you all on October 14th and thank you again for listening . Mayor Wolosyn said thank you for coming and talking to us about the church . At this point, we don't usually have a discussion about things that are asked, but at the end of the meeting ... which will be a short meeting ... we will return to this . Okay? And we will get back to you if you have to leave. Ms . Burget said I will stay , thank you . Mayor Wolosyn said thank you . 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8 . Communications , Proclamations and Appointments (a) A letter from Keep Englewood Beautiful Chair Holly Montague request ing that City Council accept a verbal res ignation from Theresa Sabrsula was cons idered . COUNCIL MEMBER MCCASLIN MOVED , AND IT WAS SECONDED , TO ACCEPT THE RESIGNATION OF THERESA SABRSULA FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION . Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None (b) A resolution appointing Danielle Kent as a Keep Englewood Beautiful Mem ber w as considered . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 8 (b) - R ESOLU T ION NO. 85 , SERIES OF 200 7. RESOLUTION NO . 85 , SERIES OF 2007 A RESOLUTION APPOINTING DANIELLE KENT TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FO R THE CITY OF ENGLEWOOD , COLORADO . Vote results : Ay Council Members Barrentine , Mccaslin , Moor , Wolosyn , Woodward, Tom o , Oakley Englewood City Council September 4, 2007 Page 3 Nays : None Motion carried . (c) A proclamation declaring the week of September 17 through 23, 2007 as Constitution Week was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 2007 AS CONSTITUTION WEEK. Motion carried . Ayes: Council Members 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), 9 (b) (i), (ii) and 9 (c) (i), (ii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 50 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING PERMANENT UTILITY EASEMENTS TO THE CITY OF ENGLEWOOD FOR NATCHES COURT BETWEEN WEINGARTEN MILLER SHERIDAN AND THE CITY OF ENGLEWOOD , COLORADO. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 47 , SERIES OF 2007 (COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING A GRANT OF EASEMENT FOR THE WATER LINE TO THE ZUNI WATER TANK AND A QUIT CLAIM DEED FOR 2890 SOUTH ZUNI STREET. (ii) ORDINANCE NO . 48, SERIES OF 2007 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT' FOR PLACING DECORATIVE ROCK ON A PORTION OF THE CITY DITCH RETAINING WALL AND REMOVING AN EXISTING FENCE IN THE CITY DITCH EASEMENT ADJACENT TO THE LOCATION OF 3066 SOUTH SHERMAN STREET, ENGLEWOOD, COLORADO. (c) Resolutions and Motions (i) RESOLUTION NO. 86, SERIES OF 2007 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO , TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2008 COMMUNITY DEVELOPMENT BLOCK GRANT. (ii) Contract w ith CRW, Inc. for roof repairs for the Servicenter and the Fox Str et Safety Services facility in th e amount of $87 ,274 .00. Vote results : Ay : Council Members Barr ntine, Mccaslin, Moore , Wolo yn, Woodw rd , Tomasso , Oakl y N y Non Englewood City Council September 4, 2007 Page4 Motion carried . 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving a rezoning request from Craig Hospital for Lots 5-16, Block 4, Higgins South Broadway Heights . Staff also requests that Council set a Public Hearing on October 1, 2007 to gather public input on this proposal. She said this is a base rezoning request and the property is located on the east side of 3500 South Clarkson Street. Just for background, a base rezoning removes the current zoning classification and replaces it with another classification that is from Table 16-3-1 .1 of the UDC. For this particular application, it would change the property zoning from MU-R-3-B : Mixed-use Residential/Limited Office-Retail District , to a MU-B-2: General Arterial Business Zone District. The result of that rezoning is that the property would then be zoned MU-B-2 and all uses permitted within an MU-B-2 zone district would be permitted on that property . The applicant, Craig Hospital, has submitted all required documents . They have conducted the required neighborhood meeting. The application was reviewed by the Development Review Team and no issues were identified by the team. The Planning and Zoning Commission conducted a Public Hearing on August 7'h and by a vote of 7-0 recommended approval of the rezoning request. Thus , Community Development is here this evening requesting that a Public Hearing be set on October 151 • She said I would be happy to answer any questions . Mayor Wolosyn asked if there were any questions for Tricia . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 51 AND TO SET A PUBLIC HEARING ON OCTOBER 1, 2007 TO GATHER PUBLIC INPUT ON THIS PROPOSAL. COUNCIL BILL NO . 51 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING THE REZONING OF LOTS 5 THROUGH 16, BLOCK 4, HIGGINS SOU T H BROADWAY HEIGHTS WHICH IS LOCATED IN THE 3500 BLOCK OF SOUTH CLARKSON STREET FROM MU -R-3-B; MIX ED-USE RESID ENTIAULIMITED OFFICE -RETAIL DIST RICT TO MU -B-2 ; GENERAL ARTE R IA L BUSI N ESS Z ONE D IST RIC T . Mayor Wolosyn asked if there was any discussion . There was none . Vote result s: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Tricia . (b) Approval of Ordinances on Second Reading (i) Council Bili No. 45 , adopting the International Property Maintenance Code 2006 to establi sh clear and specific property ma intenance requirements with required property improvement prov is ions w considered . Englewood City Council September 4, 2007 Page 5 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 49, SERIES OF 2007. ORDINANCE NO. 49, SERIES OF 2007 (COUNCIL BILL NO. 45 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE REPEALING TITLE 8, CHAPTER 2(F)-ENTITLED "THE ABATEMENT OF DANGEROUS BUILDINGS CODE" AND TITLE 9, CHAPTERS 1 THROUGH 4 -ENTITLED "HOUSING REGULATIONS" OF THE ENGLEWOOD MUNICIPAL CODE 2000, AND REENACTING A NEW TITLE 8, CHAPTER 2(F), ENTITLED "INTERNATIONAL PROPERTY MAINTENANCE CODE 2006" FOR THE CITY OF ENGLEWOOD, COLORADO . Council Member Barrentine said I will be voting against this ... there were several questions brought up previously. One of the issues was that Denver had adopted this and that is not accurate and I am still looking at this . There are some things that I think are good about this, but there are some problematic property rights issues, in my opinion. So, I will be voting against it. Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Ayes: Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : Council Member Barrentine Motion carried . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I want to bring up the request for a proclamation honoring the 1001 h anniversary of Englewood Bible Church . I know that the church has been instrumental in community life and, in my area of town, it serves as the polling place . And every year it hosts a very big National Night Out and to that extent it has been very involved with the community. And in the past , it served as a staging ground for the parade . So , I think that a proclamation would be in order for an older institution in the town and it has participated in a broad spectrum of community life . Council Member Tomasso said I believe it is worthwhile for a proclamation and others agreed . Mayor Wolosyn said okay. In a future meeting, we will get back to you and we will have a proclamation . Ms . Burget said thank you . Mayor Wolosyn said thank you for coming . (ii) Mayor Wolosyn said I am sure somebody will bring up the fact that the Community Development Department ... in particular Darren ... worked with the new scooter place . I think it is called Sportique Scooters . Fox 31 came and did a piece on our town and the revitalization of the Broadway Corridor . It was well done . Your staff did great work . I don 't know if anybody saw it, but it was a really nice thing to have out there at a time like this ... any time . (b) Council Members ' Choic Englewood City Council September 4, 2007 Page 6 (i) Council Member Barrentine : 1. She said I wanted to thank Jerrell Black and the Parks and Recreat ion Department for their work with and their willingness to continue to work with various disability groups, as they plan different amenities that are go ing into the park . Englewood certainly has a good reputation in the past of work ing with these organizations and making sure that everybody in the community is included in anything that we do and I appreciate that and so do they. 2. She said I wanted to announce the passing of Linda Fall on Satu rday . She and her husband James had an auto repair business here. They moved in to Colorado in 1962 . It was in 2004 that we worked with the Publ ic Works Department and they were able to install a handicap ramp and moved the stop sign in front of the ir house, so that they could make it as comfortable as poss ible for him to be in his home . James Fall died in January of 2005 and when Linda encounte red additional problems , the Public Works Department , again , stepped up to help . It is unfortunate that she passed. Her services will be th is Friday. Mayor Wolosyn said thank you Laurett . (ii) Council Member Mccaslin : 1. He said I would l i ke to thank whoever put those signs up on Broadway ... they are really cool. I think it really adds something to Broadway . Unfortunately, as I said before , the north part of Broadway seems to be gett ing all of the attention . We need to kind of work on the south side also . So , that is just food for though t. Ms . Barrentine said the BID? Mr . Mccaslin said yes . The signs look so coo l at night with the lights on . It just spruces up Broadway. I app reciate that. 2 . He sa id I wou ld li ke to thank Council for the flowers that you sen t to my w ife 's mother's funera l. I appreciate it. They were very well received and you could just see Linda beam the day of the funeral. I apprec iate tha t. Thanks guys . 3. He said I would like to get the times of your services at Englewood Bible Church , if I could . 4 . He said I also met the new manager and owner of the Scooter place . I know Jim is going to br ing it up because he has a vested interest there . The owner is an Englewood res ident. I th ink his dad was two years ahead of me , and he had a siste r a year beh ind me, in high schoo l in Englewood . So I chatted w ith him . They are really good peopl e . T hese are the kind of people that I hope we keep bri ng ing into Englewood . He is such a nice guy. Mayor Wolosyn said I would add that it speaks to your concerns about that part of Broadway, because our catalysts program and the sign and all that is also going to help improve that part of Broadway. Mr. Mccaslin said I hope so . (iii) Counc il Member Tomasso : 1. He said I would like to congratulate Auto Crafters for 20 years of operation in the City of Englewood . They celebrated on Thursday night with the Greater Chamber. Auto Crafters is located in the 3200 block of South Santa Fe . They have a wonderful state-of-the-art paint booth that takes all the environmental problems out of the air and filters them . They are currently painting the Sheridan police cars black and white , so that you can see them . There was laughter. Sheridan wants you to be able to see their pol ice cars . 2. He said the signs were put up by the BID and they are going to put up two more signs to come across Broadway . I am looking forward to that. 3. He said I want to remind you of the Car Show this weekend . This will , hopefully, bring a lot of people into town . The Taste of Englewood will also be happening Saturday ... they are sponsoring great restaurants in the C ity . : . I I I I : I I I I Englewood City Council September 4, 2007 Page7 4 . He said I also had a really good time at Sportique on Saturday watching Jim ride. Council Member Mccaslin said I wish I could have been there . (iv) Council Member Woodward : 1. He said I just wanted to mention Auto Grafters too . And add that they lend support to the City ... Ben Greene , our Fire Marshal, takes tours over there , of different fire people, to show them how to inspect paint shops and stuff. And so, they participate with us and I thought that was great to hear. 2. He said I wanted to mention I had tried out the new restaurant in the 3400 block of South Broadway ... I believe it is Louis' ... and I would recommend it. It is a very nice place. 3. He said regarding Sportique . Thursday I got an e-mail from Mike Flaherty that was forwarded from Darren Hollingsworth , so I rushed right down to Sportique thinking they were open ... which they weren't...but they were cleaning and doing all sorts of things . I got to speak to two of the owners . One, who is a resident of Englewood, couldn't say enough nice things about Darren Hollingsworth and the work and help that he did in getting this store open . Saturday I got down there a few minutes early and got started trying out scooters and am now the proud owner of a little 50cc scooter that I take delivery on tomorrow. So, please be careful, I'll be out there ... especially Bob in his big Jeep. 4. He said then I also just wanted to mention Englewood Days which will take place Saturday and the Taste of Englewood put on by the Chamber and the Car Show. Mayor Wolosyn said thank you . 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment OSYN MOVED TO ADJOURN . The meeting adjourned at 7 :55 p .m. • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: September 17, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC I I i I I I . i : ! I : : I I I ! l I 3218 South Pennsylvania Street Englewood, CO 80113 August 27, 2007 Mayor Wolosyn and Members of City Council City of Englewood Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 Dear Mayor Wolosyn and Members of City Council: I resign my position on the Board of Adjustment and Appeals effective immediately. I have enjoyed serving on the board for the past eight years and believe alternate member Ms. Purdy will be an asset to the board . Sincerely, Jill Carlston cc : M s. Nancy Fenton, Recording Secretary for the BOA, Community Development Sa RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING SUE PURDY AS A MEMBER OF THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD . WHEREAS, the Englewood Board of Adjustments and Appeals has the authority to hear and determine appeals from the refusal of building pennits and other decisions regarding the enforcement of the zoning regulations , to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations; and WHEREAS , there is a vacancy on the Englewood Board of Adjustment and Appeals ; and WHEREAS , Sue Purdy has applied to serve as a member of the Englewood Board of Adjustment and Appeals; and WHEREAS, Sue Purdy was previously named as an alternate to the Englewood Board of Adjustment and Appeals ; and WHEREAS , the Englewood City Council desires to appoint Sue Purdy to the Englewood Board of Adjustment and Appeals ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Sue Purdy is hereby appointed to the Englewood Board of Adjustment and Appeals . Sue Purdy's term will be effective immediately and shall expire February I , 2010 . ADOPTED AND APPROVED this 17th day of September, 2007. ATTEST : Olga Wolosyn, Mayor Loucrishia A . Ellis, City Clerk 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 Sb PROCLAMATION WHEREAS, the City Council of the City of Englewood, Colorado established the Housing Rehab Program in 1977, to preserve the existing housing stock and to address the problems that low-income families have with financing major home repairs ; and WHEREAS, initial funding was provided by the City of Englewood, the Colorado Division of Housing and the Department of Housing and Urban Development with the City establishing a line of credit with local banks, which was blended with the government funds to reduce the effective interest rate for low-income families and enabled the Program to stretch the govenunent funds to assist more families; and WHEREAS, the City of Englewood was one of the first communities in the State of Colorado to leverage private funds for a rehab program; and WHEREAS, loans are approved for Englewood families to complete such projects as replacing old furnaces, upgrading electrical service panels, building garages and room additions, remodeling kitchens and bathrooms and finishing basements; and WHEREAS , in 2003 the Paint Up/Fix Up Project was added as a component of the Rehab Program providing matching grants to low-income homeowners to improve the visual quality of residential streetscapes and are limited to improvements which enhance the front of the home and yard ; and WHEREAS , September 20°', 2007 marks the 30°' Anniversary Celebration of the City of Englewood Housing Rehab Program ; NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim Thursday, September 201 \ 2007 as : ENGLEWOOD HOUSING REHAB PROGRAM DAY in the Ci ty of Englewood, Colorado and urge all homeowners of the City of Englewood, Co lorad o to acquaint themselves with the many opportunities of the Englewood Housing R e hab Pro gra m and to recognize the contributions which the Englewood Housing Reh ab Program makes every day toward the goal of preserving the existing housing stock and the financing of major home repairs . GIVEN under my hand and seal this 171 1, day of September, 2007 . lga Wolosyn, Mayor Be ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCil, Bll,L NO. 50 INTRODUCEDBYCOUNCil, MEMBER WOODWARD AN ORDINANCE APPROVING PERMANENT UTil,ITY EASEMENTS TO THE CITY OF ENGLEWOOD FOR NATCHES COURT BETWEEN WEINGARTEN Mll,LER SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, during the Riverpoint construction, Natches Court was moved 5' and the Kenyon Right-of-Way was vacated; and WHEREAS, these actions encroached upon the existing Utility Easements; and WHEREAS, Weingarten Miller Sheridan, the developer of the Riverpoint Project, submitted a request to grant Permanent Utility Easements to the City of Englewood for the required 50' permanent non-exclusive easement for Englewood's sanitary sewer main in lieu of the vacated Right-of-Way; and WHEREAS, the proposed Permanent Utility Easements will fulfill the City of Englewood's requirement to maintain the City's 50' Easement; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the Permanent Utility Easements for Natches Court at the their August 14, 2007 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil, OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Permanent Utility Easements to the City of Englewood for Natches Court from Weingarten Miller Sheridan, which consists of the attached five (5) Permanent Utility Easements with Exhibits A through E, attached hereto as Attachment 1, is hereby approved. Introduced , read in full , and passed on first reading on the 4th day of September, 2007. 9bi Published as a Bill for an Ordinance on the 7th day of September, 2007. Read by title and passed on final reading on the 17th day of September, 2007. Published by title as Ordinance No._, Series of 2007, on the 21st day of September, 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 the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A. Ellis PERMANENT UTILITY EASEMENT A t t a C h m e KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER n t SHERIDAN, LLC, Grantor, for and in consideration of TEN AND N0/100 DOLLARS ($10 .00) and l other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the .. Grantee, its successors and assigns , a right of entry and permanent non exclusive utility easement on that property described in Exhibit "A", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct , operate, remove, repair and maintain sanitary sewer facilities across , on , under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State o f Colorado . Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with , the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replacement or repair of any structure or landscaping (such as but not limited to trees , signs , walls , etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. ft.- SIGNED this ,/ 3 day of 7 k-/~ , 20 _:!_f.. ATIEST: COUNTY OF ARAPAHOE ) )ss. STATE OF COLORADO ) By : J? 4=4,~ ~TOR '1-- The foregoing instrument was acknowledged before me this / .3 day of _;i_U-_f~---' 200 1. ,/ 0 =+-My Commission Expires: 11 /yjo f' BARBARA cCR AIE NOTARY PUBLIC STATE OF COLORADO My Commission E,cpll'N Nov . 4, 2008 ~;~~ Notary Public , EXHIBIT A SHEET 1 OF 3 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION V E\r ;,iir;.\d;;i vr.:.,ri 1 ,Jr,. · wilh e,cct311enCi AN EASEMENT OVER, ACROSS , UNDER AND THROUGH PORTIONS OF TRACT LAND LOT 1, BLOCK 6, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN , COUNTY OF ARAPAHOE, STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER , BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2 " ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W , A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ; THENCE S 58°17'59" E, A DISTANCE OF 926 .09 FEET TO THE NORTHWEST CORNER OF SAID-TRACT LAND THE POINT OF BEGINNING ; THENCE ALONG THE NORTH LINE OF SAID TRACT L , S 73°56'43" E , A DISTANCE OF 13.36 FEET ; THENCE S 16°41'44" W, A DISTANCE OF 421 .18 FEET; THENCE S 16°52'09" W, A DISTANCE OF 219.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT AND OF NON-TANGENT CURVATURE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES : 1) ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 269 .95 FEET, A CENTRAL ANGLE OF 14°54'14" AND AN ARC LENGTH OF 70 .22 FEET, THE CHORD OF WHICH BEARS N 00°40'53" W A i:>ISTANCE OF 70.02 FEET TO A POINT OF NON-TANGENT CURVATURE ; 2)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 264 .92 FEET, A CENTRAL ANGLE OF 11°31 '35", AN ARC LENGTH OF 53.29 FEET, WITH A CHORD BEARING OF N 12 °32'02" E , A CHORD DIST ANGE OF 53 .21 FEET ; 3)THENCE N 16°38'31" E , A DISTANCE OF 35 .28 FEET ; 4)THENCE N 42°10'21 " E , A DISTANCE OF 37 .09 FEET; 5)THENCE N 16°1 2 '33 " E , A DISTANCE OF 452 .31 FEET TO THE POINT OF BEGINNING . CO N T AINING A C ALCU LAT ED AREA OF 8 ,729 SQUARE FEET OR 0 .200 ACRES , MORE OR LESS . ILLUSTRAT IO N ATTACHE D HE RETO AN D IN CO R PORATED HE R E IN BY REFE R ENCE . SURVEYOR'S CERTIFICATE V3 COMPANIES OF COLORADO 23 . 130 DENVER CO . 80205 PH : 303-989-8588 FX : 303-989-9932 DENVER CHICAGO PHOEN ILLUSTRATION FOR EXHIBIT A NW COR., SEC. 4 N89 "56 '50 "£ FOUND 2-1/r ALUM. CAP 50. 14' / LS 11434 POINT OF COMMENCEMENT WITNESS CORNER FOUND J" BRASS CAP~ BASIS OF BEARINGS LS 22571 N. LINE NW!L._4, SEC. 4 <r-,f S 89"56 '50 " W 2605.26 ' LOT 2 SHEET 2 OF 3 N 1/4 COR., SEC. 4 CALCULATED POSITION NO MONUMENT FOUND OR SET CORNER FALLS IN SOUTH Pl.A TT£ RIVER POINT OF BEGINNING 13.36' N 1 /2 , LOT 3, LOT 1, BLOCK 1 GLENN'S SUBD . FIL. NO . 1 PLAT BOOK 104, PAGE 38 IJ"l:JM~~~ROX. 8 ,729 SQ FT (0 .200 ACRES). SEE SHEET 3 BLOCK 6 LOT 1 RIVERPOI NT AT SHERIDA N SU BDIVISIO N FILING NO . 1 THIS EX BIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . 0 Scale : 1"=100' 100 FEET 200 Engineers Scientists Surveyors 2399 Blake Street , Suite 130 D enver , CO 80205 30 3.989.85 88 voi ce 303 .989 .9932 fa,c V3co com NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINTAT SHERIDAN SUBDIVISION FILING 1 NE 1/4 , SEC . 4 ., T. 5 S ., R 68 W ., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORA DO ORN : PM DATE : 01/22107 JOB · D0 3038 CKD : SCALE 1"• 100 FBK : NI A RIV ER POINT AT SHERIDAN SU BDIVIS ION FILING NO . 1 BLO C K 5 LOT 38 Engineers Scien tists ILLUSTRATION FOR EXHIBIT A Ll = 11'31 '35 " R=264 .92' L=53 .29 ' Ch B=N 12' 3 2'0 2"E ChD =53 .2 1' Ll = 14'54' 14 " R=2 69 .95 ' L=70.22' Ch B =N00'40 '53 "W Ch D=70 .0 2' SHEET 2 OF 3 B LOCK 6 LOT 1 RIVERPOIN T AT SHERIDAN SU B DIVISION FILING NO . 1 0 Scale : 1"=100 ' 100 FEET 200 NON-E XCLU SIVE UTI LITY EAS EMENT DESCRIPTIO N RIVER POINT AT SHERIDAN SU BDIVISION FILING 1 NE 1/4 , SEC . 4 ., T. 5 S., R. 68 W ., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN : PM DATE : 01/22/07 JOB 003038 CKD : SCALE · 1"•100 FBK N/A ( PER1\1ANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and inconsiderationofTEN ANDN0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and pennanent non exclusive utility easement on that property described in Exhibit "B", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado. Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it wi11 warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Grantor fu1iher covenants to and with Grantee that the Grantee's officers, agents or employees may at any or an times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . : I I I . I I 1 I I I I Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replacement or repair of any stmcture ur landscaping (such as but not limited to trees, signs, walls, etc .) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. SIGNED this / o ~day of ,L_.._,.,u.~ / 2) ,20~. By· \; ~.~ ~ ATTEST: COUNTY OF ARAPAHOE ) )ss. ST A TE OF COLORADO ) ~ The foregoing instrument was acknowledged before me this / 3 day of I -)1--~pd:--, 20!.]_. My Commission Expires : !f /'f/o ( BARBARA NOTARY PUBLIC STATE OF COLORADO My commtulon Expires Nov . 4, 2008 ~-----.~~ Notary Public ( EXHIBIT B SHEET 1 OF 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER, ACROSS, UNDER AND THROUGH A r>ORTION OF LOT 38, BLOCK 5, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONt THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 26°25'53" E , A DISTANCE OF 1268.46 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NATCHES COURT AND THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 492.00 FEET, A CENTRAL ANGLE OF 21°18'42", AN ARC LENGTH OF 183 .00 FEET, THE CHORD OF WHICH BEARS S 00°42'35" W , A DISTANCE OF 181.95 FEET; THENCE N 04°57'08" E, A DISTANCE OF 86.60 FEET; THENCE N 03°07'28" W, A DISTANCE OF 95.80 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 448 SQUARE FEET OR 0 .010 ACRES, MORE OR LESS . ILLUSTRATION ATIACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATIACHED EA WAS PREPARED BY ME OR UNDER MY DIR _.. __ ,,i,.- TO THE BEST OF MY KNOWLEDGE AND B WILLIAM G . BUNTROCK, PLS 35585 i:oR AND ON BEHALF OF 3 COMPANIES OF COLORADO, LTD . . 'ROJ : 003038 V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE . 130, DENVER , CO . 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT B NW COR., S£C. 4 N89 '55 '50 ''£ LS 11434 POINT OF COMM£NC£M£NT WITNESS CORNER SHEET 2 OF 2 N 1/4 COR., S£C. 4 CALCULATED POSITION NO MONUMENT FOUND OR SIT / FOUND 2-1/2• ALUM. CAP 50. 14' FOUND 3• BRASS CAP~ CORNER FALLS IN SOUTH PLATTE RIVER BASIS OF BEARINGS LS 22571 . .A N. LIN£ NWL,:4, SEC. 4 1¢---,r s s9·55 '50• w 2505.25' ------ RIVERPOINT AT SHERIDAN SUBDIVIS ION FILING NO . 1 BLOCK 5 LOT 38 POINT OF BEG INNING z 0 IO v! u, 0 CX) -.J O N • OI :z: 0 co "" 0) • . c.n 0) '-I Do • Cl) fTI THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . BLOCK 6 LOT 1 RIVERPOINT AT SHER IDAN SUBDIVISION FILING NO . 1 t:.=21 '18 '42" R=4 92.D0' L=183.00' ChB=S0D'42'35"W Ch0=181 .95' 0 Scale : 1"=100' 100 FEET 200 Engineers Scientists sun~ yor. 2399 Bl c 1ree1 , uite 130 De nver , CO 80205 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 303 .9 9 5 \'OICC 303 .9 9 9 2 fa NE 1/-4 , SEC . "4 , T. 5 S., R. 68 W., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN PM DATE . 01/22/07 JOB · 003036 ,LTD. CKO SCALE 1"•100 FBK · NIA PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and in consideration of TEN AND N0/100 DOLLARS ($10.00) anJ other good and valuable consideration, the receipt and sufficiency or which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and pennanent non exclusive utility easement on that property described in Exhibit "C", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado. Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet pos session thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Ea ement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . D Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Granters shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replacement or rep ai r of any structure or landscaping (such as but not limited to trees, signs, walls, etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. SIGNED this / ..l> ~ay of 7 4 6 ~ , 20 ..:;l_. ~~~ GRANTOR ATTEST: COUNTY OF ARAPAHOE ) )ss. ST A TE OF COLORADO ) The foregoing instrument was acknowledged before me this / 3 ,-.._ day of b-1,tJ , 20£.l. My Commission Expires: 1i'/y fr r 7 0 BARBA A NOTARY PUBLIC STATE OF COLORADO !~--.. ~~ Notary Public My Commlltlon ~,.. Nov . 4, 2008 ., EXHIBIT C SHEET 1 OF 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER, ACROSS, UNDER AND THROUGH A PORTION OF LOT 1, BLOCK 6, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS C08NER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG'THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 25°48'37" E, A DISTANCE OF 1432.48 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT AND THE POINT OF BEGINNING ; THENCE S 81°13'32" E, A DISTANCE OF 66 .18 FEET ; THENCE S 88°45'55" E, A DISTANCE OF 194.63 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DRIVE ; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINES 13°39'54" W, A DISTANCE OF 67 .60 FEET TO THE NORTH LINE OF THE SW 1/4 , NE 1/4, SECTION 4; THENCE ALONG SAID NORTH LINEN 89°56'17" W , A DISTANCE OF 38 .44 FEET; THENCE N 15°42'14" E , A DISTANCE OF 17.35 FEET; THENCE N 88 °45'55" W , A DISTANCE OF 149.28 FEET; THENCE N 81°13'32" W, A DISTANCE OF 70.39 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT; r HENCE ALONG SAID EASTERLY RIGHT OF WAY LINE AND A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 548.00 FEET, A CENTRAL ANGLE OF 05°13'49", AN ARC LENGTH OF 50 .03 FEET, THE CHORD OF WHICH BEARS N 09°49'16" E , A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 13,556 SQUARE FEET OR 0 .311 ACRES , MORE OR LESS . ILLUSTRATION ATIACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE. 130 1 DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT C SHEET 2 OF 2 NW COR., SEC. 4 N89'56 '50 "E LS 11434 POINT OF COMMENCEMENT WITNESS CORNER / FOUND 2-1/2" ALUM. CAP 50. 14 ' N 1/4 COR., SEC. 4 CALCULATED posmoN NO MONUMENT FOUND OR SET FOUND 3" BRASS CAP~ CORNER FALLS IN SOUTH PLA TTF: RIVER BASIS OF BEARINGS LS 22571 .A N. LINE NWJL.4, SEC. 4 1¢--v -s a9·55•50" w 2605.26' ------ RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO. 1 BLOCK 5 LOT 38 ll=OS' 13' 49" R=548 .00' L=S0.03 ' B=N09'49 '16"E ChD =S0 .01' RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO. 1 BLOCK 6 LOT 1 NOT A PART OF THIS SUBDIVISION 0 Scale : 1"=100' 100 FEET ---~. 200 Engineers Scientists Surveyors 2399 Blake Street , Suite I 30 Denver , CO 80205 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 303 . 989 8588 voice 303 .989 .9932 fa V3co com NE 114, sec . 4 ., T. 5 s., R. 68 w., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN : PM DATE. 01/22107 JOB: 003038 CKD : SCALE : 1"=100 FBK : NIA ) PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and in consideration ofTEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of wruch are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and permanent non exclusive utility easement on that property described in Exhibit "D", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"}, upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan , County of Arapahoe, State of Colorado . Grantor hereby covenants and agrees that it has good title to the Easement Premises ; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perfonn any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made. Non Exclusive Utility Easement Page2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises , as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replacement or repair of any structure or landscaping (such as but not limited to trees, signs, walls, etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed . . ·~1-/".I SIGNED this / v day of {,.,4,<,.;f . , 20_::Z. B · \;ad-~~ ~NTOR ATTEST: COUNTY OF ARAPAHOE ) )ss. STATE OF COLORADO ) ~ The foregoing instrument was acknowledged before me this / 3 day of _,..-b'-""-'· -!-'--I'~...;..._---• 20 .!..]_. My Commission Expires: / I /f fa f' l O BARBA R NOTARY PUBLIC STATE OF COLORADO My Commuloo Expree Nov . 4, 2008 ~----A<.~ Notary Public , EXHIBIT D SHEET 1 OF 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER, ACROSS, UNDER AND THROUGH A PORTION OF LOT 2, BLOCK 6 , RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571 ", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 25°00'27" E, A DISTANCE OF 1792 .47 FEET TO THE POINT OF BEGINNING ; THENCE S 85°34'01" E, A DISTANCE OF 6 .00 FEET ; THENCE S 22°44'52 " W, A DISTANCE OF 33.29 FEET TO A POINT OF TANGENT CURVATURE; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 127.50 FEET, A CENTRAL ANGLE OF 04°51'01", AN ARC LENGTH OF 10 .79 FEET, THE CHORD OF WHICH BEARS S 25°10'22" W , A DISTANCE OF 10 .79 FEET; THENCE N 15°40'06" E, A DISTANCE OF 42.51 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 133 SQUARE FEET OR 0 .003 ACRES , MORE OR LESS . ILLUSTRATION ATIACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE WILLIAM G. BUNTROCK, PLS 35585 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO, LTD . ROJ : D03038 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT D SHEET 2 OF 2 NW COR., SEC. 4 N89'56'50 "E LS 11434 POINT OF COMMENCEMENT WITNESS CORNER / FOUND 2-1/2• ALUM. CAP 50.14' N 1/4 COR., SEC. 4 CALCULATED POSITION NO MONUM£fff FOUND OR SIT FOUND 3• BRASS CAP~ BASIS OF BEARINGS LS 22571 _A N. LIN£ NWJ.1..4, SEC. 4 ~v-s e9·55'50 • w 2505.25' ------ CORNER FALLS IN SOUTH PLATTE: RN£R UNPLATIED POINT OF BEGINNING BLOCK 6 LOT 2 6=04'51 '01" R=127 .50 ' L=l0.79' ChB=S25' 10'22"W Ch0=10.79' APPROX . 133 SO FT (0 .003 ACRES). 0 -Scale : 1 "=50' 50 THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . --FEET 100 I Engineers Scientists urveyors 2399 Blake Street, Suite 130 Denver, CO 8020S NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 303 .989 8588 voice 303 .989 .9932 fax V3co com NE 114 , SEC. 4 ., T . 5 S ., R. 68 W ., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN : PM DATE : 01 /22/07 JOB · 003038 CKD: SCALE: 1"•1 00 FBK: NIA ---- PER1\1A.NENT UTILITY EASEM:ENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Granter, for and in consideration of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and pennanent non exclusive utility easement on that property des..cribed in Exhibit "E", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado . Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Granter further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made. Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration sh all n o t include th e r eplacement or repair of any structure or landscaping (such as but not limited to t rees, signs, walls , etc .) Such restoration shall only include repaving, regrading or res eeding of the Easement Premises as needed . . •• C/1<-4 SIGNED this /v day of ~~-r I , 20fl. -~ ~;4-~ ~NTOR ATTEST: COUNTY OF ARAPAHOE ) )ss. ST A TE OF COLORADO ) The foregoing instrument was acknowledged before me this /c3~y of _7k~6-~---· 20~. My Commission Expires: 11/f/ot BARBA NOTARY PUBLIC STATE OF COLO RADO My Commlulon Explnll Nov . 4, 2008 ~fa--~ Notary Public , ( EXHIBIT E SHEET 1 OF 3 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER, ACROSS, UNDER AND ACROSS A PORTION OF TRACT P, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN , COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF S·AID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 , N 89°56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ; THENCE S 22°09'34" E, A DISTANCE OF 1904.96 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF RIVER POINT DRIVE AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 179 .50 FEET, A CENTRAL ANGLE OF 07°18'43", AN ARC LENGTH OF 22 .91 FEET, THE CHORD OF WHICH BEARS N 57°59'17" E, A DISTANCE OF 22 .89 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DRIVE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINES 16°07'46" W, A DISTANCE OF 456.98 FEET TO A POINT OF TANGENT CURVATURE ; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 149.00 FEET, A CENTRAL ANGLE OF 24°15'03", AN ARC LENGTH OF 63 .07 FEET, THE CHORD OF VVHICH BEARS S 28°15'17" W , A DISTANCE OF 62 .60 FEET; THENCE N 15°53'1 0" E, A DISTANCE OF 501 .13 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 6,664 SQUARE FEET OR 0 .153 ACRES , MORE OR LESS . ILLUSTRATION ATIACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE V3 COMPANIES OF COLORADO 2399 Bl.At<E STREET. TE . 130 DENVER CO. 80205 PH : 303-989-8588 FX : 303-989-9932 DENVER HICAGO PHO NIX ILLUSTRATION FOR EXHIBIT E NW COR., SEC. 4 NB9'56'50"£ SHEET 20F 3 N 1/4 COR., SEC. 4 CALCULAT£D posmoN LS 11434 POINT OF COMMENCEMENT WffNESS CORNER / FOUND 2-1/r ALUM. CAP 50. 14' NO MONUMENT FOUND OR SET FOUND .3• BRASS CAP~ CORN[R FALLS IN SOUTH PLATT£ RIVER BASIS OF 8£AR/NCS LS 22571 _A N. LIN£ NWJL.4 1 SEC. 4 ~'iJ -S 89'56 '50 .... W 2605.26' ------\ \ \ \ \ \ \. 't \~ ..,>\~, \.0 ,o q,. ,\.0 • . \.0 'v 6'>\"" 'f' RIVER POINT DRIVE RIVER POI NT AT SHERI DAN SUBDIVISION FILING NO. 1 TRACT P \ SEE SHEET3 EASEMENT CONTAINS APPROX . 6,664 SQ FT (0 .153 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . \ \ \ \ \ \ \ ' 7, ll=07'18'43 " R=179 .50' L=22.91' Ch8=N57'59'17"E Ch0=22 .89' Scale : 1 "=5 0 ' 0 50 ---FEET 100 I Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver , CO 80205 303.989 .8588 voice 303 .989 .9932 fax NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/4 , SEC . 4 ., T. 5 S ., R. 68 W., 6TH PM V co.com CITY OF SHERIDAN , COUNTY OF ARAPAHOE . STATE OF COLORADO ORN : PM DATE : 01 /22107 JOB : 003038 OMPANI ES OF CO LORADO , LTD . CKD : SCALE: 1"• 100 FBK NIA BLO CK 7 LOT 2 ILLUSTRATION FOR EXHIBIT E TRACT P SHEET 3 OF 3 SEE SHEET2 ~ \_6=24°15 '~3 · R:;:149.00 L=63 .07 ' ChB =S28°15 ' 17 "W Ch0 =62.60 ' I EASE ROX . 6 ,664 SQ FT (0 .153 ACRES). 0 -Scale: 1"=5 0 ' 50 --100 I THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . FEET Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver , CO 80205 303 .989 85 8 voice 303 .989 .9932 fax V3co com NON-EXCLUSIVE UTILl1Y EASEME NT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/A , SEC . A., T. 5 $., R. 68 W ., 8TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN: PM CKD: DATE : 01/22/07 SCALE 1"•100 JOB· 003038 FBK NIA COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 17, 2007 9ci Allen Water Plant Clearwell Reservoir Roof Rehab Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their September 4, 2007 meeting (held by telephone poll vote), recommended Council approve, by Motion, the bid for the rehabilitation of the Allen Water Treatment Plant Clearwell Reservoir Roof. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original Allen Plant Clearwell was constructed and put into service in 1952. The below grade reinforced concrete Clearwell structure is approximately 83.3 feet by 46.3 feet (inside dimension) and 14.1 feet from the top of the roof to the Clearwell floor. Several areas of the slab have surface spalling of about 1/4-inch maximum depth and loose concrete that is scattered . The areas between the supporting beams pond water. The proposed project is for preventative maintenance on the existing Clearwell roof. The proposed contract would encompass applying a single-ply membrane roofing on cover board on rigid roof insulation over entire roof area . This would provide protection over an aging concrete roof to seal joints from water leakage and extend the life of the roof. Requests for Bid were sent to 11 ven dors and 5 responses were re ceived: B & M Roofing Jagger Roofing CEI Roofing Weathersure Systems Glacier Construction $45,900 $50,309 $53,646 $54,468 $75,800 FINANCIAL IMPACT Brown and Caldwell evaluated the bids and determined that the low bid from B & M Roofing was unacceptable because requested Alternates 2 and 3 were not received . Jagger Roofing is the recommended bidder at $50,309. The Utilities Department budgeted $50,000 in the 2007 Budget for this project. This money was allocated under #401603-61301. LIST OF ATTACHMENTS Bid Tabulation Sheet -·--- City of Englewood Bid Tabulation Sheet Bid Opening Date: August 16, 200710:00 a.m. ITEM BID: IFB-07-126 Allen Clearwell Roof Rehabilitation Bid .Addendum .Vendor Bond 3, Y/N Base Bid .... -- ..... 4431143 y 1 ONLY $ 45,900.00 3711&nuWay ·-_:_,CO N518 cs-- .... 303-200-IIMI y 1,2,3 $ 53,648.00 ~-1W13thAve ~ ,COIOa. -CoM1rudlon .. ~ 303-221-1313 y 1,2,3 $ 75,800.00 17ffl S a..tarl210 ~ ~. COI0112 .. _Swllffla,lnc . ·--~ -,03-711-545' y 1,2,3 $ 54,418.00 W3 s Ptatla River Dr -. . COI0112 . Rooftng Tony ,0).ZII 12'1 y 1,2,3 $ 50,308.00 ,.o.11oxse -City, co I0022 ,_ -- CIMlnc. -- -.eo. iAllline :--..... -- .»&DRoollng Bid Alternate Deduct Total Bid Ex,:eptlons: $ 8,000.00 $ 37,900.00 Adcledums 2 & 3 not acknowledged s -Altamatefl s -Altematall s 7,315.00 s 48,211.00 s 2,011.00 Altamatefl s 4,812.00 Altamatet3 s 5,600.00 s 70,200.00 s 820.00 Alternate fl $ 2,000.00 Altamatel3 $ 13,800.00 $ 40,668.00 $ 1,875.00 Alternate fl s 2,428.00 Altamate #3 • $ 7,500.00 s 42,809.00 s 1,875.00 Altematet2 NO CHARGE Alternate t3 NOBID NOBID NOBID NOBID NOBID NOBID NOBID IFB-07-126aearWellRoofT AB Sep 17 2007 12:08PM CCN CLASSIFIED PROOF OF PUBLICATION T H I! ENGLEWOOD HERALD STATE Of c:a.oRAOO COUNTY OF AUIWIDE I I, Asa Cola, do salllmly-111t I am lhlP~alThe EnglNood He!'llllt 111d flat ,.,. is I WNkt, flllMPIPII' !Ulilhe 1n 1t11 ca, cr1 Liltlllan. In l'1e Co111ty of Allplflce, Sllle al Cdofado , and hie I glllSal CftUllgn lllnlin;,ta slid nenlJIIIII' ltae been JU!lialld conlinllllllt, and lri'lllfflCJlldY in 111d Count, al Anlplhoe lcr a patocl of min tan 52 Miki IJIKlf to 1w fl!St publiclllon of the annaed nal:e; ht said llalfllPII' ii tr1lnd in tile Post Olllce al Lllllaa, rAlkndo a Second CIiis MIi llllllr Incl thll 111 Slid,..,.. paper ii I IIIIIIPII* wlhin Olt meaning ol "' act ol .. Ginni Auembly al lhl Slate of Colorado , lpp,Md Maret, 30, 1923 , and llllilllld 'Legal Nollcas and ~11• and Cllla' 1C11 ~ ID lie~ and publlhing ol legll nal:a 111d wa1 p~ In h regmr and enfre illllll d llil iW9plllll', OIICI each MIii. on h 111N day crl Ndl -', far a plliod of l.c:onHaltwe inserticns and 1111( ttle ht ;,ulJlclliall ol said nalict -In Ill ilsue ofuid ,,...,....,.-ciAm Jl&ill~ TIit lut pulllclllan of laid naliae wa In .. is.a of said raMIPII*' dlled snMrd!lc 11 2001. SIAllcrillld 111d IWOffl ID lllbl me, I Nollly P\illlc. .. .11lb Clay of 5P8rM ZIXl7 . .......... u.. _..,. __ _ ,..,...,Lall. .... , lhk 2-3 3036632282 CITY Of 111111U!Wooo -------·--·-.. c"" Qiwocl Ill Moi,.Clf '-. ==="-":"" .. --.-.. .:-·'·-·· 7:JCI '·""·'"' .. Olp,:..,. c,...... . .-,,.......o..~ •. 1000 ·-~ .... -~-Tlle_., ... ....,.. ·--·""'--"" _,,_,....,, ---·--.,, ,.,.. • ttw lll\lWC Hlartflg, tr ill =::=~~~ ~ ....... _ .... _ ._,..., ... .,.c-.a...'ooao.. -.,ez.z•.•---.. ·--•• -·--· .,_., .. @_co,,_ _,._,, __ ._...,.-._... ...• , ,.,.__ p. 1 /0 OlTC0 \1 ES Outromn D \ pmgrc-;,l\c Cit) that pro\ldc, re,pon,l\e and co<;t effiucnt ,en 1ce<, • \ Cit) that "safe. clean. health) and a11ra ctl\ e \ C1ti, that pro,·1dc, and mamtam, quaht) mfra_,1ructurc • \ Cit) that pro\ldc, dl\er,e cuhural. recrea tion al a nd enten.amment o pportumt1e, D \ (' 1t} that 1, bu<me"-fnendl) and econom1rnll) di\ ersc C ity of Engl ewo od , Colorado 2008 Propo se d Budget SOURCES OF FUN DS USES OF FUNDS , .. .. General Fund Sources Cl Sa les & l.;se Taxes • CharJ?es for Sl'n'ices D Property T ax D Franchise Fees • Cultural & Recreat ion Program Fees [] Fines & Forfeitures • lnt ergo,emmental Rc,enue D Specific Ownership/Ci,:arene Taxes • License, & Pem11t s • \cli sc . & Other FinancinJ? Sources D Int erest Total S o urces o f Funds :!"o 1°o0"o 1°0 2°0 5°0 15°0 s O/o General Fu nd Uses S 22 .000.000 56 % II Safety Services 2.938.128 8 % • Parks & Rl'crl'atio n Sl'rvicl'S 2.803 .2 17 7~o 0 Pu blic W o rk s 2.545.448 7% D Debt Service 2.291 .998 6 °0 • Finan ce & Administrat ive Services 1.494.500 4% [] Communit)· Denlopment 1.1 83.170 J"o • Libra ry Services 675.993 2% D Information Tec hnoloJ?y 575 .425 1°0 • Municipal Court 2.263.075 6% • City Anor ney's Officl' 355.500 1°0 D Ci ty Manager's Office • Human Resources • Contingencies • LeJ?islation S .'9.126.454 100°,, To tal l.;s es of Funds Es timated BeJ?innin,: Fund Bala nce -.lanua~· I. 2008 Ne 1 Sources (Lscs) o f Funds Required Re serve, Es timated EndinJ? Unrl'sen•ed Fund Balancl' -Decl'mhl'r] I. 2008 s S 17.3 37.76 1 5.928.028 5 .3 10 .120 1.811.456 1.72 -1.42 9 1.576.862 1.294 .640 1.289.131 982.006 762.280 6 79.806 570.474 100.000 351.513 $ 39.718.506 $ 5.501.778 (592.052) ( 1.194 .800) $ 3.714.926 \ O/o 44 °0 15 % 13°0 5% 4°10 4 % 3°10 ]% '" -0 2 % 2°0 1% 0°11 1% 100°10 ... ~ !I' City of Englewood, Colorado 2008 Proposed Budget All City Funds Estimated Balance January I, 2008 GOVERNMENT AL FUND TYPES (Fund Balances) Sources Uses Estimated Balance December 3 I , 2008 General Fund is the operating fund of the City . It i.r us ed to account for all flna11cial re.m11rces except for those required to be accounted in another fund General Fund 5,501,778 39,126.454 39,71tl,506 4,909,726 Special Revenue Funds account for the proceed\' of .vpecijic "'''e"'"' .m11rce., that are legally restricted to expenditure for specified purposes . Conservation Trust 365,065 325,000 376,500 313,565 Commercial Revolving Loan 88,154 11.154 Communit~ Develo£!ment 290,000 290,000 Donor's 251,551 It 100 97,MS 242,813 Malle~ Center Trust 239,246 23.100 50,070 212,276 Parks and Recreation Trust 415,911 13500 29,738 399,743 207,276 ~75.-118,000 64,276 Debt Service Funds account for th e acc umulation and paym,•nt of long -term debt prin cipal and interes t oth er than long-t erm debt accounted fiJr in enterpri.,e {,md ,. General Obli ation Bond Fund 1.110.000 1,112,635 53 ,270 Capital Project Funds account for financial reso11rc,•., to ht.• 11.,edfor the acquisition and/or construction of major capital faciliti es (oth er than tho se .fi11an<·c•d by proprietary funds or special revenu e funds). PROPRIETARY FUND TYPES (Fund A ai lablc Balanc es ) 4,143.957 431,514 4,021 ,470 754,031 4 ,007 ,176 150,000 Enterprise Funds acco unt .for Of)f!ra tio n., fi 11ancwl w ul O/X'rtlt ed in a mann er similar to private business enterprises . Water ,1442.1127 7,979,014 8,617,038 3,204,803 Sewer 11 ,75',7~ 12 ,937,272 16,406,179 8,281 ,853 Storm Draina e 611 1.5511 34 8,265 370,527 659,296 Golf Course 217,375 1,97 667 1,970,162 293 ,880 Concrete Utilit 40 5,960 62 1,2 00 692,836 33 4 ,324 Housln Rebabilltatioa 1.594,271 1,324 ,500 1,744 ,500 1,174,271 Internal Service Fund tl(·c,111 111 /iJ1· rh ,• /1nu nd ng o good, or services provided by one department or agency to other clepar tm,•nts or OllC'nd,•. 11 th e gowrnment , and to other governmental units , on a cos t reimhursemem M\'i.\. 223 ,958 342,000 441 ,711 124,247 ... 1,876,787 2,081 86 1 14 3 024 cmmt 608,66<1 765,633 1,104,870 269,423 415.4 74 1,329,164 1,266, 2 547,836 mcnt 4 7,909 5,021,477 5,019,072 490,314 S•p 17 2007 12 :08PM CCN CLASSIFIED PROOF OF PUBLICATION TH! INOI.IWOOD Hl!l'ALD ITA11 0, ca CIUDO coum o, AIMMDE I ~ All Coll. do......,_,.. 1 am ... ~alTIII EnglNood Herald ... lllt ........ ., IIIMPIPII' pullllnd In .. a, al Utllllan. In ltll County of Allplfa, Sia ol Ccllarlda , 111d Iv• • ..,_. c:mMlln llnn;.ta11id n11rapaper Ila 1118n publllhld c:onllnUDUIIJ and ffltllfuptecly In aid Count, of Alaplhoe b a~ of 1111111 llln 52 Wllkl priur to tw rnt publiclllon at the annaed rd:e; 1h11 111d ftNIPIPII' 11 llllenld In Vie Poat Otllce of Lillllbl, l:mado a Seaond CIiis Mii lllllllr and tt• 111 said "9111· papa-111 nMIPII* wlhill 1111 "-*'!I ol .. act al .. Ginni~ of lhl $Ille of ColoredD, 1pprowal March 30 , 1923. and tnllled 'Llgal Noba and Adve1111ennll' 11111 a1ts ICII 1111"9 ID lie pinlqi and publlhing dlegll nal:a 11111 wa1 p...._ n tw llglilr 1110 enlre illllll d al fllMPIPlf, OIICI IIICh Mell, on h Slffll dly d Ndl ~ tar a~ of 2_consealilt inMrtions Ind llllt Ille ht publcaion o# said naliCI -In tht illue of a 111W1pap1r dltad Ayq 31i Jl!Z. Thi IUt pulllclllcrl of llid nalicl WII In h isaa ol said nMIJIIIPII' dllad SfRIIIMc l1 ZOOZ, Sublcrilled and IWOffl lo l:llbl me, I Notary Pubic. llil l1lti. day d s.m,,,, zwz . ..,....., .. u.._40 __ _ Pn:,e..,i.. .... , lh112.J i.,. _,011 3036632282 CITY OF IINGlewooll ---~--=·-...~=::.=..., ~-... --~--.. .. :::..."::~.: .. ~,.~ .. 7~ p .m., J" IN Cly C..flOf CMMIINI· ••-ci-,c.,,.., ,aao I!...-~ .... -. ~.Tlle_Ol ........ lo ---·--..... .. -~ ........ --"">'•--=: • •• "'*ie HlaftflO . or ft .. ··-l,y .... OIi, a... IIY -·"' ao ._..., 17, 2007. ....,__.,. ......... ,,_ ,-._,. ...... Cly a.ll'lcaa. -IG·Z-.•-- --·--.. IIIO -·--· .,._., ... l!_CO,._. i.a. ... -,.. .... 0,WC co.. .... .. ·-·-......., .... -•. -IOIIII ..... Auea'1.DJ . .__, __ ._... .... , ·-- p. 1 " PLEASE PRINT City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: September 17, 2007 Public Hearing to gather input on the City's proposed Budget for 2008. NAME ADDRESS PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE Of COLORADO COUNTY OF ARAPAHOE I, Asa Cole, do solemnly swear that I am the President/Publisher of The Englewood Herald and that same Is a weekly newspaper published In the City of Littleton , in the County of Arapahoe , State of Colorado, and has a general circulation therein ; that said newspaper has been published continuously and uninterruptedly In said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mall matter and that the said news - paper Is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30, 1923 , and enlllled 'Legal Notices and Advertisements' and other acts relating to the printing and publishing of legal notices and was published In the regular and entire issues of said newspaper, once each week , on the same day of each week , for a pe ri od of 1 consecutive insertions and that th e first publication of sa id notice was in the issue of sa id newspaper dated August 31 2007. The last publication of said notice was in the Is sue of sa id newspaper dated Aug ust 31. 2007 . ______ All_ _______ _ Signa ture of Pres ide nt/P ublisher Asa Cole Subscribed and sworn to before me . a Notary Public , th is ID!! day of September. 2007 . Num r of Lines .,36._ ___ _ Pree per Line S._•-'"•---- Publc ,on Cost ::..$1_5 __ 7_8 ---- 32101 83 PUBLIC NOTICE CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Notice le hereby glwn thel Ille Cllt · · Councll of.,,. City of Engl-. Colorado, hu acheduled • Publki • Hnrtng et e R-.,uler Cl~ Councll -lltl on .. ptembw 17, 1007, et r :N p.m. In the CMr Counoll ChllR'lberl of Engtewood Civtc C..,..., 1000 Engl-Pe-.,, to gelher Input on A IIIEIIOLUTION APPROWIG Titll UIIVICE PLAN Of THE PIIOPOUO IIPECIAL DIITIIIICT: KENT PLACE METIIOPOLIT AN DISTIIIICT NOS. 1 AND Z, IN ENGLEWOOD, COLORA~. AU lnternllld pertln may •• ,,... oplnlono In ,......, el Ille l'ublla HMrln9 CH' In -~fl ... to be - by Ille City Clellc bJ s :oo p.m: on .. ptember 17, 2007. AnlfOne wlohlng to •PNk at the ,.Ubllc He•rf"I may call the Ctty Clark'• Oflln, . 303.712.2001 or 303.712.2.07 to echedul• their preeentatfon or• elc,n• up •hfft WNI be avaflabte at !f'e door: Loucrtehla A. !Ute, MMC CllyClellc C1tyofang1ewooc1 1000 Englewood Po-e, En.-. Co-10110 PUBL-!D: ....... 131 ,ZOO~N'- EIIGLEWOOD HEIIIALO -~ • :Z: • I /(J!r PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE t I, Asa Cole , do solemnly swear that I am the President/Publisher of The Englewood Herald and that same is a weekly newspaper published in the City of Littleton , in the County of Arapahoe , State of Colorado , and has a general circulation there in; that said newspaper has been published continuously and un interruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton , Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30 , 1923 , and entitled 'Legal Notices and Advertisements' and other acts relating to the printing and publ ishing of legal notices and was published in the regular and entire issues of sa id newspaper, once each week , on the same day of each week, fo r a pe riod of tconsec utive insert ion s and th at the first publ ica tion of said noti ce was in th e iss ue of said newspape r dated Aug ust 31 2007, The last publ ication of said not ice was in the is sue of sa id newspaper dated Aug ust 31. 20o z _____ A ll_ _______ _ Signature of Preside nt/Pu blisher Asa Cole Subscribed and sworn to before me , a Notary Public , th is 6.tlJ day of September 2007 . Num r of Lmes ..,36.._ ___ _ Prrce per Lrne Ls"'""'------ Pu Ql()j'I Cost :.S1"'5""7"'8 ___ _ PUBLIC NOTICE CITY OF ENGLEWOOD NOTICa OF PU8LIC .. _ N-~ he1911J given thal IIM-Cflt · counoN of the City of engr.wooct, Cola-a, hu ech-•"ul>llo · HN,tng at• Ragula, en, Cauncn .......... Oft .. ,..... .... 17, 1007, at 1:fo p.m . In the CIIJ Counolf ChMlbera of En91ewood Clwtc ;;aaa;, ..,_,UCS--«11./TAN . --.,-..... ~COL~ All I~ partlN m•r ••P'N• ....,......,n-atthe,.u- -ntarlnwrttinetolNI-bJ Iha CltJ C-bJ S:00 p .m ; an S.ptambar 17, !007. An,ana wlahlng ,a.,.... atlha ,...,,,1o -rtna ma, aatl the CIIJ Clark'o Olllft, . SOUl2.24CIS ar SOJ.712 .HOT to acheclule their prnentalfot1 CW • •llft- up ahNt WNI b9 avalable at !f'e door: Laucrtohla A. ~Illa , MMC CftJC- CltJafl,.._aad 1000 Englewood l'arkwaJ en.-.. ea-10110 ·=D~~~QI~. PLEASE PRINT NAME City of Englewood AGENDA ITEM 10 (b) PUBLIC HEARING ROSTER DATE: September 17, 2007 Public Hearing regarding Kent Place Metropolitan Districts 1 and 2. ADDRESS 3.30 I t.' ~} ~ LITTLE The Honorable Gray Davis Governor of California The Honorable John Burton President pro Tempore of the Senate and members of the Senate The Honorable Robert Hertzberg Speaker of the Assembly and members of the Assembly May 3, 2000 The Honorable James Brulte Senate Minority Leader The Honorable Scott Baugh Assembly Minority Leader Dear Governor and Members of the Legislature: Serious attention is being given to how California organizes and funds local governments . In this report, the Commission examines a number of issues involving more than 2 ,200 independent special districts that provide important services to virtually every community in the state . Ironically, these governments that are physically closest to their communities are oftentimes unknown to the people they serve. And in the absence of community involvement, the mechanisms for public accountability are dulled and the value of public scrutiny is lost. It also is ironic that when they were created, these districts were tailored to the needs of their communities. But as those communities have grown and changed, the districts themselves have been slow to change their boundaries , functions and governance to reflect their communities . When we began this study, we found that many people had a story about special districts -some praised them, while others reviled them. But few had good information with which to assess fairly and accurately their contribution to California. Recognizing that need, the Commission gathered data that had not been pulled together before to provide a clearer picture of these districts and their attributes. The picture reveals areas of concern and areas of promise. Most districts provide modest compensation packages to board members . But the taxpayers and ratepayers in some districts pay for significantly higher meeting stipends and health and life insurance benefits . The Commission found that many independent special districts have accumulated significant reserves. In addition, some of the well-heeled districts -and particularly those that charge customers fees for the services they provide -continue to receive property tax revenues. Because of the diversity of districts, it is difficult to generalize how these resources are being used. And based on the Commission's inquiry, much of these revenues are committed in the short term, either legally or by time-honored practice. But these funds are a public resource, that over the long term should be scrutinized like all public resources to determine if they are being put to the highest and best use. Unlike the special districts they are supposed to scrutinize, many of the Local Agency Formation Commissions (LAFCOs) do not have the resources to be the catalysts for improvement that state policy-makers envisioned. LAFCOs are often unwilling or unable to challenge the status quo, even when it is clear that with a little pushing special districts could be reorganized in ways that lower costs or improve the quality of service. In some cases, consolidating small districts that off er the same service or large districts offering similar services could be expected to yield efficiencies and other improvements. In other cases, communities might find that special districts have the resources and expertise to meet needs that were not identified when the districts were formed. In all cases, local officials need technical assistance, proven methodologies and the facilitation skills to overcome the barriers to change. In this examination, the Commission did not judge the performance of individual special districts . One of the Commission's early discoveries was that the districts are very diverse-in what they do and how well they do it. Rather, the Commission hopes its examination of the overarching issues -along with the implementation of its recommendations -will encourage and enable community leaders, voters and customers to judge the performance of their districts for themselves . With scrutiny, will come improvement. Where districts need more resources, let the community decide. Where districts have too many resources, let the community decide. Sincerely, ~R.:J:u/ Chairman Special Districts: Relics of the Past or Resources for the Future? May2000 Table of Contents Executive Summary, .................................................................................................................. i lntroduction ................................................................................................................................... 1 Background ................................................................................................................................... 5 Toward Visibility and Accountabllity ................................................................................... 17 Strengthening LAFCOs ............................................................................................................. 29 To Provide Information and Training·················································································· 43 Understanding Special District Reserves ........................................................................... 53 Property Tax Allocations to Enterprise Districts ............................................................. 67 Conclusion .................................................................................................................................... 79 Appendices & Notes ................................................................................................................... 81 Appendix A: Little Hoover Commission Public Hearing Witnesses ............................... 83 Appendix B: Special Districts Survey Questionnaire ...................................................... 85 Appendix C: Health Care Districts Survey Questionnaire .............................................. 89 Appendix D: Enterprise Districts with the Largest Retained Earnings .......................... 93 Notes .................................................................................................................................... 95 Table of Sidebars Independent Special Districts ......................................................................................................... 7 Independent Special Districts in Sacramento & Contra Costa Counties in 1998 ....................... 19 Public Meetings on the lntemet ...................................................................................................... 22 Public Notice is Inadequate ............................................................................................................. 23 Riverside County Special District Meeting Times .......................................................................... 23 American River Fire Protection District .......................................................................................... 24 San Diego Citizen's Budget .................... : ........................................................................................ 25 A LAFCO Executive Officer's "Other Hats" ................................................................................... 29 As LAFCOs Become Involved, Public Disclosure is Needed ....................................................... 33 Special Districts SurveY ................................................................................................................... 34 Smart Growth ................................................................................................................................... 45 SchooVLaw Enforcement Partnership .......................................................................................... 46 Lake County ..................................................................................................................................... 47 Ailing Health Care Districts .............................................................................................................. 48 How Districts Report Reserves ....................................................................................................... 54 Water District Retained Eamings ................................................................................................... 57 Coachella Valley County Water District ......................................................................................... 58 GFOA Fund Balance Guideline ...................................................................................................... 62 International City Managers Assn ................................................................................................... 63 How Districts Use the Property Tax ............................................................................................. ..70 Property Tax Allocation Policy Questions ..................................................................................... .75 . I ' ! I I ' ' I Table of Charts & Graphs Annual Compensation to Board Members .................................................................................... .Vi Property Tax Allocated to Independent Enterprise Districts ......................................................... xi Number of Special Districts in Each County ............................................................................... ...r The Majority of Special Districts are lndependent ......................................................................... 8 Special District Revenue & Expenditures ...................................................................................... 9 Local Governments per 100,000 Population ................................................................................. 11 Seats Filled Through Contested Elections ..................................................................................... 20 Candidates per Seat ........................................................................................................................ 20 Incumbency Patterns: Seats Contested by lncumbents .............................................................. 21 Incumbency Patterns: Incumbents Beginning As Appointees ..................................................... 21 Average Voter Participation ............................................................................................................. 22 Independent & Dependent LAFCOs : MaP .................................................................................... 30 LAFCO Budget Ranges ................................................................................................................... 30 Percent of Budgets Returned Through Fees ................................................................................. 31 Board Members Who Receive Benefits & Compensation ............................................................ 35 Board Member Compensation , by District and Benefit Type ....................................................... 35 Annual Compensation Per Board Member: Community Services Districts ............................... 36 Annual Compensation Per Board Member: Fire Protection Districts ......................................... 36 Annual Compensation Per Board Member: Park & Recreation Districts ................................... 37 Annual Compensation Per Board Member: Sanitary Districts .................................................... 37 Annual Compensation Per Board Member: Water Districts ........................................................ 37 Annual Compensation Per Board Member: Community Services Districts ............................... 36 Enterprise Retained Earnings ......................................................................................................... 56 Non-Enterprise Fund Balances ....................................................................................................... 56 Property Tax Allocations , 1997-1998 ............................................................................................. 67 Property Tax Allocated to Independent Enterprise Districts ......................................................... 68 15 Districts are in the "Top 25" for Both Retained Earnings & Property Tax Revenue ........... ..71 I: ,: h ! 1·, Ir ' I I ' I • l i I ---..,,,__ -----.~- EXECUTIVE SUMMARY Executive Summary Tum the tap and the water flows. On Thursdays the garbage gets collected. When it gets dark, the streetlights go on. In many communities these are government services that are taken for granted. But democratic government is not designed to function in obscurity or anonymity. Absent citizen involvement, government agencies of all sizes are prone to inefficiencies and public resources are vulnerable to abuse. The Little Hoover Commission found that independent special districts often lack the kind of oversight and citizen involvement necessary to promote their efficient operation and evolution. And without robust mechanisms of public accountability, inefficiency can become routine and the occasional scandal inevitable. Some examples: D Independent special districts , according to the most recent information available, have $19.4 billion in reserves -nearly 2 1/2 times their annual gross revenues . Yet in many cases, community and state leaders do not know the size of these reserves and why they are being held -and as a result, these resources are often not integrated into regional and statewide plans for fortifying the State's infrastructure.i D Twenty-four health care districts in California no longer operate hospitals. Most continue to receive property taxes, which might be better spent on other community needs. Some provide services that could be administered by other agencies. Most of the districts report that they have not considered dissolution. D Consolidations, even when they make sense, are hard to accomplish. lt took five years of intense pressure from the Orange County Local Agency Formation Commission to merge three small water purveyors into one. The reorganization, within three to five years, is expected to save more than $1 million a year. Similar opportunities for savings can be found throughout the state, but are lost because the mechanisms for reform are thwarted by the power of the status quo . California has 58 counties, 474 cities -and more than 3,800 special districts . About two -fifths of those districts are considered •dependent• b cau they are governed by a larger entity, such as a county board of sup rvi or . But more than 2,200 of the di tricts are •independent,• J ~. IL 11 II I! Ii 1 ll II I ' I I t l I . i I I i I Ii LITTLE HOOVER COMMISSION governed by their own elected bodies, including park districts, water districts, hospital districts and sanitation districts. Many independent districts also are "enterprise" districts, like water and sewer agencies, which directly charge customers fees for the services they provide. Others, such as library and park districts, are "non- enterprise" districts, which rely mostly on property tax revenues to serve their communities. The Commission focused on independent districts -both fee-based enterprise districts and tax-dependent non-enterprise districts. Many of these independent special districts were created to extend public services -such as drinking water or parks -to rural and slowly developing communities that were beyond the reach of incorporated cities. But many, such as the water districts in Orange County, survive as separate government agencies even after urbanization has paved over the economic or geographic reasons for their independence. Some districts have evolved in ways that cities and counties cannot -to manage consolidated fire protection services and regional parklands. Others, such as the health care districts, were created to provide a unique service, but persist after that service is provided by another public or private organization. Very few districts close their doors on their own initiative. If no news is good news, the vast majority of districts are successful, and clearly many are. But most Californians would be hard pressed to identify the providers of some of their most basic services or to assess whether the fees are appropriate and the quality is what it should be . The essential lesson of the last decade is that successful enterprises - public or private -are those that understand the needs of their customers and continuously strive to improve the services they offer. Similarly, successful organizations evolve to capture efficiencies and to align their core competencies with customer needs. Bigger is not always better, and sometimes smaller is. But most special districts were formed when California looked different than it does today. Nothing ensures that these districts evolve to whatever size, shape and governance structure makes the most sense - given contemporary technologies, economics and social considerations. Local Agency Formation Commissions (LAFCOs) were created to be the venue for these discussions and catalysts for change . If strengthened, LAFCOs hold the best promise for individual communities to shape their government. ii I I . Ii ! j I :, I EXECUTIVE SUMMARY The Commission believes its reforms would yield improvements in three areas: CJ Improved public involvement and scrutiny. The complexity and pace of modem life has diminished the electoral process as a mechanism for ensuring that government -and special districts in particular -provide greater value with fewer resources. Special districts need to be more visible to the public they serve and to community and business leaders who can influence decisions . CJ The efficient evolution of independent special districts. Fiscal and political pressures have brought about some consolidations and reorganizations of small special districts that collectively serve large urban areas. But Local Agency Formation Commissions can be fortified to more effectively facilitate prudent changes. CJ More vigorous review of public resources. Some 195 independent enterprise districts have reserves greater than five times their 1996-97 gross revenue. But these resources are often not incorporated into community and statewide discussions about how to improve infrastructure or reduce the cost of living and doing business in California. Similarly, nearly 600 enterprise districts continue to receive more than $400 million in property tax revenue, while many other districts providing the same services rely solely on fees. State and community leaders need to openly reconsider how these resources are being used . To accomplish these reforms, special districts need to be more visible and Local Agency Formation Commissions need to become advocates for improvement. To challenge the status quo, policy-makers need a better understanding of the potential benefits of reorganizing special districts. State and community leaders need to know more about the assets held by special districts, and they must reassess the lingering reliance of some enterprise districts on property taxes . Many of the Commission's recommendations for special districts should become standards for all governments -making themselves more understood and relevant to their constituents. The recommendations in this report co n ce rn independent special districts because that was the fo c us of the Commission 's study -not because other local governments and state agencies are immune to inefficiency. Th s recommendations are offered to state policy -makers for formal nd ome would require st te direction and support. But pr ctice could be voluntarily dopted by independent iii .. - !I i' :: LITTLE HOOVER COMMISSION special districts and Local Agency Formation Commissions working with civic and business leaders in their communities. A fundamental question facing California is how it will be governed in the 21•1 Century. The government closest to the people is often times a special district . Sorting out the problems and the potential of these districts will help state and community leaders in what should be a continuous pursuit of improved services at lower costs. In that spirit the Commission finds and recommends the following: Finding 1: Special districts are often invisible to the public and policy-makers, compromising oversight and accountability. In contrast to general-purpose local governments, special districts often operate in relative obscurity, hidden from the scrutiny of the public they were created to serve . The accountability mechanisms that do exist - financial information filed with the State Controller and the electoral process -are often inadequate. Districts submit financial information to the State Controller that is not easily accessed or understood by the public or policy-makers. Research conducted by the Commission found that in Sacramento and Contra Costa counties the electoral process for special districts is less vigorous than for city council elections. It found that fewer races were competitive, more seats were filled with appointments and fewer voters participated in special district elections than other local elections. Sacramento County did increase participation in special district elections when it consolidated those elections in even years -but not even that effort brought special district elections in line with city councils. Equally important, the media, interest groups and active citizens who frequently observe the actions of city and county governments understandably do not participate at the same level in special district governance. The city manager of a small Southern California coastal city, speaking in support of a city takeover of a water district, compared an average turnout of 75 people at city council meetings to no citizen attendance at water district meetings.• For this and other reasons, when problems or abuses do occur, they often do not come to the attention of the public or policy -makers until they are egregious and the remedies drastic. In the controversy involving the Water Replenishment District of Southern California, officials from the cities served by the district were shocked to learn the size of the di trict's re erve fund that took veral years to arna . Relationships iv • I I I i ! I • : ; I I ' i i i I I I ! I with other local governments, as well as broad citizen participation, would enhance the visibility and accountability of special districts. EXECUTIVE SUMMARY Recommendation 1: The Governor and Legislature should enact legislation that would make spec/al districts more visible and accountable. Speclflcally, the legislation should: D Require special districts to actively make their activities visible to the public. To help the public -as citizens, consumers and voters -to participate effectively, independent special districts should annually develop and publicize the following information, stated in easily understood terms: ./ District mission and purpose ./ Summary financial information presented in a standard format and simple language, including reserve funds and their purpose ./ District policy on the accumulation and use of reserves ./ Plans for the future, including anticipated revenues, expenditures, reserves and trends in user rates ./ Per capita tax contributions of property owners ./ Performance and quality of service indicators ./ Board member benefits and compensation Financial information should be posted on Web sites, provided in property tax bills, customer billing statements, and be available from cities, counties and libraries. Districts should be required to publicly notice all meetings in local newspapers, invite coverage by local cable television and conduct annual mailings to district residents . D Require special districts to submit information to other local governments. Inde p endent special districts also should annually and publicly present financial information to county boards of supervisors and city councils, which represent t h e broader community of interests. Districts also should submit budgets and financial audits to their Local Agency Formation Commission, which could then determine which districts warrant closer scrutiny. D Encourage special district elections to be held as part of even year general elections. To increase voter participation in special district elections, counties should be encouraged to consolidate special district elections in even-year general elections. V I I : I I ' -- -- LITTLE HOOVER COMMISSION Finding 2: Local Agency Formation Commissions, by not aggressively scrutinizing the organization of special districts, have failed to promote the efficient and effective evolution of independent special districts. 50 % 45 % 40% 35% 30 % 25% 20% 15% 1)% 5% 0% The State created LAFCOs in counties and charged them with fostering the rational and orderly evolution of local government. It subsequently gave them the authority to initiate special district consolidations. But LAFCOs often lack the technical skills or political will to make change . LAFCO officials report that the commissions are often ineffective because they lack independence , clear direction from the State and funds to conduct studies. Another longstanding concern is that compensation paid to board members discourages them from giving up their seats in the name of efficiency. The Commission found evidence that this could be the case in some districts . These problems are exemplified by California's 24 health care districts that no longer operate hospitals. Having sold, leased or closed their Annual Compensation to Board Members hospitals, the districts endure. Nearly half of them pay meeting stipends or benefits to elected board members. But LAFCOs consistently fail to examine these districts to determine whether they should be eliminated. _.,. 40% . 8 % None S11o $5 ,00110 $5 ,000 Sll,000 3% 0% Sll.001 $15,001 to to $1 5,000 $20,000 111, 2% $20 ,001 ""'" to than $25,000 $25 ,000 Where consolidations have occurred , particularly in urbanizing communities, services have been improved and costs reduced. Water and sanitary districts in Orange County reduced administrative overhead by eliminating two general managers , cut the number of board members from 1 7 to five , improved customer service and integrated infrastructure as a result of consolidation . Over time , they expect to save $1 million annually. Following a decades-long trend toward a regional fire service, districts in Sacramento County merged to create an agency that will cover nearly 400 square miles and serve 600,000 people. They will save money through lower overhead costs, a reduction in the number of management positions, economies of scale in purchasing equipment and supplies, and a reduction in the number of elected officials . The Little Hoover Commission believes that decisions about the form and function of independent special districts in California are best made locally . But it finds that LAFCOs often do not have the capacity or will to make informed and economically ound decisions , particularly regarding inde p ndent p eci aJ di trict . vi ' . . I I I i I i I • i 1 : I I ExECUTIVE SUMMARY Recommendation 2: The State should provide LAFCOs with the direction and resources necessary to make them a catalyst for the effective and efficient evolution of independent special districts. Specifically, the Governor and Legislature should: D Require periodic and specific reviews of independent special districts. The State should require LAFCOs in urbanizing counties, in cooperation with special districts and other local governments , to periodically review services provided by special districts . The reviews should identify areas of duplication and overlap and assess whether services are being provided in the most efficient and cost-effective manner. Where duplication, overlap and inefficiency are identified, LAFCOs should be required to initiate a study. Specific triggers could be established, such as when the fundamental mission of a district changes or reserves exceed defined limits. o Enhance the independence of LAFCOs. The State should encourage LAFCOs in urban counties to appoint their own executive officer and legal counsel, thereby establishing employment relationships free of the real and perceived conflicts that occur when county employees hold those positions . D Require shared funding of LAFCOs. To increase the resources available t o LAFCOs, enhance their independence and increase their effectiveness , the State should require counties, cities and special districts to jointly fund LAFCOs . Special districts should contribute whether or not they have opted to sit on a LAFCO . 0 Identify funds for studies. The State should require special distric ts that are the subject of a r e quired LAFCO study to fund the study. F or fi nancial h ardship cases , the State should provide grants or loans , w h ich cou ld b e re p aid from s avings accrued as a result of reorganizations. Finding 3 : Policy-makers and community leaders lack the analytical tools necessary to assess the benefits of consolidation , Impeding their ability to advocate effectively for change and overcome the tenacity of the status quo . Rcli ble information is needed to aggressively and assertively fuel the evolution and optimize the use of special di tricts. These tools are espc ially important as communities trive to efficiently provide housing and tran port tion in growing urban areas, concepts known as •smart growth ." Research i needed that will h Ip policy-makers and dcrs know wh n consolid tions will achieve improved nd crvi and id ntify trot gie for f cilitating tho Poli y -moker, al o n d guid lin , b t pr ctic s and vii LITTLE HOOVER COMMISSION access to a cadre of experts who can provide t echnical assistance and training. Absent these resources, ev en if LAFCOs are independen t and have the political will, resistance from board members and the momentum of the status quo will prevent the evolution of independent special distri.cts. The State can play an important role in building t he competence necessary for effective and informed local decision-making. The California Policy Research Center (formerly the California Policy Seminar) was created at the University of California to inform California's policy - makers about the most pressing issues of the day. The resources of this center, or other private and public institutions like it, could fi ll the information void that in some communities works to prevent structural reforms. Recommendation 3: To equip policy-makers and the public with the tools necessary to assess and guide the organization of Independent special districts, the Governor and Legislature should establish a program at the California Policy Research Center, or similar Institute, to do the following: CJ Develop guidelines and protocols for special district consolidations. The consulting research cent e r should conduct res earch to identify conditions whe n consolidation or reorganizat ion of special d istricts will result in cost-savings, improved service and other b e n efi t s . CJ Study the long-term outcomes of consolidations and reorganizations. The consulting research center should review and qua n ti fy the long-te r m outcom e s of s pecial d istrict consolid ations and r eorganizations. CJ Establish a cadre of trainers. The consulting research center should establish a cadre of experts to provide training and technical assistance to LAFCOs , enabling them to perform periodic reviews and analyze and facilitate special district consolidations. They could also be called to advise in instances where conflicts arise between special districts and their customers. CJ Develop performance measures. The consulting research center, in cooperation with the California Association of Local Agency Formation Commissions, California Special Districts Association and Special Districts Institute, should develop and encourage special districts to establish and report performance measures as a means of building public understanding and upport . viii I I I I I ' i I l I i I J : i ' EXECUTIVE SUMMARY Finding 4: Hundreds of Independent special districts have banked multi-million dollar reserves that are not well publicized and often not considered In regional or statewide Infrastructure planning. In 1996-97, the most recent year for which data is available from the State Controller, independent special districts reported $19 .4 billion in retained earnings and fund balances. Enterprise districts, which charge fees for their services, reported $18.2 billion in retained earnings. Non- enterprise districts, which rely on property truces, reported $1.2 billion in fund balances. More than 600 districts reported reserves of $1 million or more. More than 1,300 districts have reserves in excess of their gross annual revenue.2 From a state perspective little is known about these funds, including how they are invested or the purposes for which they are earmarked. State law specifies that local government agencies are to make relatively conservative investments. But there is virtually no oversight by the State or other local governments of the investment policies and practices of special districts. And there are no standards guiding the size and use of reserve funds . These issues are of concern, as evidenced by pending legislation that would require all local governments to submit their investment portfolios to the California Debt Advisory Commission in the State Treasurer's Office. Th e s iz e of special district r e serves raises a number of important policy issues . ./ Special district reserves represent significant public resources. Many districts h a ve good rationales for maintaining reserves at certain levels, including providing a cushion during lean years and p e rmitting inve stment in infrastructure. But the size of the reserves and how they are invested are often not understood by community lead e rs and di s trict c ustome rs . ./ Th e State a nd local c ommuniti e s are gra ppling with the n eed to fund infrastructu re t h at wi ll contr ibute t o Califo rnia's continued prosperity. But the resources of special districts frequently are not considered in plans to meet these needs. The resources and capacities of special districts could play a larger role in planning and financing regional and statewide infrastructure . ./ There are no guidelines for accumulating or using reserves and n o oversight of the investment practices of special districts. Reserve and investment policies and practices could be improved through the cstablishm nt of guideline and enhanced scrutiny. A numb r of teps hould b t ken to help communitic understand and muke the b t u of p i I di trict and their a ts . ix LITTLE HOOVER COMMISSION Recommendation 4: The Governor and Legislature should enact policies that will ensure prudent management of special district reserve funds and incorporate these resources into regional and statewide Infrastructure planning. Specifically, the State should require: D Districts to publicize their reserves . Districts should be required to clearly identify and publicly report, in terms understandable to the public, the size and purpose of reserves and how they are invested . The information should be included in budgets and audited financial statements, highlighted on district Web sites, reported to boards of supervisors and city councils and sent to customers, as described in Recommendation 1. Special districts also should be required to adopt and publicize policies for the accumulation and use of reserves by the district . D Policy-makers to integrate enterprise district reserve Information Into infrastructure planning. The services and assets of enterprise districts should be included in regional and statewide infrastructure planning. To this end, special districts should be required to coordinate their activities with other d i stricts and general-purpose governments and to participate in the development of county general plans . D Guidelines for prudent reserves. The Governor and Legislature should appoint a panel including experts in finance , management and government, and community representatives, to recommend guidelines for establishing and maintaining prudent reserves by special districts. The panel also should review the investment policie s and practices of districts and determin e if additional oversight is warranted. Finding 5: Property tax allocations to some enterprise districts create Inequities among districts and distort the true costs of services . A significant portion of the property tax allocated to all enterprise districts subsidizes districts with the highest reserves . Those enterprise districts that levied property taxes prior to the 1978 passage of Pro position 13 continue to receive property tax allocations. Those districts also charge customers fees for water, sewer and other services they provide . In 1996-97, independent enterprise districts received $421 million in property tax allocations. Water districts, which generate the h ighest annual revenues and maintain the largest reserves of all special districts, received 38 percent of that amount, a total of $161 million . X ExECUTIVE SUMMARY The allocation formulas may have made sense when they were implemented more than two decades ago. But over time the logic has faded . Significant policy questions are raised by the continuing practice of allocating property taxes to enterprise districts . ./ Property taxes subsidize the cost of providing services in some districts. This practice allows some districts to rely on these revenues to keep rates low or provide a higher quality of services. Other districts offering similar services must rely solely on fees to cover those costs. The property tax subsidy also can exaggerate inequities among classes of ratepayers within a district. Property Tax Allocated to Independent Enterprise Districts in millions ~~: -----·----------·--------,1~-1 $160 · $140 $120 $100 $80 $80 $40 $20 S2 $9 S3 $99 $74 $39 - $14 so l----~..;.._~-~-~--'-;_,...-~--'~--'----l airport CSO harbor/ hospital transit IAility waste water port Source: State Controller, 1996-97 Property Tax Data, on file . ./ Some districts that continue to receive property tax revenues are among those that have the highe st reserves. Meanwhile, non-enterprise districts such as parks and recreation and library districts have seen their revenues dwindle and their ability to provide services diminished . ./ Taxpayers do not understand how their property taxes are allocated among the special districts serving them. And they do not know how these allocations affect their rates or quality of services, preventing them from providing feedback to district officials. These issues should be explored in any discussion of property tax allocations to enterprise districts . Bey ond the dollars involved, policy - makers and the public must understand the con sequences of the current policy for taxpayers generally and for some customers specifically . They also need to understand consequ e n ces for districts that cannot charge fees and h ave seen their property tax revenues diminished . Recommendation 5 : Po/icy-makers should scrutinize the appropriateness of maintaining property tax allocations to enterprise districts . Among the alternatives : D Annually review the level of property tax support. The Controller could annually report the property tax revenue distributed among enterprise districts with the largest reserves. With the assistance of the Legislative Analyst, and as part of the budget process, the Legislature could decide whether to continue or modify this allocation of property truces . xi ---===:.;:;:;~;...:;,::;;;:::===---..... ---------------------~-~---------..... --.---- LITTLE HOOVER COMMISSION D Examine all allocations to enterprise districts. The Legislature could appoint a task force to examine how individual enterprise districts use property tax revenues. The task force could identify districts that should continue to receive the revenues, those that should receive smaller allocations, and those that should no longer receive property tax revenue . D Require a state audit of some districts. The Legislature could require the State Auditor to examine enterprise districts that receive property taxes and also have the highest reserves . The Legislature could then take specific action to reduce or eliminate the allocations to those districts without a strong rationale for tax funding . o Allow counties to reclaim and reallocate property tax revenues. The Legislature could provide a mechanism for counties, following a public review process, to reclaim property tax revenues from enterprise districts and reallocate those funds to meet contemporary community needs and priorities. D Enhance public understanding of property tax allocations . Property tax bills should identify for taxpayers the independent special districts tha t provide services to them, along with the tax allocation, reserves and other financial information about those districts. xii COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 1 7, 2007 11 a i Intergovernmental Agreement with Arapahoe County for an Open Space Grant for the Acquisition of Duncan Park Initiated By: Staff Source: Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Gary Hultberg, Manager of Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has given its approval for the City to enter into Intergovernmental Agreements with Arapahoe County for the following : 1) South Platte River Oxbow Habitat/Wetlands (June 4, 2007) 2) Englewood Trailhead Improvements (January 17, 2006) 3) Mary Carter Greenway Buffer and Expansion (2005) RECOMMENDED ACTION The Department of Parks and Recreation re co mmends that Council adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement (IGA) defining joint responsibility between the City of Englewood and Arapahoe County for the Duncan Park acquisition grant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e City of Englewood and Englewood Schools entere d into a lease agreement for the former Duncan School property on November 6, 1978. The lease incl uded both the forme r school building and the property. On August 22, 1984, that agreement was amended to return the building back to the school district. Since 1984, the school district has leased the building to various user groups. After the City of Englewood leased the property in 1978, the site was renamed Duncan Park and added to the current inventory list of park locations. Duncan Park is the only park located in the southeast quadrant of the City. In 2006, the Englewood School Board voted to close Flood Middle School and to sell the Duncan Park property. The City of Englewood and Englewood Schools negotiated an agreement to sell th e property to the City of Englewood . In July of 2007, Council approved a Contract for Deed that formalized the terms and conditions for the purchase of the property. The Contract for Deed identifies December 31, 2010, as the final date for payment. FINANCIAL IMPACT The total purchase price for the Duncan Park property is $1,200,000. In February of 2007, the Department of Parks and Recreation applied for an Arapahoe County Open Space grant for the acquisition of Duncan Park. In June of 2007, the Department was notified by Arapahoe County that it had been awarded the grant in the sum of $250,000. Arapahoe County Open Space share back funds can also be used for land acquisition in addition to other revenue sources City Council feels appropriate. LIST OF ATTACHMENTS Letter from Arapahoe County awarding Grant to City of Englewood Bill for an Ordinance • I Board of County Commissioners June 7, 2007 City of Englewood 5334 South Prince Street Littleton . Ccilorado 80 166 -0001 rhone: JOJ -7 95-'16JO Fa x: JOJ -738-789 4 TDD : JOJ-795-4644 www.w .,1rr11111hoc .co.,,s w, 11, 11 is si 01 1c rs@rn. n r,.11 •n I 1c1L'. rn.,, s I 000 Englewood Parkway Englewood, CO 80110 SLISi\N lllCKMi\N Pislrirl I JIM DYl'U Dislrkl 2 Re : 2007 Arapahoe County Open Space Program Grant Awards Dear City of Englewood, ROD IIOCl<ENFl'l.D Di.<lrkl .1 Congratulations! The Arapahoe -County Board of County Commissioners is very pleased to be able to award to the City of Englewood an Arapahoe County Open Space grant in the amount of $250,000 for the D1111ca11 Park Acq11isitio11 project. The grant funds will be distributed to you upon the execution of an Intergovernmental A~'1 ·ee ment ("IGA") between the City of Englewood and Arapahoe County. The IGA, which has been pr epared by the County Attorney 's Office, has been forwarded to your attorney alon g wi·.:1 a ire transfer/check autho1ization fonn. As soon as your governing body and/or authori ,.,ed official has approved, executed and returned the IGA to the County Attorney 's Offic e, with the wire transfer/check authorization, the grant funds will be disbursed . Please contact Andrea Werft, Arapahoe County Sales Tax Analyst, at 303-795-4571 if you have questions or concerns about the wire transfer or check.· The grant funds must be spent on the proj ec t in the manner described in your applicatio n as well as in accordance with the Arapahoe County Open Space Sales and Use Tax Resolution Numb er 030381 and the Grant !GA. lf you hav e any questions regarding the use of these funds, please contact Bob Toll, Arapahoe ounty Open Space Manager, at 720 -874-6725. We look forward to seeing your constituents and others enjoy the benefits of the D1111cn11 Pnrl, Acq11isitio11 proj ec t. We can thank all the Arapahoe County voters for approving the Open Space Pro gra m in November of 2003. inccrc ly, Frank7:! lJ ~ hair Board f C unty Commissioners l'i\T NOONJ\N DiSIIKI 4 1'1:AN I< WEDDI G Oi.<l1'icl 5 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER ------ ABILLFOR )\ o. I AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR DUNCAN PARK ACQUISITION BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council authorized the City's purchase of Duncan Park from the Englewood School District with the passage of Ordinance No. 42, Series of 2007; and WHEREAS, the City intended to acquire Duncan Park with monies received as grants from Arapahoe County Open Space and Great Outdoors Colorado; and- WHEREAS, the City of Englewood applied and was awarded a 2007 Arapahoe County Open Space Program Grant; and WHEREAS , the passage of this Ordinance will authorize the acceptance of the Arapahoe County Grant for the Duncan Park Acquisition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section I . The "Intergovernmental Agreement Regarding 2007 Grant of Arapahoe County Open Space Program Funds Project Name : Duncan Park Acquisition", attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2 . Pursuant to Article V , Section 40 , of the Englewood Home Rule Charter, the City Council has determined that Exhibit A , attached to this Ordinance, shall not be published because of its size. A copy is available in the Office of the Englewood City Clerk. Section 3 . The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the I 7th day of September, 2007 . Published as a Bill for an Ordinance on the 21 '1 day of September, 2007. Olga Wolosyn, Mayor ATTEST: 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 17°' day of September, 2007. Loucrishia A. Ellis , INTERGOVERNMENTAL AG REEM ENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: DUNCAN PARK ACQUISITION This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4 , 2003 , the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No. 030381; and WHEREAS, Resolution No. 0303 81 authorizes the County to award grants of fungs from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities and special districts, as more fully set forth therein ; WHEREAS, on May 29, 2007 the County approved the Grantee's Project Application, which is attached hereto and incorporated by reference herein as Exhibit A , ("Project Application"), subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; WHEREAS, the County desires to enter into intergovernmental agreements, as a condition of grant approval, with such municipalities and special districts that have been approved for grants from the County ; and WHEREAS , these intergovernmental agreements are authorized by Article XIV , Section 18 of the Colorado Constitution and COLO. REV. STAT. § 29-1-203 . NOW, THEREFORE, th e Co unty and the Grantee agree as follows: 1. 2. 3. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the amount not to exceed $ 250,000 from the Arapahoe County Open Space, Parks and Trails Grant Program for the DUNCAN PARK ACQUISITION ("Grant Project"). Use of Grant Funds . The Grantee agrees that it shall only use the Grant Funds for the Grant Project , as set forth in Exhibit A. Time For Use of Grant Funds. The Grantee agrees that such Grant Funds will be expended by no later than one year from the date of this Agreement, unless a longer period of time is otherwise agreed to by the County in writing. A t t a C h rn e n t 1 ( 4 . Interest on Grant Funds . The Grantee furth er agrees that, after receipt of its Grant, the Grantee will use any interest earned on the Grant only for the Grant Project as s et forth in its approved grant application . 5 . Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project. Nor shall the County shall ha ve any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the amount of Grant Funds awarded by the County to the Grantee . 6. Grant Project Site Visits. Upon 24 hours written notice to the Grantee , the Grantee agrees to allow the County to make site visits before , during, and/or at the completion of the Grant Project. 7. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the project and agrees to allow the County to do the same. If any events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events . Grantee shall cooperate with the County in preparing public information pieces , providing photos of the Grant Project from time to time, and providing access to the Grant Project for publi c it y purposes . 8 . Required Sien at Project Site . Grantee agrees to e rect at least one sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program . The location , form, design , and wording of such sign shall be approved by the County . Such sign shall be erected prior to the completion of th e Grant Project or its public opening, whichever is the earlier. 9 . Report Re quirements. On or before December 31, 2007 the Grantee a grees to pro v id e th e County with an annual upd ated r eport that des cribes the amount o f pro gress in c ompleting th e G ra nt Proj ec t, G ra nt Proj e ct mileston es , and th e use o f th e Gra nt F und s to d ate . U po n compl etio n of th e Gran t Project , th e G ra n tee also agrees to submit to the County a final report , including a letter that certifies what the Grant Funds have been used for and that the Grant Funds have been used in accordance with County Resolution No . 030381. ln addition to the final report , Grantee shall also submit to the County a final project summary that discusses the Gra nt Project and incl ud es pho tographs of the various stages of the Gran t Project deve lopment , incl uding a photograph of the Gran t P rojec t at th e t ime of complet ion. The County shall be all owed to use t he a bove photographs in pub licat ions, public information updates , and on the County web site . The Grantee further agrees to provide the County with an e lectronic copy of the final report and project summary along with digital photographs. 2 10 . Failure to Submit Required Reports . Upon written notice from the County 's Open Space Manager, informing the Grantee that it has failed to submit any required annual update repo11 and/or final report , the Grantee shall submit such reports to the County through the County 's Open Space Manager within thi1ty (30) da ys, and, if it fails to do so , the Grantee shall be deemed to be in violation this Agreement. The Grantee shall be in e ligible for an y future Grant Funds , until and unless such reports have been submitted to the County's Open Space Manager. 11. Record Keeping Requirements. The Gran tee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books , documents , papers , and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit , examination, or excerpts . The Grantee shall keep all books , documents, papers , and records, which are pertinent to the Grant Project, for a minimum of three years. 12 . Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and /or this Agreement , the County may require the Grantee to reimburse the Count y in the amount of such Grant Funds that are not used for the Grant Project. 13. 14 . 15. 16. 17 . Remedi es . The ri ghts a nd remedies of the Coun ty as set fo rth in this Ag ree me nt shall not be exclusi ve and are in addition to an y oth er rig hts or re medi es prov id ed by law . No Wai ver of Rights. A wai ver by eith er party to thi s Agree m ent of the breach of any term or pro vision of this Agreement shall not op erate or be construed as a wai ve r of a n y subs equ ent breach by either part y . Ch anges to Gran t Pro ject. Th e Grantee ag rees a nd und e r sta nd s th at its Grant Proj ec t , once it has bee n ap prove d b y th e Co unt y, may not be c h an ge d w ithout the Co unt y's p ri or a pproval. Changes mu st be req ues ted in writing and may no t begin until an amendment to this Agreement has been approved by the County. Transfer of Interest in Grant Project. The Grantee understands anJ agrees that no land or interests acquired with the Grant Funds as part of the Grant Project may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or permit on said land or interests be given, without prior approval of the Grantee's governing body after conducting a public hearing . The Grantee further agrees if such sale , lease , trade or conveyance is made or an exclusive license or interest has been given, the proceeds shall be deposited in an open space fund to be used for purposes consistent with Resolution No . 030381 . Relation hip of the Parties . The Grantee shall perform all duties and obligations under thi Agreement as an independent contractor and shall not be deemed by 3 virtue of this Agreement to have entered into any partnership , joint venture , employer/employee , or other relationship with the County. 18 . No Third Pa11y Beneficiaries . Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party , including , but not limited to , any agents or contractors of the Grantee . 19. Severability . Should any one or more provisions of this Agreement be determined to be illegal or unenforceable , all other provisions nevertheless shall remain effective; provided , however , the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder . 20. Written Amendment Required . This Agreement may be amended, modified, or changed, in whole or in part , only by written agreement duly authori zed and executed by the County and the Grantee. 21. Venue . Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 22. Notices . Notices , as referred to in this Agreement , shall be sent to : COUN TY : Bo ard of County Commission ers of Arap ahoe C ounty 5334 South Princ e Street CITY: Littl eton , Colorado 80166-0001 and Arapahoe Count y Attorney 533 4 South Prin ce Stre et Littleton , Colorado 80166 -000 l and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department 10730 East Briarwood A venue, Suite l 00 Centennial , Colorado 80112 -3853 and Jerrell Black Director, Parks and Recreation City of Englewood 1155 W. Oxford Ave . Englewood, CO 80110 4 23 . Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado . 24 . Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto . The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 25. Counterparts . This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26 . Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits , applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes . 27 . Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define , limit or describe the scope or intent of this Agreement. 2 8 . Signatures. The signatories to this Agreement represent that they are fully authori zed to execute this Agreement and bind their respective entities . 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below. DATED this 21st day of August, 2007 . ATTEST: By: ___ _ City Clerk · · Loucrishia A. Ellis ATTEST: B y: ___________ _ Nancy A . Doty, Clerk to the Board GRANTEE: By:. _____________ _ Name Title Olga Wolosyn Mayor COUNTY OF ARAPAHOE ST A TE OF COLORADO B y:. ______________ _ Bob Toll , Open Space Manager, Pursuant to Resolution # 070462 6 , Exhibit A 2007 Arapahoe County Open Space Grant IGA Arapahoe ®~~~o~~,:, 2007 ARAPAHOE COUNTY Open Space, Parks, and Trails Grant Application Applicat ion Name: Project N ame: Contact Information : City of Englewood Duncan Park A cq uisition Gary Hultberg, Recreation Manager Department of Parks and Recreation ahoe countY ftB ·l2 ioo1 1155 W. Oxford Avenue, Englewood, CO 80110 303-762.2684 ph, ghultberg@englewoodgov.org TABLE OF CONTENTS Section Part A. Contact and General Project Information Part D. Park Projects Part F. Detailed Project Narrative and Selection Criteria Part G. Budget Part H. Letters of Support Part I. Maps Arapahoe County Open Space, Parks and Trails Grant Application Page 2 of 18 Page 3 Page 6 Page 7 Page 10 Page 14 Page 11 , Arapahoe County Open Space, Parks and Trails Grant Application Part A-CONTACT INFORMATION Project Type: XX Parks D Open Space D Trails D Other (please describe) Name of Project: Duncan Park Acquisition APPLICANT INFORMATION Date: 2/20/07 Name and Address of Applicant and Primary Contact Person : Gary Hultberg, Recreation Manager City of Englewood, Department of Parks and Recreation 1155 W. Oxford Avenue, Englewood, CO 80110 Phone: 303. 762.2682 Fax : 303.762.2688 Email: ghultberg@englewoodgov.org Name and Address of Partners and Primary Contact Person: n/a Applicant Federal Employer ID Number (FEIN): 84-6000-583 Signature of Authorized Agent: I, Jerrell Black, Director of Parks and Recreation, hereby affirm that I am the authorized agent for the City of Englewood, which is applying for the grant as described herein, and that I am legally authorized on behalf of the City of Englewood to apply as its agent for this Arapahoe County Open Space, Parks , and Trails Grant. Signature of Authorized Agent GRANT REQUEST Amount Requested (round off figure to nearest $100): Total Project Cost Grant Request Matching Funds $1 ,350 ,000* $ 250 ,000 $1 ,100,000 *Based on Englewood School 's aooraisal Arapahoe County Open Space, Parks and Trails Grant Application Page 3 of 18 Duncan Park Acquisition The City of Englewood seeks to acquire ownership of approximately 3.3 acres of land presently owned by Englewood Schools . The land, formerly an elementary school site, has been leased to the City of Englewood and operated as a neighborhood park since 1978. Excluded from the City lease is the 6 , 126 square foot school building that Englewood Schools leases to a local church as a childcare center. Englewood Schools has publicly announced its intention of selling the entire site . The property is zoned R-1 B (medium lot size , single dwelling unit residential district). Permitted uses under this zoning include single family residential , small group living facility, park , religious assembly and school. Although a significant portion of the property is used as a park, the park is not dedicated and a developer could remove the improvements and construct single family homes. The City of Englewood has identified the acquisition and continued use of the site as a public park a high priority . Duncan Park is the only park serving the southeast area of the City. Representatives from Englewood's City Council and Englewood School Board are presently negotiating the sale of the property. PHOTOGRAPHS Southwest corner of park looking east Arapahoe County Open Space , Parks and Trails Grant Application Page 4 of 18 • --------.. ---- Northwest comer of park looking southeast PROJECT LOCATION INFORMATION City/District: Section/Townsh ip/Range: County Commissioner District #: LAND OWNERSHIP Name of Landowner: City of Englewood 2077 -10-4-14-001 /5S/68W 1 , Susan Beckman Englewood Schools Evidence of ownership or easements for trail corridor/conservation easements: D Enclosed X Will forward if requested Arapahoe County Open Space , Parks and Trails Grant Application Page 5 of 18 D Not yet available (Explain) Part D -PARK PROJECTS PROJECT INFORMATION X Neighborhood Park D Sports Fields D Picnic Facilities o Other _________ a. Other ________ _ D Part of a larger Open Space or Park project PARKS ACQUISITION Gross Acreage 3.31 acres Proximity to existing Open Space or Parks (miles) Big Dry Creek Trail Belleview Park Centennial Park Englewood Golf Course Arapahoe County Open Space, Parks and Trails Grant Application P g 6 of 18 D Park Expansion .5 miles .7 miles 1.25 miles 1.25 miles , Part F • DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA 1. Project Description 30 Points A. Please discuss how this project preserves, improves, or restores urban or rural open space, natural areas, agricultural and ranch lands, vistas, ridgelines, floodplains, or wetlands . Duncan Park is a developed park surrounded by residential neighborhoods. The fee- simple purchase would protect and preserve the land as a park for future generations. The Englewood community, and particularly the residents in the southeast neighborhood who have been served by the park for nearly 30 years, are very concerned that it remain a public park . B. Please discuss how this project will serve to protect water quality in rivers, lakes, and streams. Not applicable to this project. C. Park Lands. Duncan Park is an integral part of the City of Englewood's parks, trails and open space system. Englewood presently has 191 acres of parks and open space, 31 of which -' comprise seven neighborhood parks, typically serving residents within % mile radius . The Englewood Parks and Recreation Master Plan has identified the southeast area of the City as underserved by the park system. The loss of Duncan Park would certainly create an even lower park service level and quality of life issues for those presently enjoying the benefits of Duncan Park. The current recreational use of Duncan Park is typical of a neighborhood park. The park amenities include a playground , basketball court, picnic tables and informal play areas for youth sports practices. The park is also one of four designated off-leash areas within the City of Englewood . The Englewood Soccer Association is permitted to use open field areas for practice in the spring and fall. The Parks and Recreation Master Plan notes a lack of an internal paved walk and a need for landscaping upgrades throughout. Should Englewood Schools abandon the school building or the City eventually purchase the property, the Master Plan recommends razing the building to allow for redesign of the entire site . D . Trails . The Parks and Recreation Master Plan identifies a need for an internal trail/paved walk system to be incorporated into future Duncan Park redevelopment plans. The City has also developed a Master Bicycle Plan that serves as an addendum to the 2007 Englewood Comprehensive Plan . The Plan emphasizes the need for a system of on street "continuous connections " between neighborhood parks, recreation centers and the core commuter trail system . Duncan Park is connected in the plan by proposed bike lanes via Chenango Avenue . E . Wildlife Habitat and movement corridors . Not applicable to this project. F . Historic Sites Not applicable to this project. Ar pahoe County Open Space , Parks and Trails Grant Application Page 7 of 18 2. County and Community Benefits 20 Points The immediate objective of this project is to secure funding for the acquisition of Duncan Park. Englewood Schools has indicated its intention to work with the City in the hopes of keeping the property in public hands; however, it has not ruled out selling the site to a private developer. The City of Englewood's Parks and Recreation Commission and City Council have identified the acquisition of Duncan Park as a high priority. The citizens in the neighborhoods surrounding the park have mobilized in an effort to convince the City and Englewood Schools of the importance of maintaining the property as public park land . User groups such as Englewood Soccer Association and Englewood Unleashed have expressed their concern about potentially losing a very important and popular park and the negative effect it would have on their programs. The City's ownership of the park will allow for future implementation of the Parks Master Plan which calls for redevelopment of the park . Future improvements may include picnic facilities, internal pathways, removal of the old school building, multi-use athletic fields , additional landscaping and restroom facilities . The ultimate park design will be determined by a public process involving neighbors, user groups and City officials supported by professional park planners . Englewood School Board has adopted the recommendation of their Financial Review Committee to sell the Duncan property to minimize severe budget cuts due to declining enrollment. The City is committed to using Arapahoe County shareback funds and hopefully park acquisition grant awards from Arapahoe County .Open Space and Great Outdoors Colorado . Englewood Schools had indicated its willingness to negotiate the terms of sale over a three year period, allowing the City time to pursue grants and accumulate the necessary shareback funds . 3. Planning and Design 15 Points The City of Englewood's Parks and Recreation Master Plan was completed in April 2006 and adopted as an addendum to the City 's Comprehensive Plan in December 2006 . Although the Master Plan was completed before the potential sale of the Duncan property was known , the Plan specifically mentioned the importance of neighborhood parks as they relate to the overall park system . Moreover, the Plan identifies the southeast area of the City as presently being underserved . The loss of Duncan Park would eliminate the only neighborhood park in that area . Because the park is presently maintained as a public park by Englewood's Department of Parks and Recreation, operating and maintenance funds are already in place in current and subsequent year's park budgets. Long range plans (5-10 years) include planning for park redevelopment and construction of improvements . • Relevant Plans to the Parks and Recreation system include: 1. 1997 Englewood Recreation Demand and Facilities Analysis 2. 2003 South Platte River Open Space Plan 3 . 2003 Englewood Comprehensive Plan : Roadmap Englewood 4 . 2004 City of Englewood Bicycle Master Plan . 4 . Partnerships 25 Points In a very short time , a number of concerned Englewood citizens, park user groups and City officials have come together to pursue the preservation of Duncan Par1<. Letters of Support are included from : Englewood Schools , Englewood Parks and Recreation Commission , Englewood Soccer Association , Duncan Park Neighbors and Englewood Unleashed . The City will provide100% of the matching funds for this project. The $900,000 match equates to 67% of the total project/acquisition cost. Arapahoe County Open Space , Parks and Trails Grant Appl ica t ion Page 8 of 18 , 5. Long-term Maintenance 15 Points Duncan Park, as previously discussed, is currently maintained as a City of Englewood park and funding is in place to provide long-term operation and maintenance. Long-term land management and future park planning and development were outlined in #2 County and Community Benefits section . City ownership of the park will allow for prioritization of future Duncan Park planning and development. 6. Connectivity 15 Points The acquisition of Duncan Park protects an existing neighborhood park integral to the City of Englewood's park system . As previously discussed, Duncan Park's location is critical to maintaining park land in the southeast area of the City. Replacement of the park is not feasible . The City of Englewood is a land-locked community with very little urban land available for park development. Englewood has a total of seven neighborhood parks, three community parks, three pocket parks, two natural areas, two sport complexes and four recreation facilities. Arapahoe County Open Space , Parks and Trails Grant Application Page 9 of 18 Part G -BUDGET Sources of Funds Date Grant Request Cash Match In-Kind Match City of Englewood -Sharebacks $900,000 Araoahoe County $250 ,000 Great Outdoors Colorado 200 ,000 Totals $250,000 $1,100,000 Uses of Funds Date Grant Request Cash Match In-Kind Match \ Englewood Schools 8/07 $250 ,000 $200,000 Englewood Schools 8/08 450,000 Enalewood Schools 8/09 450,000 Required signage acknowledging At completion $600 required grant from Araoahoe County OSPT of project budget expense Totals $250,000 $1,100,000 TOTAL PROJECT COSTS: $1,350,000 ~rc,--H~ Signature: Date : 2/20/07 Tille: Manager of Recreation Arapahoe County Open Space, Parks and Trails Grant Application Page 10 of 18 Totals . $900,000 250,000 200 ,000 $1,350.000 Totals $450,000 450,000 450,000 $600 required budget expense $1,350,000 ' E:-,glewood Schools "f>.. Step Ahead· Boord of Education KAREN MILLER President SHERRY SCAGGIARI 1 ~! Vice Pres.ident SHELLEY THOMPSON 2nd Vice Preoident HEATHER HUNT Secretory SCOTT GORSKY Trecsurer JAMES McCABE, Ph .D. S:.roerintenaanr of Sch00ls February I , 2007 Arapahoe Cow1ty Open Space and Tra ils Advisory Board I 0730 East Briarwood Avenue, Suite I 00 Centennial, CO 80112 To Whom [t May Concern : The Englewood School Board is writing in support of the City of .Englewood's pursuit or Arapahoe County Open Space funds for the acquisition of prope1ty located at 4800 South Pc1ms y l v ania Street , known as Duncan Park. This property cwTently belongs to Englewood Schools and is leased to the City of E nglewood for park land . Englewood Schools has decided to sell this property and is cun-ently in negotiations with the City of Englewood for the purchase of this site. Englewood Schools strongly supports this acquisition for the following reasons: • Duncan Park is the only park located in the southeast portion or Englewood. • The southeast portion of Englewood is cunently underserved in ava ilable park and open space . • As Duncan Park is approximately four acres in size, it offers the potential for much needed park amenities including an additional athletic field. • • • The purchase of the property will help to improve the aesthetics and home values of the suffounding neighborhood . Duncan Park is important to Englewood Schools being a 1/.. mile from the nearest local school. The loss of this site as park land and open space will be vi11ually impossible to replace in the future . We hope you will consider the City of Englewood's request for acquisition funding for this community asset. incerdy. ,-· i ! ' Ms . Karen Miller. President Englewood chool Board i ! I_ '.I C r L T y 0 F G L E V\I 0 0 D p ,\ R K S A l's.; D R E C r? I: t, T ! 0 , ( 0 M M I S S I O N _________________________ ,, _____ -------------------------- Open Space, Parks and Trails Advisory Board 5334 S. Prince Street Littleton, CO 80166 Dear Board Members, ZJ0 7 On behalf of the City of Englewood Parks and Recreation Commission, 1 am writing this Jetter in support of the City's grant application for Duncan Park acquisition . The Commission adopted a Parks and Recreation Master Plan in May of 2006. The plan identifies the southeast residential area of the City as presently being under served; a relatively low park land level of serv ice . 3 .3-acre Duncan Park is the only park serving this area of the City . The park , fonnerly an elementary school site is presently being leased from Englewood School District and maintained and operated as a neighborhood park . Subsequent to the completion of the Master Plan , the school district has dec ided to sell th e property to help fund capital school projects . The Department of Parks an d Recreation h a s maintained Dun can as a park for o ve r 30 years as a valuable and irreplaceable part of the Cit y's park s ystem . The Park and Recreation Commission has identified the acquisition and preserva tion of Duncan Park as its highest priority . We cannot think of a better use of the County Open Space share back funds and grant dollars . Thank you for your c ons ideration. Sincerely, __, \.. .. ---~ /._·/.;. ~ ~s--:'.'" .. ,-, . Austin ·Gornes.- Chairperson 11 55 W ) /c)I(/ A.\ l'I HIC' 111~/l'\\uod, CL1 lor,1do l\011 () f>hrnw 303-i(>2 -2680 F.1x 303-76 2-2688 Duncan Park Neighbors Englewood, Colorado February 8 . 2007 Arapahoe County Open Space, Parks & Trail Program 10730 E. Briarvvood Ave . Centenn ial , CO 80112 Dear Arapahoe County Open Space , Parks & Trail Program Representatives : We represent a growing group of nearly 100 homeowners and neighbors living around Duncan Park in Englewood . Colo . who have concerns for the future of our park . With the pending sale of Duncan Park by the Englewood School District , we are expressing our desire to see the park remain in the hands of the public . It is the only park in this corner of Eng lewood and the only one in District 3 , which represents approximately 20 percent of the town's population . We know a g rant from the Arapahoe County Open Space would go a long way in he lping t he c itizens and taxpayers in this area accomp li sh our goal of making the park a permanent part of this neighborhood. If Englewood is successful in ac quiring the park , we are aware that there are future redevelopment plans for it As a c it izen 's group , we are eager to be involved in those plans and look forward to working with our c ity . We are happy to offer further in put or inform ation you may need in reaching your deci sion . Please consider granting the funds to help us retain th is much-loved and highly-used park . Sincere ly , .... , ... ,·;_ Jenn ifer C McKee *-(. I'"', ., ' ' ' , r ' (~' --I -. 'l / , ___ .> · I i i · John E Rigg~/ ··1 Representing Dunca n Park Ne ighbors Russ Smith February I 9. 2007 Arapahoe Co unty Open SpaL:e. Parks and T rail s Advisory Board 5334 South Price Street Littleton. C O. 80166 To Whom It May Concern: Englewood Unleashed Englewood U nleashed is please d to support the City of Englewood in its efforts to acquire Duncan Park . This grant appli cation holds the hope and future o f many very diffe rent E nglewood residents and their recreational needs . For the past 30 years the residents have had the City of Englewood De partment of Parks and Recreation to thank for maintaining this little park. Being the only park in the South East quadrant of Englewood makes this ~re-than an application; it is a much-needed opportunity to exp a nd . ln 2002, the City of Englewood chose five parks in the City's five primary neighborhoods where residents can have their dogs off leash . Duncan Park is the only off leash park in the South East portion of the City. The park is used primarily by local residents due to its size. Englewood Un le ashed has been working lo preserve this type of use since 2004 and myself persona ll y since 2003 . We have worked with the City to build a fenced in off leash park located adjacent to Belleview Park ; the primary concept being to concentrate the use of both Englewood residents and non-Englewood residents at one large, flagship location thus leaving the other smaller neighborhood locations to normal , local residential use . Since opening the Englewood C anine Corral this appears to have prevented over use at all of the other off leash parks . The opportunity to expand Duncan Park would be greatly appreciated by Englewood Unleashed members . C reating a park of this size with multiple recreational use facilities in a nei ghbo rhood where one did n ot exist previously would be a significant contribution and improvement. Duncan Park as it is has been wonderful. However, an opportunity to convert developed land back into g reen space in a metropolis as large as ours is rare these days . Please help us continue to improve our city and the li ves o f our South East residents by &-'Towing Duncan Park from a litt le e nclave to neighborhood centerpiec e . I look forward to this grant request being approved and to wo rk in g wi th the Ci ty o f E n g le v.'ood's Pa rk s and Recreatio n D e partme nt t o red evelop Dun c an Park. -~~ T a v is f Ja nna Pres ident cc: a l)· H u It berg. City of E n g lewood 303-6 94-74 85 • PO Box :s2 • En!,!lewood , CO 80151 • www.engle w oodunleashed .or Englewood Soccer Association P .O. Box 2264 ~ Englewood , Colorado 80150 February 17 , 2007 Arapahoe County Open Space, Parks a nd Trails AdviSOi)' Board 5334 South Price Street Littleton, Colorado S01 66 RE: ENGLE\VOOD DU!\CA!\ PARK GR ANT APPLICATION Dear Advisory Board: ~ ENGLEWOOD SOCCER Englev,•ood Soccer Association is plea sed to support the City of Englew·ood's grant application to the County, for funds to acquire Duncan Park, located at -:1800 South Pennsylvania Street in Englewood . The park is currently o v:ned by the Engle\.\·Ood School District and has been leased and maintained by the City for approximately thirty years as a neighborhood park. It is our understanding that due to financial considerations, the School District has decided to sell this 2sset t o r2ise funds for sd1o ol b u il di!1 g ir.1p ro ,.·e:-:1en ~s. Englev,1ood Soccer Associa t ion is a youth so c.cer prognun fo r children ag e s 4 to 18. Since i:s inception in 1983 , Duncan Park has been rnilized on a regular basis by the Association, during the fall and spring seasons of every y ea r, as practice field~ for our younger youth teams . This being the only park , or s ch ool ar ea, in the sourhea st quadrant of the City with a grass area large enough to provide safe fields ; the loss of thi s park a~ soccer fields to the child ren in the area would ha ve a very detrimental effect . l'ractice as well a s game fields, are at a premium, and the ch,mge of use or res idemia l re-development of Duncan Park w ould eli minate irrepla ceable park and open space in this area of the City. It i~ our understanding that if th e Ci 1y is able to purchase Dunca n P ark; the goal is to improve the p ark through reconfiguration an d enh a ncement . cngiewood Soccer A ssocia1ion supports, and is e:-.ci ted about the p ro spect of bei ng inclu ded in this process along wi th o ther u ser groups and the neighborhood . \\"e hope you, ·ill favorably consider the City ofEngle,,ood ·s grant application for funding of the acquisition of Dunc.a n Park. Respectfully, Englewood Sc ccer Associ ati on // / ,,.,·/ t->·r-/,t/ / ---Katrina Maes. President INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: DUNCAN PARK ACQUISITION This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No. 0303 81; and WHEREAS, Resolution No. 030381 authorizes the County to award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities and special districts , as more fully set forth therein; WHEREAS, on May 29, 2007 the County approved the Grantee's Project Application, which is attached hereto and incorporated by reference herein as Exhibit A, ("Project Application"), subject to the execution of an intergoverrunental agreement and subject to the terms and conditions contained herein; WHEREAS, the County desires to enter into intergovernmental agreements, as a condition of grant approval, with such municipalities and special districts that have been approved for grants from the County; and WHEREAS , these intergovernmental agreements are authorized by Article XIV, Section 18 of the Colorado Constitution and COLO . REV . STAT .§ 29-1-203. NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the amount not to exceed $ 250,000 from the Arapahoe County Open Space, Parks and Trails Grant Program for the DUNCAN PARK ACQUISITION ("Grant Project"). 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as set forth in Exhibit A. 3. Time For Use of Grant Funds. The Grantee agrees that such Grant Funds will be expended by no later than one year from the date of this Agreement, unless a longer period of time is otherwise agreed to by the County in writing . A t t a C h m e n t 1 4. Interest on Grant Funds . The Grantee further agrees that, after receipt of its Grant, the Grantee will use any interest earned on the Grant only for the Grant Project as set forth in its approved grant application. 5 . Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project. Nor shall the County shall have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project ca1rnot be completed with the amount of Grant Funds awarded by the County to the Grantee. 6 . Grant Project Site Visits . Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, and/or at the completion of the Grant Project. 7. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the project and agrees to allow the County to do the same . If any events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces , providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes . 8 . Required Si gn at Project Site. Grantee agrees to erect at least one sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program. The location, form , design, and wording of such sign shall be approved by the County . Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is the earlier. 9 . Report R e quirem ents . On or before December 31, 2007 the Grantee agrees to provide th e C ounty with an annual upd ated report th at desc rib es the amount of pro g ress in completing th e Gra nt Proj ect, Gr ant Proj ect mil esto nes, and the us e of t he Grant F und s to date. Upon com pl etio n o f the Grant Project, the Grantee a lso agrees to submit to the County a final report, including a letter that certifies what the Grant Funds hav e been used for and that the Grant funds have been used in accordance with County Resolution No. 030381 . In addition to the final repo1t, Grantee shall also submit to the County a final project summary that discusses the Grant Project and includes photographs of the various stages of the Grant Project development, including a photograph of the Grant Project at the time of completion. The County shall be allowed to use the above photographs in publications, public information updates, and on the County web si te . T he Grantee fmther agrees to provide the County with an electronic copy of the fina l report and project summary along with digital photographs . 2 I 0. Failure to Submit Required Repo1ts . Upon written notice from the County's Open Space Manager, informing the Grantee that it has failed to submit any required annual update repo1t and/or final repo1t, the Grantee shall submit such reports to the County through the County's Open Space Manager within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation this Agreement. The Grantee shall be ineligible for any future Grant Funds, until and unless such reports have been submitted to the County 's Open Space Manager. 11 . Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pe1tinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years. 12. Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and/or this Agreement, the County may require the Grantee to reimburse the County in the amount of such Grant Funds that are not used for the Grant Project. 13. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies prov ided by law. 14 . No Waiver of Rights. A waiver by either party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any s ubs e quent breach by either party. 15 . Changes to Grant Project. The Grantee a g rees and understands that its Grant Project , o nc e it has been approved by the C ounty, may not be changed without the Co unty 's pri o r app ro val. C han ges must be requested in writing and may not begin until a n amendment to this Agreement has been approved by the County. 16 . Transfer of Interest in Grant Project. The Grantee understands and agret:s that nu land or in terests acquired with the Grant Funds as part of the Grant Project may be sold, leased , traded , or otherwise conveyed, nor may an exclusive license or permit o n said land or interests be given, without prior approval of the Grantee's governing body after conducting a public hearing . The Grantee furt h er agrees if s uch sa le, lease, trade or co nv eyance is made or an exclusive license or interest has been given, the proceeds shall be d epos it ed in an open space fund to be used for purposes consistent with Resolution No. 030381. 17 . Relationship of the Patties . The Grantee shall perform all duties and obi igations under this Agreement as an independent contractor and shall not be deemed by 3 , virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 18. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third pa11y, including, but not limited to, any agents or contractors of the Grantee. 19. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable , all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder. 20 . Written Amendment Required. This ' Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 21 . Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 22 . Notices . Notices, as referred to in this Agreement, shall be sent to: COUNTY: CITY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80166-000 l and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department 10730 East Briarwood A venue, Suite l 00 Centennial, Colorado 80112-3853 and Jerr ell Black Director, Parks and Recreation City of Englewood 1155 W. Oxford Ave . Englewood, CO 80110 4 ' 23. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 24. Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27 . Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 28. Signatures . The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. 5 ' IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below. DATED this 21st day of August, 2007. ATTEST: By: ___ _ City Clerk· · Loucrishia A. Ellis ATTEST: By: ___________ _ Nancy A. Doty, Clerk to the Board GRANTEE: By: _____________ _ Name Title Olga Wolosyn Mayor COUNTY OF ARAPAHOE STA TE OF COLORADO By: _____________ _ Bob Toll, Open Space Manager, Pursuant to Resolution# 070462 6 (_ --··--_,_ ... __ _ .. "' ..... _ ... ~.... . .. / ( I t ·-· I •-__ ..., ,_..,_ ~ 1·- 1 = =· .. ~ -U-•&~--,-~-I I ' ~-------· I I SHERIDAN I . .. -l ·---· -· I -·' /1 ,--· i I Jason Park 1 ····-----··-·1 ··- ~{il1 ~"£.:::i _J _ -~~ ·~ J __ . ··,• .... -. · :~~-''-r.1 Belleview µJ ~~~can ''"*,II Park I I l -,-.--......... i,i,1,ia .......... ----.....;.sELLEVtEWAVE , -· ··,. I I } ·y Arapahoe 1 [ , I County [ ' (' j GREENWOOD Admln . Bldg. •. " j VILLAGE I j • 1 • .•. • LITTLETON BL VD -. . I LITTLETON I ------r--lF -- . I .... ..-. ··,,. ~ -_J . I -·-·--- :.:.=~-.~, ...... ......-.-. ___ L._~ City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Duncan Park: Park Acquisition Project Vicinity Map with Driving Route LEGEND -Driving Route CJ Duncan Park Boundary L...:--1 Englewood Parks and Open Space CJ Arapahoe County Boundary -Major Highways • -* Arterial and Collector Streets February 2007 Driving Directions from Arapahoe County Admin . Bldg.: Take Prince St. north to Santa Fe Dr. Merge onto north-bound Santa Fe Dr. Exit Santa Fe Drive onto east-bound Belleview Ave . Turn left onto north -bound Logan St. Turn right onto east -bound Chenango Ave . Turn left onto north-bound Pennsylvania St. Park on street. 0 o.s 1 Mil 1.5 City of Englewood, Colorado 2007 Arapahoe County ()pen Space/ Parks/ and Trails Grant Application Duncan Park: Park Acquisition Project Site Plan and Topography Map LEGEND l_ Sc hool B uilding • Ras k th all C OLi rt Playgroun d -Topographical Contour Lin c:I C ity Boun dary I l' I ll ll d l <> , .) I ,O ft•(•( } ) ---) City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Duncan Park: Park Acquisition Project Street Map with Drivin g Route LEGEND -Driving Rout e c::J D uncan Park Boun dary l ,1he Pn n ce t n 1rt1 1 to S;1nt ,1 f l' Dr ti l e 98 o nto n CJ rth -h L um1 :: ,111 ,1 • t [)r x1 Santil D11 'P o n'.o ,0 .1st hound B,.,1,,\11', ,\ ,• r u rn lef onto no nh -hL~u n,l L oq. ,, St f ... :n n~1ht ~'tit,"\ c .. ~S t·t':..'~!:' ~ Ct ,..;:'\.!' l ,ir1 1 l1:1t L)flt O ll()'tl t1, Lill j ~L'l'l'::-',I .l" I I P,l Oil Stl t"L' (J 1, ()()(} .!, ( )()() f(•(•t /, (){)() (_ COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 1 7, 2007 11 a ii Intergovernmental Agreement with Arapahoe County for an Open Space Grant for the Belleview Park Picnic Shelter Improvements Initiated By: Staff Source: Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has given its approval for the City to enter into Intergovernmental Agreements with Arapahoe County for the following: 1) South Platte River Oxbow Habitat/Wetlands (June 4, 2007) 2) Englewood Trailhead Improvements (January 17, 2006) 3) Mary Carter Greenway Buffer and Expansion (2005) RECOMMENDED ACTION The Department of Parks and Recreation recommends that Council adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement (IGA) defining joint responsibility between the City of Englewood and Arapahoe County for the Belleview Park Shelter Improvements grant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Belleview Park Picnic Facilities project is part of the initial phase of implementation of the City's Park and Recreation Master Pl an. Develop ed and adopted in 2006, the Master Plan identified the need to replace many aging park picnic pavilions. The existing Belleview #1 pavilion is over thirty· five years old and has outlived its effectiveness as a picnic facility. The Belleview Park shelter #1 will be replaced with a state of the art ADA accessible shelter and picnic amenities. These upgrades will allow more users access to the park facility due to a larger shelter configuration. FINANCIAL IMPACT The total cost for the project is $779,543. Funding for Phase I is budgeted in the 2007 Open Space approved budget ($493,377). The $137,300 grant from Arapahoe County Open Space will be used for the replacement of the Belleview #1 shelter. The Department of Parks and Recreation will be requesting funding for Phase II ($286,166) in the 2008 O p n Space Budget. LIST OF AlTACHMENTS Letter from Arapahoe County awarding Grant to City of Englewood Bill for an Ordinance ,, ~--------- Board of County Commi ssion e r s 5334 So uth Pri nce Sire,'! June 7, 2 007 City of Englewood Li t1 le 1o n , Co l0 r.:1 c\o 80166 -00L11 Phon e: 30 3-795-4DJO F,1 x: 303-738 -7804 TDD: 30 3-705-464•1 I\I I\IW.CO.lll'npt1/ittt'.W.//S CO ll/lll i.<S i Ol/('1"$@CO.nmpl!lw c .W.I/$ 1000 Englewood Parkway Englewood, CO 801 l 0 Re: 2007 Arapahoe County Open Space Program Grant Awards Dear City of Englewood, Congratulations! The Arapahoe County Board of County Commissioners is very pleased to be able to award to the City of Englewood an Arapahoe County Open Space grant in the amount of $137,300 for the Belleview Park Pic11ic Shelter lmprovcme11ts proj e ct. The gra nt funds w ill be distributed to you upon the ex e cution o f an Interg overnm ental Agreement ("IGA") between the City of Englewood and Arapahoe County. T he IGA, w hich has been prepared by the County Attorney's Office, has been forward ed to your attorney along with a w ire transfer/check authorization fonn. As soon as your gov e rning body and /or authori zed official has approv e d, executed and returned the IGA to the County Attorney's Office, with the wire transfer/check a uthorization, the gr ant funds will be disbursed . Please contact Andrea Werft, Arapahoe County Sale s Tax Analys t, a t 303 -7 95-45 71 if yo u have qu esti o ns or c oncerns about the wire trans fe r o r ch eck. T h e grant fun d s mu st b e s p ent on th e p roject in th e m ann e r d escribed in yo ur application as well as in accordance w ith th e Arapahoe Co un ty O p en S pace Sales and Use Tax Resolution Number 030381 and the Grant IGA . If you have any questions regarding the use of these funds, please contact Bob Toll , Arapahoe County Open Space Manager, at 720-874-6725. We look forward to seeing your constituents and others enjoy the benefits of the B elleview Petri< Pic11 ic Sh elter lmprovem euts project. We can thank all the Arapahoe County voters for approving the Open Space Program in November of 2003 . Since~;z; 4, , Frank Wecldig ~ Chair Board of aunty Commissioners S U SAN HE(KM:\1'.' 01.<ltKI I IIM DYE U District 2 1:00 I \OC l(ENFEI.D Llis l rtr t .1 PAT NOONAN 01 .<tnct 1 r=R,\N I\ \•VE O D IG Ois l rkt S ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER ------ ABILLFOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR BELLEVIEW PARK PICNIC SHELTER IMPROVEMENTS BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Belleview Park Picnic Facilities project is part of the initial phase of implementation of the Englewood Park and Recreation Master Plan which was adopted in 2006; and WHEREAS, the existing Belleview pavilion is over thirty-five years old and will be replaced with a state of the art ADA accessible shelter and picnic amenities allowing for more users access to the park facility due to a larger shelter configuration; and WHEREAS, the City of Englewood applied and was awarded a 2007 Arapahoe County Open Space Program Grant; and WHEREAS, the passage of this Ordinance will authorize the acceptance of the Arapahoe County Grant for the Belleview Park Picnic Shelter Improvements Project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section l . The "Intergovernmental Agreement Regarding 2007 Grant of Arapahoe County Open Space Program Funds Project Name: Belleview Park Picnic Shelter Improvements", attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City C ouncil . Section 2. Pursuant to Article V, Section 40 , of the Englewood Home Ru le Charter, the City Council has determined that Exhibit A, attached to this Ordinance, shall not be published because of its size. A copy is available in the Office of the Englewood City Clerk. Section 3 . The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Introduced , read in full, and passed on first reading on the 17th day of September, 2007. Published as a Bill for an Ordinance on the 21 51 day of September, 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 17111 day of September, 2007. Loucrishia A. Ellis INTERGOVERNMENTAL AGREEMENT .REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BELLEVIEW PARK PICNIC SHELTER IMPROVEMENTS This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4, 2003 , the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No . 030381 ; and WHEREAS, Resolution No . 030381 authorizes the County to award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities and special districts, as more fully set forth therein; WHEREAS , on May 29, 2007 the County approved the Grantee's Project Application, which is attached hereto and incorporated by reference herein as Exhibit A, ("Project Application "), subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein ; WHEREAS, the County desires to enter into intergovernmental agreements, as a condition of grant approval, with such municipalities and special districts that have been approved for grants from the County; and WHEREAS , these intergovernmental agreements are authorized by Article XIV, Sect ion 18 of the Colorado Constitution and COLO. R.E v . STAT . § 29-1-203 . NOW , THEREFORE , the County and the Grantee agree as fo llo ws: I. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the amount not lo exceed$ 137 ,300 from the Arapahoe County Open Space , Parks and Trails Grant Program for the BELLEVIEW PARK PICNIC SHELTER IMPROVEMENTS ("G rant Project "). 2. Use of Grant Funds . The Grantee agrees that it shall only use the Grant Funds for the Grant Project , as set forth in Exhibit A. 3. Time For Use of Grant Funds . The Grantee agrees that such Grant Funds '-"Vill be expended by no later than one year from the date of this Agreement, unless a longer period of time is otherwise agreed to b the County in writing . A T T A C H M E N T 1 4 . Interest on Grant Funds . The Grantee further agrees that , after receipt of its Grant , the Grantee will use any interest earned on the Grant only for the Grant Project as set forth in its approved grant application. 5. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost ovemms on the Grant Project. Nor shall the County shall have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the amount of Grant Funds awarded by the County to the Grantee . 6 . Grant Project Site Visits. Upon 24 hours written notice to the Grantee , the Grantee agrees to allow the County to make site visits before , during , and/or at the completion of the Grant Project. 7. Acknowled1remcnt of County bv Grantee . The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the project and agrees to allow the County to do the same . If any events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes . 8 . Required Sien at Project Site . Grantee agrees to erect at least one sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program . The location , form , design , and wording of such sign shall be approved by the County. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is the earlier. 9. Report Requirements. On or before December 31, 2007 the Grantee agrees to provide the County with an annua l updated report that de sc ribes the amount of progress in completing the Grant Project , Grant Project milestones, and the use of the Grant Funds to date . Upon completion of the Grant Project, the Grantee also agrees to submit to the County a final report, including a letter that certifies what the Grant Funds have been used for and that the Grant Funds have been used in accordance with County Resolution No. 030381. In addition to the final report, Grantee shall also submit to the County a final project summary that discusses the Grant Project and includes photographs of the various stages of the Grant Project development , including a photograph of the Grant Project at the time of completion. The County shall be allowed to use the above; photographs in publications , public information updates, and on the County web site . The rnntee further agrees to provide the County with an electronic copy of the final rep rt and project summary along \\'ith digital photographs. 2 ( I 0 . Failure to Submit Required Reports . Upon written notice from the County 's Open Space Manager, informing the Grantee that it has failed to submit any required annual update repo11 and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Manager within thirty (30) days , and, if it fails lo do so , the Grantee shall be deemed to be in violation this Agreement. The Grantee shall be ineligible for any future Grant Funds , until and unless such reports have been submitted to the County 's Open Space Manager. 11. Record Keeping Requirements . The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents , papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years. 12 . Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and/or this Agreement , the County may require the Grantee to reimburse the County in the amount of such Grant Funds that are not used for the Grant Project. 13. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusi ve and are in addition to any other rights or remedies provided by law . 14 . No Wai ver of Rights . A waiver by either party to this Agreement of the breach of any t e rm or provision of this Agreement shall not operate or be construed as a \.vai ver of an y subsequent bre ach by either party . 15 . Chan Q.es to Grant Project. The Grantee agrees and understands that its Grant Project , once it h as bee n appro ved by the County, may not be changed w ithout the Co unty's p rior a pproval. C ha nges mu st be re quest e d in w ritin g and ma y n o t begi n until an amendment to t his Agreeme nt has been a pproved b y th e County . 16. Transfer of Interest in Grant Project. The Grantee understands and agrees that no land or interests acquired with the Grant Funds as part of the Grant Project may be sold , leased , traded, or otherwise con\'eyed, nor m ay an exclusi\'e license or permit on said land or int e rests be given. \vi th o ut prior ap p roval o f the Grantee's gO\·erni n g body after conducting a pub lic h eari n g. T h e Grantee further agrees if such sa le , lease , trade or conveyance is made or an exclusi\'e license or in terest has been given, the proceeds shall be deposited in an open space fund to be used for purposes consistent , ith Resolution No . 030381 . 17 . Relati o nship of the Parties . The Grantee shall perform all duties and obligations under thi Agreement as an independent contractor and shall not be deemed by ... ( virtue of this Agreement to have entered into any partnership , joint venture , emplo yer/emplo yee , or other relationship with the County . 18 . No Third Partv Beneficiaries . Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party , including , but not limited to, any agents or contractors of the Grantee. 19 . Severab ilitv . Should any one or more provisions of this Agreement be determined to be illegal or unenforceable , all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder . 20. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part , only by written agreement duly authorized and executed by the County and the Grantee . , 21 ~ Venue . Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure . 2 2. Notices . Notices , as referred to in this Agreement , shall be sent to: COUNTY : !TY : Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Attorney 5334 South Prince Street Littl e ton , Col orado 80166-0001 and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department 10730 East Briarwood Avenue, Suite 100 Centennial , Colorado 80112-3853 and Jerrell Black Director , Parks and Recreation Cit. of Englewood 1155 W. Oxford Ave . Eng lewood , CO 80110 4 ( 23. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado . 24. Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any , contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 25. Counterparts . This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications , resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes . 27 . Section Headin!!s. The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define , limit or describe the scope or intent of this Agreement. 28 . Si!!natures . The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities . ( IN WITNESS WHEREOF , the County and the Grantee have executed this Agreement as of the date set forth below. DA TED this 21st day of August, 2007 . ATTEST: By : ------------ City Clerk Loucrishia A. Ellis ATTEST: By : ___________ _ Nanc y A . Doty, Cl e rk to the Board GRANTEE : By: _____________ _ Name Title Olga Wolosyn Mayor COUNTY OF ARAPAHOE STATE OF COLORADO By : _____________ _ Bob Toll , Open Space Manager, Pursuant to Resolution # 070462 6 ( ( 2007 Exhibit A 2007 Arapahoe County Open Space Grant IGA f£8 'l 2 1001 I Open SpaC8, Pa!U end'fnjl; ARAPAHOE COUNTY Open Space, Parks, and Trails Grant Application Application Name: Project Name: Contact Information : City of Englewood Belleview Park Picnic Shelte r Improvements Gary Hultberg, Recreation Manager Department of Parks and Recreation 1155 W . Oxford Avenue , Englewood, CO 80110 303-762 .2684 ph, ghultberg@englewoodgov.org TABLE OF CONTENTS Section --= _, __ _ Part A . Contact and General Project Information Part D. Park Projects Part F. Detailed Project Narrative and Selection Criteria Part G. Budget Part H. Letters of Support Part I. Maps Arapahoe County Open Space , Parks and Trails Grant Application Page 2 of 15 Page Number Page 3 Page 6 Page 7 Page 10 Page 14 Page 11 Arapahoe County Open Space, Parks and Trails Grant Application Part A -CONTACT INFORMATION Project Type: XX Parks D Open Space D Trails D Other (please describe) Name of Project: Belleview Park Picnic Shelter Improvements Date: 2/20/07 APPLICANT INFORMATION Name and Address of Applicant and Primary Contact Person Gary Hultberg, Recreation Manager City of Englewood, Department of Parks and Recreation 1155 W.:.. Oxford Avenue, Englewood, CO 80110 Phone : 303.762.2682 Fax : 303 .762.2688 Email: ghultberg@englewoodgov.org Name and Address of Partners and Primary Contact Person : n/a Applicant Federal Employer ID Number (FEIN): 84-6000-583 Signature of Authorized Agent: I, Jerrell Black, Director of Parks and Recreation, hereby affirm that I am the authorized agent for the City of Englewood, which is applying for the grant as described herein, and that I am legally authorized on behalf of the City of Englewood to apply as its agent for this Arapahoe County Open Space , Parks, and Trails Grant. Signature of Authorized Agent GRANT REQUEST Amount Requested (round off figure to nearest $100): Total Project Cost Grant Request Matching Funds $228,000 $137,300 $ 90 ,700 • 40% Arapahoe County Open Space, Parks and Trails Grant Application Page 3 of 15 Belleview Park Picnic Shelter Improvements The City of Englewood park system has several forty year old picnic shelter facilities in need of red es ign and replacement. The Parks and Recreation Master Plan adopted in 2006 identifies replacement of these shelters as a top priority . This project will replace the Belleview Park shelter #1 with a state of the art ADA accessible shelter and picnic amenities to include : new recycled plastic picnic tables , heavy duty barbeque grills and trash cans . These upgrades will a llow more users access to the park facility due to the new shelter configuration . Replacing this shelter will also address ADA issues and reduce the City 's liability due to the deterioration of the forty year old shelter. B e lleview Park is the crown jewe l community park of th e City of Englewood . It is situated along the Big Ory Creek and trail system. Belleview Park amenities also include : Pirate 's Cove Family Aquatic Center , Belleview Children 's Farm , Lion 's Club Train , Englewood Canine Corral , three additional shelters , three restroom facilities , one lighted baseball /softball field , four tennis courts , one basketball court, two playgrounds, two horseshoe pits and native walking trails . Access to the shelter is available by parking lots on South Inca Street and Belleview Avenue and the Big Dry Cre ek trail system . PHOTOGRAPHS ........ I i Ull p •n Sp c , Parf.. .Jn r rls Grant A l1ca tron f ) J .; Belleview Park existing shelter ~·. ; Belleview Park preferred new shelter design Arap h Pa Co unty Op en Spa ce , Parks and Trails Grant Application r:. o f 15 ) PROJECT LOCATION INFORMATION City/District: Section/Township/Range: County Commissioner District #: LAND OWNERSHIP Name of Landowner: City of Englewood 2077-09-4-00-015/5S/68W 1 , Susan Beckman City of Englewood Evidence of ownership or easements for trail corridor/conservation easements: D Enclosed X Will forward if requested D Not yet available (Explain) Part D -PARK PROJECTS PROJECT INFORMATION D Neighborhood Park D Sports Fields X Picnic Facilities D Other _________ o_ Other ________ _ D Part of a larger Open Space or Park project PARKS ACQUISITION Gross Acreage : Pro xi mity to existing Open Space or Parks (miles): Centennial Park Englewood Golf Course Jason Park Duncan Park .5 miles .75 miles .5 miles .7 miles Arapahoe County Open Space , Parks and Traiis Grant Application Page 6 of 15 D Park Expansion Part F -DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA 1. Project Description 30 Points A. Please discuss how this project preserves, improves, or restores urban or rural open space, natural areas, agricultural and ranch lands, vistas, ridgelines, floodplains, or wetlands. Not applicable to this project. B. Please discuss how this project will serve to protect water quality in rivers, lakes, and streams. Not applicable to this project. C. Park Lands. The City of Englewood developed a Parks and Recreation Master Plan in September of 2006, which was subsequently endorsed by Englewood City Council in November 2006. This Plan is the guiding document for the future of the City as it relates to parks, trails and recreation within the City. The Plan began in August of 2005 with a Technical Advisory Committee comprised of representatives from the City of Englewood and the Plan consultants. There were also multiple interviews with park user groups, two public open houses and a comprehensive survey to tne citizens of Englewood. The Plan recognized a number of broad and ambitious goals, all of which are intended to enhance the recreational needs of the community. One of the specific goals of the Plan is to update the features in existing parks. Belleview Park is Englewood's most popular community park containing 36 acres and multiple amenities for park users to enjoy. In 2006, the City of Englewood had 97 reservations for Belleview Shelter #1, serving 6,713 people . This represents over half of the shelter reservations for the 2006 Belleview Park shelter rentals . Shelter users come from all over the metro area with a majority residing in Arapahoe County . One of the most beloved activities at Belleview Park occurs on the 4th of July . A cooperative effort between the City of Englewood, City of Littleton and South Suburban Parks and Recreation District organizes an annual celebration with numerous fun activities, music, food and a magnificent fireworks display. Due to the extreme demand of this shelter, demolition and construction will occur winter/spring 2007, 2008 in time to open for the 2008 reservation season. Belleview Park is one of three community parks in Englewood's parks, trails and open space system . Seven neighborhood parks, three pocket parks , two natural areas, two sport complexes and four recreation facilities complete the park system . D. Trails. Not applicable to this project. E. Wildlife Habitat and movement corridors. Not applicable to this project. F . Historic Sites Not applicable to this project. Arapahoe County Open Space , Parks and Trails Grant Application Page 7 of 15 2. County and Community Benefits 20 Point• Replacement of Belleview Shelter #1 will benefit the entire region . Belleview Park , with its many attractions and amenities is a destination for families in the south metro area . Increasing the capacity of picnic shelters while addressing current safety and ADA Issues will Improve the park substantially. Shelter #1 is the highest priority for replacement due to Its high demand and serious flaws. Poor design reduces its effectiveness in accommodating large groups . Brick walls obstruct parental observation of playground and police patrol effectiveness in observing shelter patrons activities. The structure currently accommodates 150 people. The new shelter will hold 240, increasing the capacity by 60%. The new shelter design will not only allow for larger groups that we are currently turning away, but will also accommodate smaller multiple groups. The shelter provides trail connection and easy access to tennis courts , basketball court, horseshoe pits, two age specific playgrounds, the Belleview Children's Farm, Lion's Club Train, Big Dry Creek Trail and Pirate's Cove Family Aquatic Center. 3. Planning and Design 15 Points The project will be developed , designed and built with the assistance of a professional architecUengineer. Mark Kottwitz, Parks Supervisor, will be the Project Manager. The Parks and Recreation Department will manage and maintain the shelter. Currently, $3,160 per acre is spent annually maintaining the park system. The City 's Parks and Recreation Master Plan states that Belleview Park is Englewood 's most popular park and the crown jewel within the park system . Consequently, City officials have identified Belleview Park as a high priority to receive the recommended Master Plan improvements. Because this site is located on a hill, erosion control silt fencing will be used during construction . Construction signage will be posted surrounding the area and information about the project will be posted on the City's website . The user's impact will be minim ized due to the timing of the construction. Most shelter reservations are between Memorial Day and Labor Day. • Project Timeline : Construction Documents Complete : Bid Project: Award Bids : Shelter Demolition Shelter Construction Install Tables , BBQ Grills Signage , Trash Cans , etc . September 2007 October 2007 December 2007 January 2008 February-March 2008 April 2008 4 . Partnerships 25 Points In 2006 , Belleview Park Shelter #1 accommodated 97 group reservations; serving a total of 6,713 individuals . Many diverse groups including scouts, schools, day cares, churches, service clubs in addition to private parties and family outings take advantage of the shelter and its picnic facilities . Letters of Support include Englewood Schools and the Englewood Parks and Recreation Commission . Belleview Park is contiguous to Progress and Cornerstone Parks operated by South Suburban Parks and Recreation District. The three parks and their many amenities compliment one another and create a regional park facility . Cooperative Park planning between South Suburban and Englewood has evolved to include partnerships in facility marketing, recreation programming and a shared admission fee structure benefiting residents of Englewood and the District. Arapahoe County Open Space, Parks and Trails Grant Application Page 8 of 15 5. Long-term Maintenance 15 Points The City of Englewood Department of Parks and Recreation will be responsible for the maintenance of the new picnic shelter and amenities . The new shelter design will improve supervision, therefore , reducing vandalism . Shelter amenities will make use of recycled materials (picnic tables) that are graffiti resistant. Park shelters are cleaned daily and prior to each scheduled reservation . Maintenance includes power washing concrete, graffiti removal , table and barbeque cleaning and trash removal . 6. Connectivity 15 Points Belleview Shelter #1 is located In the southeast corner of the park surrounded by playgrounds, athletic facilities and many more popular park amenities . Big Dry Creek Trail passes through Belleview Park just 200 feet west of the shelter. Big Dry Creek Trail travels southeast connecting Progress Park under Belleview Avenue and continuing to Broadway. Eventually Big Dry Creek Trail will connect to the High Line Canal Trail. Traveling northwest , Big Dry Creek Trail connects to the Mary Carter Greenway. Arapahoe County Open Space , Parks and Trails Grant Application Page 9 of 15 Part G -BUDGET Sources of Funds Date Grant Request Cash Match In-Kind Match Arapahoe County Open Space 2/23/07 $137,280 Parks and Trails Grant City of Englewood 7107 $90,720 Totals $137,280 $90,720 Uses of Funds Date Grant Request Cash Match In-Kind Match Design ArchitecUEngineer 9/07 $20,000 Construction w/ Concrete Pad 2 ,3/08 $50,000 One Shelter (50 ' x 72 ') 3/08 16,280 70,720 Demolition of Current Shelter 1/08 30,000 Electrical 3/08 10,000 Tables 4/08 27,000 BBQ Grills 4/08 1,400 Trash Cans 4/08 1,400 Required signage acknowledg ing At completion $600 required grant from Arapahoe County OSPT of project budaetexoense Totals $137,280 $90 ,720 TOTAL PROJECT COSTS: $228,000 Signature · ~r;;-.-H~ Date: 2/20/07 Title : Manager of Recreation Arapahoe County Open Space , Parks and Trails Grant Application Page 10 of 15 'C.7 Totals $137,280 90,720 $228,000 Totals $20,000 50 ,000 87,000 30,000 10,000 27,000 1,400 1,400 $600 required budget expense $228,000 EnglE~V./<f)d Sr,hn(l l. A S1ep A heod Cx . Jor.ies rv1cCobe 5u:::>,e>r ·,....~eroe:·:-c.t Schools Ara pahoe County Open Spa ce. Parks anc.J Trail , ..-\(h 1<;n ry 8u;1rd 51~4 S out h Price Street Littleton, CO 80.166 Dea r Advi so ry Boa rd ~c mb..:r-;. " ra m pleased to write this let te1 o . upp ort !or th e 'it y of En~lewood 's Bell ev 1cw Park gra nt ;,pplica tion . I repre ent En clew d c hoo l Early C'hi Id hood Ed u c ation P rogr af'l (ECE). We have e n.10 , cl w;11 g park f:1 ·il1 tics fm the past I::; yea r s. Eac h spring ECE staff host a pi ·111 · for Ir ('1100 1 ·hilJrcn an d 1ln1 f;1mil 1l'~ Wt: always re ser ve the p;1vilion at In ·a :111cl lk llc:\·1e\\ hl.!c1u~c 1t ll1Cl'I. c ur need~ so well. ft is adjacent to a fe nce d pl:1y arra !'or s mall ·hildrcn ;111J c lo,l' l o a l:ir gt'I'. more hallenging p lay area fc,r t Id e r bro t her. and 1Sll'r'i W ha, c 110 111.:cd ov r th 1..:;.ir . that the o lc.J bri c k pavilion h n-;; decayed . Rep lacement\\ 1th 111.:\\ ·1ms1r 1 ·tH111 wo ul d he a huge im pro ve ment from a afcty :md ae ·thct1<: point 1>1 \ II.'\\ W i th c1 gran t fr 111 rapahoe Cou nty , t his needed rcn0\·at1on ould m \ C' f I'\\ .11 d arn1 lie . an d nrga111za11011s who e nj oy usi n g this hca ut,ful park \\ill he11cf1t lrom th l.!·c 1111µrmement Thank you for ·rnNdC'11t1l! th , . r:1111 1rqul'st . .. ·.J:~r> ... , ' t I ' ,i. , ,· \ 1:tnh.1 Ro •c 1 ~ f.rnil~ c1,1rc . l1 u\Hlc l :r ~I ·\\nod " ·h HI, F:11 I~ C'htl ll 111KI f· lu ·a11on Prngra 11 l\~il:' • or: 303-61 7050 • ~a JJ3-8(l, 2ooe C T y 0 F E N G L E W 0 P ARKS AN D R ECR EAT I O"-.' C OM MISSION Open Space, Parks and Trails Advisory Board 5334 S . Prince Street Littleton, CO 80166 Dear Board Members, FE B 5 200 7 0 Tl)e City of Englewood Parks and Recreation Commission is writing in support of the -City's application for Arapahoe County Open Space grant support. The Belleview Park Picnic Facilities project is part of the initial phase of implementation of the City's Park and Recreation Master Plan . Developed and adopted in 2006, the Master Plan identified the need to replace many aging park picnic pavilions. The existing structures are over 35 years old and have out lived their effectiveness as picnic facilities. The Commission has identified our flagship park , Bellevi ew, as having the greatest need for picnic shelter demolition , redesign and replacement . Belleview Park is extremely popular for large group picnics with 201 group reserv ations in 2006 accommodating more than 12,000 individuals . We are presently reviewing shelter designs and are anticipating with County grant support a first class picnic facility for Belleview Park being completed in 2007 . Thank you for your consideration. Sincerely, ~~ -~ -/ '; ~ -:. .._, I ·__:;:::_~ ~. • Austin Gon1es Chairperson D ,,,1c E, ~le, od fl' on .:OF'62-:!680 F, 303-762-2 688 -·-----·' I I ,n -,··,, .• r ,, '' M '.,·~ ~/ r l~ .. J " ..... ,• , ...... ~~.r · 1'·-···--.. ·-·-·"·••o ~ ,.. __ ......,_ ~ ij L,.-.. ·"· ·" ,JJ I ...... --···· .,. / Arapahoe 1 County ,-· • ·-· .• ,. Admln . Bi r .... L -· LITTLETON BLVD --. I LITTLETON I ··," ·· '"·-· '·-·· BELLEV/EWAVE r L-·.··· ··.,,." ·;-· :-:.-·. -c ··,. ·•-;a.-:.··"""'-·-... -.• -::-.. -···-.,,··-·····••r·~······-··· l:. r. ·t , --- · ... \ .. 'i .. , _ ( l"t '•\ ·, ., t1 GREEN WOO D . VILLAGE \·-·-· .. _,,. .. --, ··· r . .._ , I City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Belleview Park: Picnic Pavilion Improvements Project Vicinity Map with Driving Route LEGEND -Belleview Park Driving Route I~\'·:: Englewood Parks and Open Space c::J Arapahoe Coun t y Boundary -Major Highways ~·=· Arterial and Collector Streets Febru ary 2 00 7 Drivin g Directions from A rapahoe County A dmin . Bldg.: Take Prince St. north to Santa Fe Dr. Merge onto north -bound Santa Fe Dr. Exit Santa Fe Drive onto east-bound Belleview Ave. Turn left at Inca Dr. Park in lot immediately to your left . 0 0.5 1 1.5 Mil .··~ . ., ' , .. City of Englewood/ Colorado 2007 Arapahoe Cou nty ()pe n Space/ Parks/ and Trail s Grant Application BP llevh•w Park: Pi cn ic Pa\1ilion lmpro\1emcnts ProjC'ct Sit e Plan and Topograph y r\1ap ,, I 0 0 0 0 • 0 0 0 CJ LEGEND P ic n ic Pa 11li on Ten n is Cou · So ft all D ia 1ond Playg round Bas ~et II Cour t ce i~ sle Chil F c=, ·, 1 P ir te's 0'<2 B1 D c .-l; T r.-1!1 T poc r, µ 11c,1I ,()I),) li' ,'l· '-, Bi Dr C'L'lJ, 8 011• 'I'\ P,lJ" ,)d'll 1:· l' I) ) , ill ://1 J / t 't •/ ill City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Belleview Park: Picnic Pavillion /1nprovements Project Street Map with Driving Route LEGEND -Driving Route c::J Belle v iew Park Boundary Februarv 20U7 Driving Directi ons from Arapah oe Count Admin . Bl g.: Take Prin ce St. north to Santa Fe Dr . Merge onto north -bou nd Santa Fe Dr. Exit Santa Fe Drive on to east -bound B lleview Av e . Tu rn left c1l i11cc1 Dr. Pa rk in lot immediately to your left . 0 -oo 1,000 1,500 COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 1 7, 2007 11 a iii Acceptance of Justice Assistance Grant Initiated By: Staff Source: Safety Services Commander John Collins COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Department of Safety Services, Police Division is recommending that City Council adopt a Bill for an Ordinance authorizing and approving the acceptance of the Justice Assistance Grant, Award Number 2007-DK-BX-0132 , in the amount of $21,756. The Justice Assistance Grant is a non- matching grant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Department of Safety Services, Police Division, requested funding for the replacement of computers within the Detective Bureau . The intent is to purchase laptop computers that would allow detectives portability at crime scenes . Historically, detectives would return to the police department to complete investigative reports such as search warrants. Laptop computers wi ll allow detectives to complete their duties on scene. The laptops will replace current detective desktop computers. This grant will provide funding for these computers that would likely not have otherwise been available in the 2008 budget. The Police Division is working on this project in collaboration with the IT department. FINANCIAL IMPACT The initial cost estimate to replace the desktops with laptop computers is $27,600. The Police Division will either cover the overage within its respective budget or limit the purchase to closely meet the grant award. LIST OF ATTACHMENTS Bill for an Ordinance Grant Award and Requirements ORDINANCE NO . SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF "THE JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD AND THE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF LAPTOP COMPUTERS. WHEREAS, the Englewood Department of Safety Services requested funding which will be used to purchase laptop computers for detectives; and WHEREAS, these laptop computers will replace desktop computers to allow detectives to complete their duties on scene; and WHEREAS, the Justice Assistance Grant is a non-matching grant; and WHEREAS, the City of Englewood submitted an application and has been awarded a grant in the amount of Twenty-one Thousand Seven Hundred Fifty-six Dollars ($21 ,756). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado , hereby authorizes the acceptance of the Justice Assistance Grant from the Justice Assistance Grant Program to the City of Englewood, which Justice Assistance Grant is attached hereto as Exhibit A. Section 2. The City Manager is authorized to execute said Intergovernmental Grant titled "The Justice Assistance Grant" for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of September, 2007 . Published as a Bill for an Ordinance on the 21 •1 day of September, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- 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 17th day of September, 2007 . Loucrishia A. Ellis -2- . 2007/SEP /10/MON 15 :43 • Ofllce of Ju,lioe Progmna A111111t 21, 2007 Mr. G9I)' Seara City of!!qlcwood 1000 !lllf•wood Pldcway Eqlewood, CO 10110-2373 Dear Mr. Sears: Dtp1rtmat of JQ!fu Office of JUICioe Prvpu11 "'•'*"-D.C. 10"1 On bebalf of AIIIOIDIY Genll'II AlbanD Oom:al ... it ii my pleuut9 to labJIJ you !bat the Offica or 1uaice Program1 IIII lppnlVld ,-applicalion for flmdlns llllN' hi FY 07 Edward Byrne Memorial J'\ISlloe Alslltanoe Omit (JAG) Propam ill lhe amo11111 ofl21,756 for City ofl!qlewood. Bnoloted you will find Ille Omit Award and Special Collditioaa docameall. Tllil award II 1111bjeot ro alt admllllltntlw ad floanalal n,qauemtn11, lllcludlDg 111c dmcly ntmn.lOD of an fiuuoill and procrmmatic rapcnta, reaohatioa of all illllrim llldlt filldlap, 111d Cha maintliMnco of a minimum level of cuh-on-haud. 9bould you not adhere to dwe requi..-1a, you Wl'tl be in violatloa or Iba 1111m1 of lhl• qreeJllflllt and tlae IWlfd will lie ,abject u, ~11 for aama or otller ldmialarlllvt aetlon • lll'PfOPII*. ' tf' 7°" laa\le queeelon, IIPIIBll8 tbla award, pl-CODtact: -Pqrlm QIMl1lom, Loretta Behm, Propam MIDapr at (202) 616-S878; and • l'illancill Qlllldooa. 1ba otl!oe of1he Comptrollw, CUIIOmer Sf1Vioe Ceneer (CSC) at (800) 458-0786, or )'OIi may 0011ract du, CSC at ak.oc@uadoj,&QV, Coqramllltiona, 111d we look to,,.ant ro woddai witil you. Sincenly, {).li----o Domillco S. Htmlz Direoelor, Bwau or 1-tiaa Aailtanct Bncloaura P. 002 c( I , 2007 /SEP /10/MON 15: 43 • DwpllnllMlll or 1'llltoe omce or Jacloe Propma Bureau of Justice Asllltanee 12. IPIICW. COHD!ltotal ' PAOI I OP S Grant 10/Ql/lOCN TO OMCIIJOIO JUPGSI' PU.tQD, HON IO/Ql/3006 TO 09/J0/2010 II. AWA&D DA'rll Ol/2ll2007 1,ACTIDN L IUPtUMIINTNUMlll!ll 00 P. PUVIOUI AWAMJ AMOUNT 10,AMO'l.ll'ITOP'OnSAWARD II, TOTALAW.ui> 1111111 so 121,,~ 'IDAIDvaOUNTn.oJ8C1' IJ Al'ROV!O SUBJECT TO stlCHCONl>mONI OllLIMlTATIONI Al AU DTPOl.111 ON TRE A.TTAanlD PA<Jll(I). IJ , STA~Y Al111IOlln" POk oaAN1' Tliiap•Jtotll lllWOIIN adlr~ U.S.C. J7'1(o) (JUA. J4G P-,.) U. M!TIIOD OJI PAYMl!NT •APU AOIINCY AfftOVAL ,., TYJIIDNAIG AND fflL8 Of APPllOVINO OmaAL DoadlllD s. llomil ~ .. -.,,...~ 17.IIGNATtUOPAPnOVINGOPPICIAl. {).li----o 20. ACOOUNTIMO a.,.IIIFICA TJOtl C00U PISCAL PUMD aUD. DIV. YIM COOi Acr. OfC. Jt50. Iva. l'ONI AMOUtlT X • DJ IO 00 00 OJI' POaM410t/2 (UV. J-n) PUVIOUI IDfflONI AU 09IOL&TL .. -. mANJ'&IAOCliPTANCI II, TYnll NAldJI AND 1Tl'U OP AtmlDIIIZBD OkAN1'II ClfPlaAL <llr)'Scm Cilr Mlllllr P. 003 2007/SEP/10/MON 15:43 • Dapatmanc or 1*dcc Oftloe of 1llldoe Propaa Banau of Jutice Alllnuu AWARD CONTINUATION S1IEET Grant SPl!CIAL CONDITIONS \ PAGI :l b, J 1. 'l1ie rOllipleat iier-to oompl, "Vilh the ftUlllaid -4 lllmiaiatnllw NqUIUll&I Nt !or1h Ill !he caaeat edi1ion of the Office of 1'aalca Pn1p1D1 (OJP) Finulcill Quick. 2. The r9Clipllftt IOlcnowled&el lllat afhn co aubmk m .-pmble EqaaJ Employmeat OppOt'lllllky Plln (trnclpllllt I, reqailed to lllllmit oae pammt lo 28 C.F .ll Seotioa 42.302), tbat la eppnmd by 1211 Oftlce for Ctvt1 Rlsbla, ii a vlolllloa of Ill Oirtlled ~ ud may IWlllt ill Mapllllllon or tamlnatlan of flmdlDa, lllltl11111Ch time u die JWDipllat ii la complillloe. l, 'llaereclpient aar-co comply whh lbc orpnlatlonaludltreqaircmeob ofOMB Ciroulw A·133, Audits ofStacaa, Looal OCMnamm,ta, 1Dtl Non-Profit Orpnl2:adolll, u fanller dlmlW hi d,c cum#~ of the OJP Filllnc:ill Ollide, Clnpls 19. 4. ltealpimt'lllldea...ta lllcl aare• dlalltOQDOt-any fede,al ~. eitlaer directly or indincdy, in mpponofcbc euocmear. rapaaL modlflaetion or adoptioll of any law, 11111!1tlon or pollay, at an)' level of 90.._r, without die c:xpraa prior wrilfll:II approVll of OJP. ~-11ie ..--...... to 1Di1t BIA In oom.plyfua rib die Nltloaal Eaviroamatl1 Polley Act (NBPA) 111d olbw relMcd . r-.1 BIIYirolllMldal illlpaot·..i,,. requi11men11 ill die• of ltlele II* bldl, eltblr dlJwotly t,y tbe ..... or by , lablffllllN. Accontingly, prior IO obllpdas pllll ftuula, die arantee qm, lo tint de1ennine if lllY oflbl follcl,viq udvitf• will be nlall!d IO lht use of die put tlmda. The grmi111 ....dc:ama• diet Ibis apecia1 CODdilioa applies to ta fo~ new ~ whelblr ot aot dley ue beia& &peeHlcaDy 1'mMd whh dllP pnt flmda. Tlllt ta, u-, u tbe WMty ia beiaa OClllduclled by lbe pmlN, , lllbpallle, Of -,, lldrd plltY 111d tilt aodvlty Deeds 10 be UJlderabG bk or.!8l to -tlllll8 pt t\mda, this special CODdiliclll lll1llt tint be 1111'-The~ oo-nnd by tbil ip9llill cmditlon ue: L New COIIIINalioll; b. MIDor IIIIOYltiall «~of a prGpC'Y llaltl' <•> lillld on or ellpble fbr ll9dq OIi lbe Nlltiollll ....... of HillDlic Pllca or (b) looltld widma , 1oa-,.r flood plaill; o. A reo,,adoa, ,-., or •Y JIIOPONd-of a buildfn& or &cllky llllt wlD ...._ (a) naalt In a clianF In Ill NIie prior .. ar(b) ~ollap I• 1118; and, d. wpim-Wian of anBW plOltllD lll¥OMq 11111119 of olMmlolll odler itm ob-1cu dial .. (a) ,.....t • • iacidealal C01llpONlt of a fllndld ICllvity aad {'b) tmitiaully med, b Cllllllple, in oftice, holllebold, recN"-1, or ..s-doa IIIYDQQIIIIIIII. Appllcmoa of'l'liia Special COlldilioa IO ar.n.•, Bxl,dq ~ or AotiTttier. For 1111 oftb, ....-·, or Ill 1Ub1J1111W alsdq prognm, or ldlvltl• tut win be t1m11e• by lhftl: llllll tilndt, die .,.-. "'°" ,pecirio r&q1111t !oai BJA. ..-co ooopaue wtlll BIA ia lD)'prlpllldon by BIA oh aad-1 arp,opll) ~mtal --t ollbat lad9d ,rosnm or ladvtff. P. 004 2007 /SEP /!O/MON 15:44 • Dcpu1111e11t of JUlioe omc, of IUldo. Ptopme Bureau of Justice Al111tance Pll016CT NUMBD. 2007-l>.I-IX.OU2 AWARD CONTINUATION SHEET Grant AWAID l>ATB Ollllll007 SPECIAL CONDl1'IONS PAGB J OP ~ 6. Thie apecial condition factlllacu compUUICII with die l'{OViliona of the NatiODal Bllvlronmaital Polley Aci (Nlil'A) relatiq to clandestine methamphet.mine laboratory operatioas, lncludlll& Che ldelltlticalion, ,ei:iure. or cloauR of dllldstlne metbamphetmline labomoria [hcmnaflcr, "mctb lab opcmions"]. No monies from Ibis award may be obUpled IO eupport metb lab opetatiom unlea: the 8flllllie lmplemen11 lhll special condition . The Office of JUICio. PrognlDI (OlP), in con1ultation with the Bureau of Juslice Assistance. die D1111 Enf'orcemmit Admhllatratlon, and the Oflic.e for Community Ortcnlld Pollelng Savlccs, prcplll'Cd a Prosnm-level Eavironmental A1Nm111111 (AllffllMIII) aovemfq melh lab oper.tiona. The Aaelament descrlbee lht 9dvene envlflmJllenlll, health, 1111d a&t, imptctl Wcely to be enco1111tertd by law ea1forcement agencl• u they impl-t apeejfie M:tlons under !heir medlamphmmlne laborallory opcratlcma . Conailtent with die Ammneut, the f'ollowm, tcmJa uid ocmdltiON mil apply to the lfllllee ror any 011' ftmded metblab operatfona : A. The pant= lbaU eN11re complilnoo by 01P !anded 111b·11'11llmee with federal, atate , aad local en..itonmental, • beallh, lllcl ..Cety lawa and regulatioue applicable to metb lab operations, to include the di,posal of the chemicals, equipmmt, Uld wutel rvullill& rrom those opmdona. Jt The IJlUl!ee ahall haw a Mitigation Plan in place thal idaltifiu and documeoll the proceues and points of uco1111tability wtlhln iu llltt. Thi, plan wJ1I be uaed to 8Qlln that the adverse 111vironmental, hulth, and llflty impacta clelinmted ill the ~I an mltiplld In 111\1111111' OOIIAllalt "1th tbe ~ ofthil coadition. C. The pnllle eb•ll lllonitor OJP t\inded med! lab operadanl to cnsun lhlt d!ey comply wltll the followiog nine mitiaation mtMWU klmlilkd In die Aa,..,maut and wlloee lmpl111119111atioa I• addreaed ill the aramee·s Mitiption Plan. 'n1c,e mitigation uicuurea 111\dt be included u lpecial conditions la all wbpnll: (See Part n oflllie epeaial condition) 7. l. Provide medioll soreclq ofpanonnel uaiped orto be Uli111ed by Ille lf'lllt•• to !ti. Mlzure or elosure or c:luideadDe ~ laboRtories ; 2. Provide ~do-1 Sa(My .t H•lth Admmiscration (OSHA) required illitial and rduber ll'lilling for law enfornm•t oftidlll md Ill otblr penanDBI u liped IO tidier die ,alzlrn or clo sure of clandeatine Glelhlllllphelunine leboralories ; l . A, demrmined by their specified duliH, aqlllp die pawon11&l wldi OSHA rcquimi prollcdive weer 1111d otbcr reqwred 11t.ly "l\llprDenc; 4. Aui,n pn,perly ltlined perlOlllltl IIO Pl'PII'• 1 oompnblllll"' coallminatio11 report on aoh HiDd/clONd labomory ; .5 . Utilize ctutli fied disposal perso1111el to remove all ehanlcals and 1110cl llld gl.....,are, eq,aiplnent, 1Dd contaminated mataiall and wua. ftQD\ the litll(•) of•ch sued laboratory ; 6. Diapose of the cliemicall , equipment, 111d oonlal1linlMd mareria ls and --. at properly liClllled ctilpol1l flciliti es or, 'MICII al lowable, 11t property ll CCNCd ra:yclina llacilitiea ; 7. Mooltor the trllllpOrt, cli,po aal , and rteycllac oompoaenu of~ numbered,. and 6. hJlllledialely above 111 order IIO _.. prop.-comptiallce; 8. Have ill place aad illlplement a written apenat.llt with lbc raponsiblc ..-llll.vironmeDtal ..-,y. Thif a,n,ement IIIU8t provide !bat the raapo1111ble IDie eovi,olllftfttlll apncy 18*' 11D (i) timely evalUMI die 11\VV'CIIIIMIIIII condidon 11t and llnllllMI 1111 llite ofa clOMd clllldlldae laboratory and (ti) ooordl11111 wlt11 die raepolllible puty, Jl('OPllttY __., or ott.l to ~ that ~ rmidual contlmin&lloa la telllediattd, I( dattrmllltd naoe,ary by lht •• anviroNIMllcal apncy ud ill lOCOl'dance with 11ti1Ung 11* and fldcrll raq11~ ad 9. Have m pa-and lnlplea,erlt I written aar-t with lb NlpOIISible ltlill or local sll'Ylce ..-cl• eo J)IOJ)'ey rwpOlld to Ill)' minor, u dlllMd by 1tuc law, at die 011. Thlt .-mant muat -w,r ~ r-,oaae by qllllititd ~ who can (i) reapond to the potelltilJ health needs of uy millor at tlle sit.; (II) Ilka diet mm Imo proi.odvw custody ualUI tlM minor is crilnlnally Involved ill th• matll lab ldivltl• or II IUbject to .,... fbr otlier aillliaal vlolatl011'; (iiO _..,. immediate medical «-tin& for malllapUClmlM ioxlclty ; and (Iv) lffll!IP tor UI)' ~11ow..., llledicll tests , examln&liona, or haallh .-. made n-uy a, a re.ult of melbamphetlndnt toxicib', P. 005 2007 /SEP /!O/MO N 15:44 • DqJartment of luftice Office of Jl!ltic:c Programs Bureau of .Justice A..liltaace AWARD CONTINUATION SHEET Grant A. W A)J) DA Tl! Oll2&l2CI07 SPEC/AL CONDITIONS PA.GE 4 OF S I. n. Mpimt a.-to submit to BJA for rnlcw and approval ny c:unicula, traiuiq materials, or In.)' other writtai Ulllviala tlw will be publllhed, lnchldmg web-b-4 -leti1ll lDCI web she COIINlllt, lllrough ibnda from this grant It !tut thirty (30) warlciq dayl prior to the llrJel9d diaeminatfOD dam. 9. To avoid dllplicatlna eitlltlq llltNOdcl or IT l}'INDII many laitiative& 6mded 'by BIA for law anfcm:ancot lnformat!Oll ahlrina ')'Item, which iuvolva intentatm coanectivity betweenJQrlldlodon, 911oh 9)'lteml el,all employ, to tile mtteat poalblc, Cldltln1 JldWOrks u the communicalion backbone ta ac,bicv,, inhntate CODDeCUvky, unlm tht pantae cau dlllllOllllrlle IO Ille llli,~ of BJ A that this requ irement would not be cosc dl.cdw or W011ld impair the funocionality of an existin1 or propoaed IT l)'flem, t O. To ,upport public ,atety and justice informalion sharing. OJP requlrca the pntcc to 'IIIC the National I11!om111icm Excbanp Model (NIEM) apeclftcadom Ad guldetinee for thi1 puticulu arazu, Orantee 9hal1 publleh and make available without rcmctioa all 1eheu1M eeaen,ted u I l'Ulllt oflbll grant to the~ reptry u IJ*iBed III lhe pdeliaM . For more lnfbnnldon OI\ compUaicc with 1h11 special c:onditiOII, visit hap:/lwww.nlom .gov/iaipllllllenll1icmpide.pbp. 11. Tbc nclplmt ii required ID catablilh I lnllt fund ICCOlllll (Tbo tNst fund may or DIil)' not be an intere.st-beario& IICCOllllt.) The lllnlt may DOI~ uaad to pay deb111 incumd by other activiti• beyond !ht scope of the Edwvd Byrne Memorial Ju,tice Allia1uce Onnt Plol!'IIII (/AO). The raclpl8111 allo air-to oblipte 111d expend lbe lfllll fullds in tile ll'\llt filnd (ind\ldiq UI)' mbn9l mmed) durin& the~ of die O'lftt. Grant fundl (incluclina any iJl1leiwt nmed) DOt expended by the end cf the grant period must be murucd to the Bureau of .ru.tice Auistanoe no Illa' than 90 days lftlr Ille 111d oftlle pat period, alC111g with the fillal Nbmiaion ofth• Financial si.1111 llcport (S.--269). 12. The gnnac apca to comply witb all reponiq. data coDedion and evaluation requirement., u preacn'bed by the BJA m tbe prupam pidlmce for dM 1lllliee Anlt1111oc Orant (1AO). Coaipliance witb lhcle requiremeDIS will be monitored 'by BJA. 13. 1'111 NCipltet 1119W tlm 1111,)' ln1bnualioo technology syaem fillldad or suJ!Pllfflld by OJP fand, will comply with 28 C.F .IL Put 23, Crimln&l IallllqeDce Sy11a111 OpRdq Poliel.-. If OJP decmnarins this repla!iOll to be applicable . Should OJP decm:mino 28 C.F .R.. Part 23 to be applicable, OJP may , 11 Ill dilmdon, parfonn nditl of the~.• pc, 21 C.F .Jl 23 .lO(a). Sbould my violation of 28 C.F .lt Part 23 occur, tbc r=pieat may be fllled II p« 42 U.S .C. 3719t(e)o(d), R1elplct may not•'>' .,ic,h • fine witb federal ftllldl . 14. T1w rec:ipicnt qreca that aD income pietated II a direct result of tbiJ IWard shall be deeznad propwm inl:icne. All propmn ~ llllllt bl ICCOlllllad tbr and lllcd for tbe ~ under tbc conditions applicable filr the 111e of fuDds lllldlr Gu rtttard, IDD!lllliq tbe eftlNdw edition of Iba OJP F~ OUidt 111d, u appllc1bla, eilbar (1) U C.P .lt. part 66 or (2) 21 c.1.R pvt 70 aad 0MB Circular A· t I 0. Furtbef. the 11111 af prosr-income llllllt be t lloWII OIi tilt qartvly Flnndal !katul Report, SF2 69 . 1 S. Tbe 111cipi111t asree, to wve !bat the Stat. Jnformldon TeollnoloaY Pomr ofColltact recalvw written oaliftoatloo reprdiq ID)' inrvnnlliotl lllOhDology projeot f\aaded by tu 1J1111t duriilc the obliption 111d aiq,eedillln period. Thi, ia to faol.litale COlftJINllication unona local 111d '1111 &OYWmllllllll acidel Npl'dlna varioua INbnutiOD IICIIDo(Dlf projecta '"'111 eoadllolN wlttl ti.a pat t\lnda. In addition, die nolpimt ...-to IIIIUIUl an ldlmailnliYe 111 do1111111W1li11C the Mtetin& of dlla requirement. For a lilt of SC.. tn!ormati011 TeahnolOI)' Polnta of Contact, ao ID brr:p :/lwww .ojp.llldoJ.gov/ld1taa.htm . 16 . Cira•..-to oomply with die~ of 21 C.J'.R.. Pllt ~ 111d Ill omoe of 1llltlOt Propwm1 po ltcNI 111d procedures ~ tbe Pf'*ctica ofhumlll ~ 111bject1, iocludiiag oblaiameat of lutitutioial R.view loud approval , if appl'Opriata, and aubject intinned couent. · P. 006 · 2007 /SEP /10/MON 15 :45 • Dlplr1aMDt of JU9doe omoe or 1a&e Protr11D1 Bareaa or Jlll1ice Asllltuce AW.ARD CONTINUA110N SHEET Gnnt SPECIAL CONDfflONS PAO! S OP S 1'7. Grantee .,-.111 oompl,with all aonfidenliaHty ~Ill of-42 U.S .C. Hlllio113719a 1114 21 CJ'.P.. Putll that ue wlloab19 to oolleatlon, an, 1114 revllatloa of data or hdbnlladlllL Onaeee filrlller aaree,, 11 • conditio11 of' snnt appl'Oftl. IO dm!C I Pmlcy ~ that ii ID ICCOld wt111 nqulawww .. of 28 C.F.R. tart 22 nd, in pu,ical•, lllllliDll ll.23. I !I . R,,c,ipieat ..-ht filnda piovtdld undlr Ible IWlint may llGt be Imel to oper1111 "pay-lO-III)"' propam Ill llDY 1-1 jml. ~ fllr1b• 111111 aot to ,abrnn:l mda to low jails wbicb operlle "Jlll7-«>-tlay' ~. 20. Lclpieat 1111,Y DOC obllpla, ~ or ckawdawn ftmda ulllil Git BQzW8 of~~. Offlae or .11lltice Pruss-(BJA) Ml .-wed~~ !bat tbe *1e ot locll tovemlll& body mt.,,,, aloc ~ty IIOdlcadoa "'{llhaaaaull ha,ie bccsa inet ad 1111 ilAed a Orat Adjallmlmt Nolioe (GAN) nsllllin& 6lil ..... ooadltloa . -------- P. 007 , COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 1 7, 2007 11 Ci A Resolution Conditionally Approving the Consolidated Service Plan for Kent Place Metropolitan District Number 1 and 2 Initiated By: Staff Source: City of Englewood Frank Gryglewicz, Director Finance and Administrative Services Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this issue with staff, representatives from Continuum Partners , and White, Bear, and Ankele at the Study Session held August 20, 2007. RECOMMENDED ACTION Staff recommends City Council conditionally approve the attached Service Plan for Kent Place Metropolitan District 1 and 2. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council has encouraged the de velopmen t of the site at the Den ver Seminary. A component of the development is financing and constructing capital improvements on the property. The Districts are formed to provide planning, design , financing, acquisition , construction, installation , relocation and the rede velopment of public improvements. These improvements will be financed by debt issued by the Districts . This debt is not a debt of the City of Englewood and is repaid solely from revenues available to the Distri cts, including ad va lorem property taxes. The proposed Metropolitan District 1 and 2 are independent units of local government separate and distinct from the City of Englewood. The City Council must approve, conditionally approve, or reject the Service Plan by Resolution. City staff has reviewed the Service Plan and made recommendations and corrections that are incorporated into the revised document. City Council must determine if the following requirements of C.R.S . 32-1-202(2) are fulfilled and acceptable : (a) A description of the proposed services; (b) A financial plan showing how the proposed services are to be financed, including the proposed opera ting re enue deri ed from property taxes for the first budget year of the district, which shall not be materially exceeded except as authorized pursuant to ction 32-1-207 or 29-1 -302, C.R.S . All proposed ind btedness for the district shall be displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governing body of the municipality of any alteration or revision of the proposed schedule of debt issuance set forth in the financial plan. (c) A preliminary engineering or architectural survey showing how the proposed services are to be provided; ( d) A map of the proposed special district boundaries and an estimate of the population and valuation for assessment of the proposed special district; (e) A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed special district are compatible with facility and service standards of any county within which all or any portion of the proposed special district is to be located, and of municipalities and special districts which are interested parties pursuant to section 32-1-204 (1 ); (f) A general description of the estimated cost of acquiring land, engineering services , legal services, administrati ve services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district; (g) A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed special district and such other political subdivision, and, if the form contract to be used is available, it shall be attached to the service plan; (h) Information, along with other evidence presented at the hearing, satisfactory to establish that each of the criteria set forth in section 32-1-203 , if applicable, is met; (i) Such additional information as the Board of County Commissioners may require by resolution on which to base its findings pursuant to section 32-1-203; U) For a mental health care service district, any additional information required by section 32-17-107 (2) that is not otherwise required by paragraphs (a) to (i) of this subsection (2). FINANCIAL IMPACT This action should not have a financial impact on the City of Englewood. LIST OF ATTACHMENTS Re olution S rvice Plan A ----~-- RESOLUTION NO. SERIES OF 2007 j/tt' A RESOLUTION APPROVING THE CONSOLIDATED SERVICE PLAN FOR KENT PLACE METROPOLITAN DISTRICT NO. 1 AND NO. 2. WHEREAS , Section 32-1-204.5, C .R .S ., provides that no special district shall be organized within a municipality except upon adoption of a resolution approving or conditionally approving the service plan of the proposed special district; and WHEREAS , pursuant to the provisions of Part 2 of Article 1 of Title 32 , Colorado Revised Statutes, the Englewood City Council held a public hearing on September 17 , 2007 at 7:30 P.M. regarding the approval of the Consolidated Service Plan (the "Service Plan") for Kent Place Metropolitan District No. 1, and Kent Place Metropolitan District No. 2 (collectively, the "Districts"); and WHEREAS , the Englewood City Council has considered the Service Plan for the proposed Districts and all other testimony and evidence presented at the public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The above and fore going recitals are incorporated herein by reference and, in addition to the materials formall y submitted in connection with the public hearing and testimony presented at such public hearing, are adopted as findings and determinations of the City Council. Section 2 . The City Council finds and determines that all of the requirements of C .R .S . 32-1- 202(2), relating to the Service Plan, attached as Exhibit A , have been fulfilled and found to be acceptable. The service plan shall contain the following : (a) A descript ion of the proposed servi ces; (b) A finan cial plan show ing how the proposed services are to be financed , including the proposed operating revenue derived from property taxes for the firs t budg et year of the district , which shall not be materially exceeded except as authorized pursuant to section 32-1-207 or 29-1-302 , C .R.S . All proposed indebtedness for the district shall be displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governin g body of the munici pa lity of any alterat ion or revision of the proposed schedul e of debt issuance set forth in the financia l plan. (c) A preliminary engineering or architectural survey showing how the proposed services arc to be provided; (d) A map of the proposed special district boundaries and an estimate of the population and valuation for a scs ment of the proposed pecial district; ( e) A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed special district are compatible with facility and service standards of any county within which all or any portion of the proposed special district is to be located, and of municipalities and special districts which are interested parties pursuant to section 32-1-204 (I); (t) A general description of the estimated cost of acquiring land, engineering services , legal services, administrative services , initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district ; (g) A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed special district and such other political subdivision, and, if the form contract to be used is available, it shall be attached to the service plan; (h) Informati<?_n, along with other evidence presented at the hearing, satisfactory to establish that each of the criteria set forth in section 32-1-203, if applicable, is met; (i) Such additional information as the Board of County Commissioners may require by resolution on which to base its findings pursuant to section 32-1-203 ; (j) For a mental health care service district, any additional information required by section 32 -17 -107 (2) that is not otherwise required by paragraphs (a) to (i) ofthis subsection (2). Section 3. The City Council further finds and determines as follows: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. (b) The existin g service in the area to be served by the proposed spec ial d istrict is inadequate for present and projected needs . (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. (d) The area to be included in the proposed special district has , or will have, the financial ability to discharge the proposed indebtedness on a reasona b le basis . Sect ion 4 . The Service Pl an is hereby cond itiona ll y ap proved and the D istricts shall be expressly permitted to proceed to an organizational election and to record the ord ers organizing the Districts, but shall be prohibited from entering into any agreement, issuing any bonds, entering into any other financial obligations or constructing any facili ties . Notwithstanding such authorization. it shall be an express condition to thi Resolution that prior to the point at which the District may enter into any agreement, issue any bonds, enter into any other financial o bligation or construct any facilities ; the following conditior :. must be mn: ) 1. The Districts and the City shall have entered into an intergovernmental agreement acceptable to all parties. (Exhibit G to the Service Plan) 2 . A summary of the market study supporting the financial plan has been provided and approved by the City Manager. 3. In the event that the City and the Districts have not satisfied the requirements and prior to December 31 , 2008, then this Service Plan and any conditional approval granted by the City Council shall be null and void, and of no further force or effect. Section 5 . A certified copy of this Resolution shall be filed in the records of the City and submitted to the petitioners for the purpose of filing with the District Court of Arapahoe County to obtain an order authorizing an organizational election. Section 6. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. This Resolution shall be in full force and effect upon its passage and approval. ADOPTED AND APPROVED this 17th day of September, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk 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 I I l CONSOLIDATED SERVICE PLAN FOR ~---- KENT PLACE METROPOLITAN DISTRICT NO. 1 AND KENT PLACE METROPOLITAN DISTRICT NO. 2 CITY OF ENGLEWOOD, COLORADO Prepa red By WHITE , BEAR & ANKELE Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, Colorado September 10, 2007 • X H I • I T A ------ TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................. 1 A. Purpose and Intent. .................................................................................................. 1 B. Needs Analysis/Basis for Statutory Findings ......................................................... 1 C. District Functions Generally.... . ............................................................................ 2 II. DEFil 'TIONS .................................................................................................................... 2 III. BOUNDARIES ................................................................................................................... 4 IV. PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED VALUATION . 5 V. DESCRIPTION OF PROPOSED POWERS , IMPROVEMENTS AND SERVICES ....... 5 A. Powers of the Districts ............................................................................................ 5 B. Limitations of the Districts' Powers and Service Plan Amendment... .................... 5 1. Operations and Maintenance Limitation ..................................................... 5 2. Total Debt Issuance Limitation ................................................................. 5 3. Construction Standards Limitation ............................................................. 6 4. Consolidation Limitation ............................................................................ 6 5. Bankruptcy Limitation ................................................................................ 6 6 . Service Plan Amendment Requirement.. .................................................... 6 7 . Sales and Use Tax ................................................................... 6 C . Preliminary Engineering Survey ............................................................................. 7 D. Multiple District Structure .................................................................. 7 VI. FINANCIAL PLAN ............................................................................................................ 7 A . General. ................................................................................................................... 7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ................. 8 C. Maximum Debt Mill Levy ...................................................................................... 8 D . Debt Repayment Sources ........................................................................................ 9 E. Debt Instrument Disclosure Requirement.. ............................................................. 9 F. Security for Debt. .................................................................................................... 9 G . TABOR Compliance ............................................................................................... 9 H. Districts' Operating Costs ....................................................................................... 9 VII. ANNUAL REPORT ......................................................................................................... 10 A . General. ................................................................................................................. l 0 B. Reporting of Significant Events ............................................................................ 10 VIII . CONSOLIDATION/DISSOLUTION ............ : ................................................................. 11 IX . DISCLOSURE TO PURCHASERS ................................................................................. 11 X. INTERGOVERNMENTAL AGREEMENT .................................................................... 11 XI. CONCLUSION ................................................................................................................. 11 I I · EXHIBIT A EXHIBITB EXHIBITC EXHIBITD EXHIBITE EXHIBITF EXHIBITG 190156-3 LIST OF EXHIBITS Legal Descriptions Englewood Vicinity Map District Boundary Map Summary of Public Improvements Preliminary Engineering Survey and Cost Estimates Preliminary Financing Plan Intergovernmental Agreement between the Districts and Englewood ( I. INTRODUCTION A. Purpose and Intent Kent Place Metropolitan District No. 1 and Kent Place Metropolitan District No . 2 (the "Districts") are independent units of local government, separate and distinct from the City of Englewood (the "City"), and, except as may otherwise be provided for by State or local law or this Service Plan, their activities are subject to review by the City only insofar as they may deviate in a material matter from the requirements of the Service Plan . It is intended that the Districts will provide a part or all of the Public Improvements necessary and appropriate for the use and benefit of all anticipated property owners within the Districts and the general public. The primary purpose of the Districts will be to finance the construction of these Public Improvements. District No. 1 is proposed to be the Operating District and is expected to manage and oversee the District Activities. District No. 2 is proposed to be the Financing District and is expected to include all future development area comprising the Project. B. Needs Analysis/Basis for Statutory Findings . In order to establish compliance with the standards for Service Plan approval set forth in Section 32-1-204.5, C.R.S ., the following needs analysis is provided : 1. There is Sufficient Existing and Projected Need for Organized Service. It is anticipated that within the next 6 years, approximately 300 residential units will be constructed within the Service Area and an additional 51,500 square feet of commercial development will occur, which will include both office d retail development. The anticipated timing for this commercial and residential development is set forth in the Financing Plan . Accordingly, the demand for the Public Improvements to be provided by the Districts is demonstrable . 2 . The Existing Service in the Area to be Served is Inadequate for Present and Projected Needs/ Adequate Service Through Other Governmental Entities Will Not Be Available Within a R easonable Time and on a Comparable Basis. The facilities and services to be provided by the proposed Districts will not be provided by any county, municipal or quasi- municipal corporations, including existing special districts . The Districts ' boundaries do not overlap the legal boundaries of any existing special district with the power to provide the same services that the Districts propose to provide. Neither the City, nor any existing special district, plans to provide the facilities required for the development of the Project. Therefore, provision of facilities will not be avai labl e through other Governmental Entities . 3. The Districts are Capable of Providing Economical and Sufficient Service/The Districts Will Have the Financial Ability to Discharge Proposed Indebtedness on a Reasonable Basis . The proposed Districts are necessary in order to provide the most economical and efficient means of undertaking District Activities to serve existing and future residents within their respective boundaries . The Financial Plan attached as Exhibit F demonstrates the feasibility of providing the District Activities proposed herein on an economical basis . The 11)()1 (>. • I • ) -~----------- formation of the Districts will facilitate the financing of the District Activities at the least cost , as the Districts will have access to tax-exempt financing that is not available to private entities . 4. The Creation of the Districts is in the Best Interests of the Area to be Served. The matters described in items 1 through 3 of this Section establish that the creation of the Districts is in the best interests of the area to be served, in that they demonstrate a demand for public improvements that will otherwise be unmet by other governmental entities and offer the advantage of obtaining publ ic financing to fund these improvements. C. District Functions Generally The Districts shall be authorized to provide for the planning, design, acquisition , construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the Districts. All Debt that is payable from a pledge of property taxes is subject to the Maximum Debt Mill Levy. Debt that is issued within this , and other parameters set forth in this Service Plan, will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. It is expected that certain Public Improvements will be dedicated to either the City or to other governmental entities according to the applicable procedures for the specific entity (including but not limited to standards relating to construction). The D istricts are authorized to own , operate and ma intain Public Improvements that are not dedicated to the C ity or other go v ernmental entities . Determination of specific Public Improvements to be dedicated to the City and/or other governmental entities , or to be retained by the Districts, will be the subject of separate actions and agreements among interested parties , including the Approved Development Plan . The City shall have and will exercise sole and exclusive jurisdiction over land use and building, e .g., zoning , subd ivision, building permit , and decisions affecting development of property within the boundaries of the Districts . Construction of all Publ ic Improvements shall be subj ec t to a pplicable ordinances, codes and regulations of th e City . It is the intent of the Districts to d iss olve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt , and if the Districts have authorized operating functions, to retain only the power necessary to impose and collect taxes or fees to pay for these costs and to perform these functions. II . DEFIN ITIO NS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise : I I l . 2. ( I ISb-3 ~--- Approved Development Plan: means the Development Agreement for the Project which specifies the Public Improvements necessary for development of property w .ithin the Service Area as approved by the City pursuant to the City's ordinances and codes, the Planned Unit Development Plan, the Final Subdivision Plat, and as well as any site or construction plans approved by City staff from time to time and water and sewer plans , as approved by appropriate utility providers and/or the City, as appropriate. Board: means the board of directors of one District or the boards of directors of all Districts, in the aggregate. City: means the City of Englewood, Colorado . City Council : means the City Council of the City of Englewood, Colorado . Debt: means bonds or other financial obligations not subject to annual appropriation for the payment of which any District has promised to impose, collect and pledge an ad valorem property tax mill levy, Fees, and/or any other legally available revenues of the District. District: means any one of Kent Place Metropolitan District No. 1 or Kent Place Metropolitan District No . 2 . Di strict Activitie s: means any and all funct ions undertaken by the Di strict s in accordance with this Service Plan and as permitted under applicable law in order to effectuate the purposes for which the Districts are organized . District No . 1: means Kent Place Metropolitan District No. 1. District No . 2 : means Kent Place Metropolitan District No . 2 . Di strict Boundaries : means the boundaries of the area described in the District Boundary Map. D is tr ict Boundary M ap : means th e map attach ed here to as Exhibit C , descri b ing th e Districts' initial boundaries. Districts : means District No . 1 and District No . 2 , collectively . External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securi t ies and the procuring of bond ratings, credit enhancement and insurance in respect of such securities ; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place ; and (iii) is not an officer or employee of the Districts and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt. .). Fees: means any rate, fee, toll, penalty or other charge imposed by the Districts and permitted by applicable law for services, programs or facilities provided by the Districts. Financial Plan: means the Financial Plan described in Section VI which describes (i) how the Public Improvements are to be financed; (ii) how the Debt is expected to be incurred ; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Financing District: means District No . 2 . Maximum Debt Mill Levy : means the maximum mill levy any District is permitted to impose for payment of Debt as set forth in Section VI.C below. Operating District: means District No. 1. Project: means the development or P;Operty commonly referred to as Kent Place. Public Improvements : means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below , to serve the future taxpayers and inhabitants of the Service Area as determined by the Board of one or more of the Districts .. Service Area: means the property within the District Boundary Map . Service Plan: means this service plan for the District approved by City Council. Service Plan Amendment: means an amendment to the Service Plan approved by City Council in accordance with the City's ordinances and applicable state law. Special District Ac t: means Section 32-1-101 , et ~-, of the Colorado Rev ised Statutes , as amended from time to time . State: means the State o f C olo rado . Taxable Property: means real or personal property within the Service Area subject to ad valorem taxes imposed by the District. III. BOUN D ARI ES T he area of the District Boundaries includes approximately 11.4 acres . A legal description of the District Boundaries is attached hereto as Exhibi t A . A vicinity map is attached hereto as Exhib it B . A map of the District Boundaries is attached hereto as Exhibi t C . It is anticipated that the Districts' boundaries may change from time to time as they undergo inclusions and exclusions pursuant to Section 32-1-401, et~-, C.R.S., and Section 32 -1-501, et seq ., C.R.S. I I (>.J . 4 . IV. PROPOSED LAND USE/POPULATION PROJECTIONS/ ASSESSED VALUATION The Service Area consists of approximately 11.4 acres of mixed use development, including approximately 300 residential units and 51 ,500 square feet of retail and office space . The current assessed valuation of the Service Area is approximately $3 ,574,474.00 for purposes of this Service Plan and , at bu ild out, is expected to be sufficient to reasonably discharge the Debt under the Financial Plan. The population of the Districts at build-out is estimated to be approximately seven hundred (700) people . Approval of this Service Plan by the City does not imply approval of the development of a specific area within the Districts, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the Districts The Districts shall have the power and authority to provide the Public Improvements and undertake related operations and maintenance services within and without the boundaries of the Districts, as such power and authority is described in the Special District Act , and other appl ic able s ta tutes , the common law and the Constitut ion, subject to the lim itatio ns set forth in th is Serv ice Plan . The specific types of Public Improvements shall be determined in th e discretion of the Board of Directors of the Districts . B. Limitations of the Districts ' Powers and Service Plan Amendment 1. Operations and Maintenance Limitation The Districts shall dedicate ce rt ai n Publ ic Improvements to the City or other appropriate juris diction in a mann e r cons ist ent w ith the Approved Development Plan , rules and regulations of the City and appl ica ble provi sion s o f the Ci ty 's o rdinances. The D istricts sha ll be authori zed to own , operate and maintain an y part or a ll o f the Public Improveme nts not d ed icated to th e City or other a ppropri ate jurisd ic tion. Determination of specific Pub lic Imp rovements to be d edicated to th e City and/or other governmental entities, or to be retained by the Districts, will be the subject of separate actions and agreements among interested parties . A summary of the improvements anticipated to be owned and operated by the Districts is attached as Ex hibit D. 2. Total Debt Issuance Limitation The Districts shall not issue Debt in excess of $30,000,000 a b sent a perm itted increase in such amount as may be auth orized pursuant to a future intergovernmental agreement with the City . The Intergovernmental Agreement between District No. l and District No. 2, as is contemplated in Section V(D) shall not be subject to the Total Debt Issuance Limitation. Further, a refunding, re-issuance or restructuring of outstanding debt shall not be deemed new debt that would count against the Total Debt Issuance Limitation . 1901 .) . s. 3. Construction Standards Limitation The Districts shall ensure that the Public Improvements to be dedicated to the City or other appropriate jurisdiction are designed and constructed in accordance with the standards and specifications of the City and of other governmental entities having proper jurisdiction. The Districts will obtain the City 's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work . 4. Consolidation Limitation The D istricts shall not file a request with any Court to consolidate with another Title 32 district without the prior written consent of the City. 5. Bankruptcy Limitation All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy and the Fees have been established under the authority of the City to approve a Service Plan with conditions pursuant to Section 32-1-204 .5, C .R.S . It is expressly intended that such limitations: (a) Shall not be subject to set -aside fqr any reason or by any court of competent jurisdiction, absent a Service Plan Amendment ; and (b) Are , together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (11 U.S.C .) Section 903 , and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptc y Code Section 943(b)(6). Any Debt, issued with a pledge or which results in a pledge , that e xc eeds the Maximum Debt Mill Levy, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207 , C.R.S . and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan Amendment. 6. Serv ice Plan Amendment Requirement This Service Plan has been de s igned wi th sufficient fle x ibil ity to enable the Districts to provide requ ired serv ices and fac il ities und er evolvin g c irc umstan ces wi thout th e ne ed for num e rou s am endmen ts . No modification shall be re qui red for an action of th e Districts which does not materially depart from the provisions of this Service Plan . Material modifications to this Service Plan may be made only in accordance with Section 32 -1-207 , C .R.S . Nothing herein is intended to modify or prevent the use of the provisions of Section 32 -1-207(3)(b), C .R .S . 7 . Sales and Use Tax . The Districts shall not exercise their sales and use tax exemption in a manner that would reduce or cause a loss of sales or use tax revenues due to the City from the construction of the Public Improvements or from the provision of District Activities. 1901 6-l ·6· C. Preliminary Engineering Survey The Districts shall have the authority to provide for the planning, design, acquisition, construction, installation, relocation , redevelopment, maintenance , and financing of the Public Improvements within and without the boundaries of the Districts, to be more specifically defined in an Approved Development Plan. An estimate of the costs of the Public Improvements which may be planned for, designed, acquired , constructed , installed, relocated , redeveloped, maintained or financed was prepared based upon a preliminary engineering survey , attached hereto as Exhibit E , and estimates derived from the zoning on the property in the Service Area. D. Multiple District Structure. It is anticipated that the Districts , collectively, will undertake the financing and construction of the Public Improvements. The nature of the functions and services to be provided by each District shall pe clarified in an intergovernmental agreement between and among the Districts . All such agreements will be designed to help assure the orderly development of the Public Improvements and essential services in accordance with the requirements of this Service Plan. Implementation of such intergovernmental agreement is essential to the orderly implementation of this Service Plan. Accordingly , any determination of any Board to set aside said intergovernmental agreement without the consent of all of the Districts shall be a material modification of the Service Plan . Said intergovernmental agree ment may be a me nded by mutual agreement of the Districts without the need to amend thi s Servi ce Plan. VI. FINANCIAL PLAN A. General The Districts shall be authorized to provide for the planning, design , acqu isition , con stru ction , installation , relocation and/or redevelopment of the Publ ic Improvements from th ei r reve nu es and by and through the proceeds of Debt to be is sued by the D is tricts. Th e Fi n anc ial Pl an for th e D is tricts sh all be to issue such De bt as the D is tric ts can reasona bl y pay from revenues derived from the Maximum D e bt Mill Levy, Fees and other legally available re venues. A Preliminary Financing Plan is attached hereto as Exhib it F and depicts the a nti c ip ated re venue fore cast and debt issuance of the Districts based upon current proj ec tions of de velopment with in the Project. The actual Debt issuance of the Districts shall be based upon ac tual development within the Project. In any event, the total Debt that the Districts shall be pem1itted to issue sha ll not exceed the Total Debt Iss uance Limitation and shall be permitted to be is sued on a schedu le and in such year or years as the D istric ts determine shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs . All bonds and oth er Debt issued by the Districts may be payable from any and all legally available revenue s of the Districts , including general ad valorem taxes and Fees to be imposed upon all T axable Property within the Districts . The Di stricts will also rely upon various other revenue sources authori zed by law . These will include the power to assess Fees , rates, tolls , penalties, or c harges as pro v ided in Se ction 32-1 -1001(1), C .R .S., as amended from time to time . ll/01 (>. . 7. B. Maximum Voted Interest Rate and Maximum Underwriting Discount The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be three percent (3%). Debt, when issued, will comply with all relevant requirements of this Service Plan, and State law and Federal law as then applicable to the issuance of public securities. C . Maximum Debt Mill Levy The "Maximum Debt Mill Levy" shall be the maximum mill levy any District is permitted to impose upon the Taxable Property within the District for payment of Debt, and shall be determined as follows: 1. For. the portion of any aggregate District's Debt which exceeds fifty percent (50%) of the District 's assessed valuation, the Maximum Debt Mil ( Levy for such portion of Debt shall be fifty (50) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section VI.C .2 below ; provided that if there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determ ination to be binding and final ) so that to the extent possible, the ac tual tax revenues generated by the mill levy , as adjusted for changes , are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation . 2 . For the portion of any aggregate District 's Debt which is equal to or less than fifty percent (50%) of the D istrict 's assessed valuation, e ither on the date of issuance or at a ny t ime thereafte r , the mill levy to be impo sed to repay such portion of Debt shall not be subject to th e Maxi mum Debt Mill Levy and , as a result, the mill levy may be such amount as is necessary to pay th e De bt service on s uch Debt, without limitation of rate . 3 . For purposes of the foregoing, once Debt h as b een determined to be with in Section VI.C.2 above, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy , the District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in the District's Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-110 I, C.R.S . and all other requirements of State law. To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term "District" as used herein shall be deemed to refer to the District and to each such subdistrict separately, so th at each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition . D . Debt Repayment Sources Each of the Districts may impose a mill levy on Taxable Property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance . The Districts may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess Fees, rates, tolls, penalties , or charges as provided in Section 32-1-1001, C .R.S ., as amended from time to time. In no event shall the debt service mill levy in any District exceed the Maximum Debt Mill Levy . E. Debt Instrument Disclosure Requirement In the text of each Bond and any other instrument representing and constituting Debt, the Districts shall set forth a statement in substantially the following form : By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the District authorizing the issuance of this Bond and in the Service Plan for creation of the Districts. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this Service Plan shall be included in any document used for the offering of the Debt for sale t o persons, including , but not limited to , a de veloper of property within the boundaries of the District. F . Security for Debt The Districts shall not pledge any revenue or property of the City as security for the indebtedness set forth in this Service Plan, except as may be agreed to in writing by the City. Appro val of th is Service Plan shall not be construed as a guarantee by the City of payment of an y of the Di stricts' obl igations; nor shall anything in the Service Plan be con strued so as to create any respon sibili ty o r liabili ty on th e part of the City in the event of default by th e Dis tr ic ts in th e pay ment o f an y s uch obl iga tion . G . TABOR Compliance The Districts will comply with the provisions of TABOR. In the discretion of the Board, the Districts may set up other qualifying entities to manage, fund, construct and operate facili t ies, services, and programs. To the extent all owed by law, any entity created by the Districts will remain und er the control of the ap p licable D istrict's Board . H . Districts' Operating Costs The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the Districts' organization and initial 190156-J .9. operations, are anticipated to be $100,000, which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the Districts will require operating funds for administration and to plan and cause the Public Improvements to be constructed and maintained. The first year's operating budget is estimated to be $50 ,000 which is anticipated to be derived from property taxes and other revenues. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to any District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users. VII. ANNUAL REPORT A. General Upon the request of the City, the Districts shall be responsible for submitting an annual report to the City Manager's Office no later than August 151 of each year following the year in which the Order and Decree creating the Districts has been recorded. B. Reporting of Significant Events The annual report shall include information as to any of th e followi ng : 1. Boundary changes made or proposed to the Districts ' boundaries as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities , either entered into or proposed, as of December 31 of the prior year. 3. Copies of the Districts' rules and regulations , if any, as of December 3 1 of th e pri or year. 4. A summ ary of any litigati on wh ic h invol ves the D is tricts' Public Improvements as of December 31 of the prior year. 5. Status of the Districts' construction of the Public Improvements as of December 31 of the prior year. 6 . A list of all facilities and improvements constructed by the Districts that have been dedicated to and accepted by the City as of December 31 of the prior year. 7. The assessed valuation of the Districts for the current year. 8. Current year budgets including a description of the Public Improvements to be constructed in such year . lq(,jl 6-l · 10 . 9 . Audit of the Districts' financial statements, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. 10. Notice of any uncured events of default by the Districts, which continue beyond a ninety (90) day period, under any Debt instrument. 11. Any inability of the Districts to pay their obligations as they come due, in accordance with the terms of such obligations, which continue beyond a ninety (90) day period. VIII. CONSOLIDATION/DISSOLUTION The consolidation of any District with any other special district shall be subject to the approval of the City. Each District will take all action necessary to dissolve pursuant to Section 32-1-701, et. seq., C.R.S., as amended from time to time, at such time as it does not need to remain in existence to discharge its financial obligations or perform its services. In no event shall dissolution occur until 'the District has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes. IX. DISCLOSURE TO PURCHASERS The Districts will use reasonable efforts to assure that all developers of the property located within the Districts provide written notice to all purchasers of property in the Districts regarding the Maximum Debt Mill Levy, as well as a general description of the Districts' authority to impose and collect rates, Fees, tolls and charges. X. INTERGOVERNMENTAL AGREEMENT The form of the intergovernmental agreement relating to the limitations imposed on the Districts' activities is attached hereto as Exhibit G. The Districts shall approve the intergovernmental agreement in the form attached as Exhibit G at their first Board meeting after their organizational election. The City Council shall approve the intergovernmental agreement in the form attached as Exhibit G at the public hearing approving the Service Plan . XI. CONCLUSION It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2), C.R.S., and Section 32-1-204 .5, C .R .S ., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the Districts; 2 . The existing service in the area to be served by the Districts is inadequate for present and projected needs; 3 . The Districts are capable of providing economical and sufficient service to the area within their proposed boundaries; and I IS ) • 11 • 4. The area to be included in the Districts does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Therefore, it is hereby respectfully requested that the City Council of the City of Englewood, Colorado, which has jurisdiction to approve this Service Plan by virtue of Section 32-1-204.5, C .R.S., et seg., as amended, adopt a resolution approving this "Consolidated Service Plan for Kent Place Metropolitan District No. 1 and Kent Place Metropolitan District No. 2" as submitted. I IS J Respectfully submitted this 10th day of September, 2007. Respectfully submitted, WHITE, BEAR &ANKELE Profez:ss· nal Corporati~n ~ _<', ', D,., -'--~ Kristen D. Bear, Esq. Clint C . Waldron, Esq. • 12. == EXHIBIT A Legal Descriptions Kent Place Metropolitan District No. 1: TRACT D, KENT PLACE FIRST FILING, FIRST AMENDMENT Kent Place Metropolitan District No. 2: I IS6-J LOTS 1, 2, 3, 4, & 5, KENT PLACE FIRST FILING, FIRST AMENDMENT TRACTS A, B, C, & D, KENT PLACE FIRST FILING, FIRST AMENDMENT • I • 190156-3 EXHIBITB Englewood Vicinity Map . 2. N 1800 FT . EB UN IV. EAST EVANS AVENUE 0 OF rr, z < rr, DENVE 0 :::::0 t-= > (') >-(/) .....J .....J 0 <( CD CD C 3: z 0 PORTE -I <( -< 0 HOSP . • 0 (') 0 -I <( -< E. BATES AVE . a:: 0 .....J ,, 0 I u >-rr, z E. f-- C') z ::, r SITE rr, 0 :i: I u 0 f--I 0 I ::, f--a:: 0 f--0 ::, w ::, (/) LSHIRE 0 > 0 (/) z (/) GOLF COURS w 0 EAS T HAMPDEN AVE. >-f--z ::, 0 I u I f--w I ::, 0 0 I (/) <( Cl.. I <( a:: CITY OF ENGLEWOOD <( VICINITY MAP SCALE : 1 "=2500' 1901S 3 EXHIBITC District Boundary Map .J. KENT PLAC E DIS TR IC T BOUNDARY MAP --· D--· ~I '< 'z I u.J 0 0.. :;.: ~ 'I I I:;: I l •: ' I I• r 'I I ! I I l--, I ; ;~ ~ .. ' I:•-... I} j ' ' t· '. ,. I!. , . ' I '-1 .. '· f ,f ,f r,. • I .,,, j j . i. ' t .,_i f I , ~"""t -.,.,,------~ -,,,, -,b,-....;..-;---=-_-;:.~ -----_.._ ---t _ .... = -~,,-=s ";w;,,s;,.;=' i::---=-3_ ~ J ~ = . ! . ~...., .,-~ . ----. ---.;:~ : - J = := --' UN IVERSITY BL VD. -.;;= : -~ II II II I II U I I I II f I ,I I '\'11 ,t't KENT.PLACE ONTINUUM 1 ~1 i i i i JI I i 1· .I 1 11 1 rl I I I !I \.T' "~ --.:-;-----------=?-:-::. ____ _ ~~~="-----~~------------:~. MASTER SITE PLAN SCAl..f 1 ':);;".,. 1•.q L. I , ------------------ C.', "''-"G' :...,= ==- \ EXHIBITD Summary of Public Improvements 190156-3 ... Kent Place District Improvements Improvement Paid/or by Co11slruc1ed by Mai111ained by Dedicated 10 Daleo/ Estimated Conveyance Maintenance Cost Draina11.e Improvements District Developer District District Final Plat TBD Private Access Landscape/Fence Developer Developer HOA HOA Completion TBD lmorovements Public Access Landscape/Fence District Developer District District Completion TBD Imnrovcments Community Entrances District Developer District District Completion TBD Community Recreation Facilities Developer Developer HOA HOA Completion TBD Private Oocn Space and Private Parks Develooer Develooer HOA HOA Completion TBD Public Oocn Soacc and Public Parks District Develooer District District Completion TBD Private Access Allevs Develooer Develooer HOA HOA Completion TBD Offsite Road Improvements District Developer COOT, City of COOT, City of Completion NIA Englewood, Englewood, Aranahoc County Aranahoc Countv Private Access Interior Strcctscapc Developer Devel,_,. HOA HOA Completion TBD Public Access Interior Strcctscape District Devel,_,. District District Completion TBD Private Access Interior Streets Developer Devel oner HOA HOA Final Plat TBD Public Access Interior Streets District Dcveloner District District Final Plat TBD All loterior Stonn Sewers District Developer District District Completion TBD Sanitary Sewer Mains District Develoner Citv ofEns!lewood Citv ofEnsdewood Completion NIA Water Mains District Developer Citv ofEn2lewood Citv ofEn2lewood Completion NIA Gas Mains Dcvelnrv,r PSC PSC Easement NIA NIA Electric Lines Developer PSC PSC Easement NIA NIA Telecommunications Developer Developer Telecom. Co Easement NIA NIA Storm Water Detention District Dcveloner District District Completion TBD Commercial Partcin2 Gara2e District Developer District District Completion TBD All Project Engineering and Construction District NIA NIA NIA NIA NIA M-cmcnt includin2 District Facilities Ovcrlot Gradin2 -All Developer Dcveloner NIA NIA NIA NIA EXHIBITE Preliminary Engineering Survey and Cost Estimates 1901S6-l . s . ' KENT PLACE AT CHERRY HILLS Metro Oiatrict Estimate 9n12001 Eligible Coata Land Coat land Acquisition (TractaA, B , D) 113,504 sf $ 52.31 /sf Soft Coat Deaign Entitlements and Approvals District Legal / Accounting Administrative Costs (Job Indirect) Subtotal Hard Costs Hard Coat General Conditions GCFee GC Salaries Sitawork Concrete Masonry Matala Thannal & Moisture Equipment Mechanical Elec:1rical Offsite Improvements (Roadway, Traffic signal) Subtotal Hard Coats TOTAL ELIGIBLE COSTS $ 5,937,394 $ 239,970 incl w. land $ 150,000 $ 150,000 $ 539,970 $ 578,818 $ 274,830 $ 357,739 $ 3,550,018 $ 729,271 $ 358,841 $ 397,898 $ 362,177 $ 86,187 $ 444,545 $ 305,299 $ 1,100,000 $ 8,543,422 $ 15,020,718 \ ' I I ; I ' ' 1901S6-J EXHIBITF Preliminary Financing Plan . 6. KENT Pt.ACE METROPOUTAN DISTRICT DI oMopMnt P,afectlon at 31.00 Debt Sarvlce MIiis Ser. 200l lenlof Non-ftalad Bonds, 30-yNr maturity <<<<<<<<RNidentlal>>>>>>>> < Plattad/Oeveloped Lots > _,,_ Ao 'edV ..... Ao"edV--er.N% en ...... Total --·-c-..lallw ofll-c-..1a11 .. of ll--_,_ 2.K _,,_ 2· ...... ,,_ 2 20CII 0 0 0 2007 0 0 0 20CII 0 0 0 0 13,69 1,550 0 2009 107 134,352,054 0 645,475 0 2010 4 2 ,617,041 142,026 ,773 0 14,400,160 3,970,550 2011 117 296,771 ,274 10,694,423 4 ,052,000 187 ,188 2012 34 5,1135 ,425 347,444 ,054 11 ,305,331 940,000 4 ,176,046 2013 8 358,029,1181 23,622,993 0 1,175,080 2014 0 7,160,600 365,190,580 27 ,656,547 0 272,600 2015 0 365,190,580 28,499,116 0 0 2011 0 7 ,303,812 372,4114 ,3112 29,069,170 0 0 2017 372,4114 ,392 29,069,170 2011 7 ,4411,111 3711,1144 ,280 29,650,554 20111 3711 ,1144,280 29,650,554 2020 7 ,598,886 387,543,165 30,243 ,565 2021 387,543.165 30,243,565 2022 7.750,113 395,294,029 30,848,436 2023 395.2114 ,029 30,848,4 36 2024 7.905 ... 1 403,199,909 31 ,485,405 2025 403,199,909 31 ,485,405 2021 8 ,063,11111 411.213,907 32,094.713 2027 411,213.907 32,094,713 202I 1,225,278 4111 ,4811,111 32,736,607 2029 4111 ,4811 ,186 32.736,607 20)0 8 ,389,784 427,878,1169 33.391,339 2031 427,878,11611 33,391,339 2032 1 ,557,5711 436,431,5411 34,059,166 2033 436,431,5411 34,0511 ,166 2034 8,728,731 445,185,280 34,740,349 2035 445,185,280 34,740,3411 203I 8 ,903,308 454,068,585 35.435,156 2037 454.068,585 35,435,156 20ll 11,081 ,372 463 , 149,1157 36,143,859 --- 270 113,742,443 tnlJfllR E K,MD Nft fo, l'lln 07 ' <<<<<<<<Commercial>>>>>>>> llldV-Ao"edV- Biennial . en. ..... --·-Cwnulallve "'-2.ft Mo111o1V-(2-yt"lag) 0 0 0 0 0 0 0 0 37,537 5,495,903 0 7,0 19 109 ,918 7,467 ,975 0 6 ,944 8,595,437 1,593,812 0 171 ,909 8,767,345 2,165,71 3 0 8,767,345 2,492,677 0 175 ,347 8,942,692 2,542,530 0 8,942,692 2,542,530 0 178 ,854 9,121 ,546 2,593,381 9,121,546 2,593,381 182,431 9,303,977 2,645,248 9,303,977 2,645,248 186,080 9,490,057 2,698,153 9,490,057 2,698,153 189,801 9,679,858 2,752,116 9,679,858 2,752.116 193,597 9,873,455 2,807,159 9,873,455 2,807,159 197,469 10,070,924 2,863.302 10,070,924 2,163,302 201 ,4 18 10,272,343 2 ,920,568 10,272,343 2,920,568 205,447 10,477,789 2,978,979 10,477,7811 2,978 ,979 209,556 10,687,345 3,038 ,559 10,617,345 3,038,559 2 13,747 10,901 ,092 3,099,330 10,901 ,092 3,099,330 2 18,022 11 ,1 111,1 14 3,161 ,317 11 ,119,114 3,161 ,317 222 ,382 11,341 ,496 3,224,543 51,500 2,855,978 NRFin Plan Paye 1 of 3 Total Total s.o. T ... -=-Dallt Svc c--=-.,. __ ,,_ MIi levy ·-a,n $0 so 35.000 so so 0 35.000 $0 0 0 35.000 0 0 3,970,550 35.000 136,190 13,6111 12 ,475,4 23 35.000 427,907 42,791 17,647,090 35.000 605,295 60,530 27,290,750 35.000 936,073 93,607 30,471 ,677 35.000 1,045, 1711 104,518 31,041 ,717 35.000 1,084,731 106,473 31,662,551 35.000 1,086,025 108.603 31 .662,551 35.000 1,086,025 108,603 32.295,802 35.000 1,107,746 1 10,775 32,295,802 35.000 1,107,746 1 10,775 32,941 ,718 35.000 1,129,901 1 12.990 32,941 ,718 35.000 1,129,901 112,990 33,600.552 35.000 1,152,499 11 5 ,250 33,600,552 35.000 1, 152,4911 115.250 34,272,563 35.000 1.175,5411 117,555 34.272.563 35.000 1.175.549 117,555 34.958,015 35.000 1,119,060 119,906 34,958,015 35.000 1,199,060 1 19,906 35.657,175 35.000 1,223,041 122,304 35,657,175 35.000 1,223,041 122,304 36,370,31 9 35.000 1,247,502 124,750 36,370,319 35.000 1,247.502 124 ,750 37,097,725 35.000 1,272,452 127.245 37,097,725 35.000 1,272,452 127,245 37,839,679 35.000 1,297,901 121.790 37,839,6711 35.000 1,297,901 129.790 38.596,473 35.000 1,323,8511 132,388 38,596,473 35.000 1.323,859 132.388 39,368,402 35.000 1,350,336 135,034 31,996,751 3,199.678 ~bJ DA ~&Co. 0.1ft: lor dllCUllion Ol'lly,nollor -- tn4007 E IIPMO NR Fin Pw, 07 YEAII 2006 2007 2008 2009 2010 2011 2012 2013 201 4 2015 2016 2017 201 1 20111 2020 2021 2022 2023 2024 2025 2026 2027 20211 20211 2030 2031 2032 2033 2034 2035 2036 2037 2031 KENT PLACE METROPOLITAN DISTRICT Dewlopment Projection at 35.00 Debt Service MIis Ser. 200I Senior Non-Ralad Bonds, 30-yNr ~ 1n1.1nc- onCU111. Surplus . Jll, 0 0 0 0 4,494 18,750 17,075 17,535 11,091 11,556 111,044 1e,sn 20,283 20,820 6 ,000 6 ,000 6,000 6 ,000 6 ,000 6 ,000 6 ,000 6 ,000 6,000 6 ,000 6 ,000 6,000 6,000 6,000 6 ,000 6 ,000 6 ,000 6 ,000 282,329 -Av-ior Dolll Svc 0 0 0 0 149,809 475,192 6114 ,575 1,046,755 1,167,232 1.1 1111,2115 1,213,184 1,2 13,676 1.231,197 1,231,803 1,263,711 1,248,891 1,273,749 1,273,749 1,2911 ,104 1,2911 ,104 1,324,1166 1,324.1166 1,351,345 1,351 ,345 1,371,252 1.378,252 1,405,697 1,405,697 1,433,691 1,433,691 1,462,245 1,462,245 1,491 ,370 35,478,71111 Ser.- $17,ISO,-Par (NMSt:1.-1111) -Dolll - $0 0 0 0 740,417 1,031,401 1,148,701 1,173,801 1,1116 ,801 1,1112,701 1,218,001 1,220,901 1,242,601 1,241 ,901 1,270,001 1,265.101 1,294,001 1,294,601 1,318,401 1,318,901 1,347,301 1,346,801 1,373,901 1,371,801 1,397,001 1,397,701 1,425,101 1,427,401 1,455,801 1,453,501 1,483,601 34,648,143 ~7-150! Annual - 0 0 0 0 149,809 475,1 92 (55,843) 15,354 18,531 15,494 16,313 20,975 20,196 17,902 21 ,110 6 ,990 3,748 8 ,648 5 ,103 4 ,503 6 ,565 6 ,065 4 ,044 4,544 4 ,351 6 ,451 11,696 7,996 8 ,590 6 ,290 6 ,444 8 ,744 7 ,769 830,6441 NR Fin Plan Surplus -· S0%DIA toSlCIO,- 0 0 0 0 0 0 0 0 515,103 6 ,990 3,748 8,648 5,103 4,503 6 ,565 6,065 4,044 4,544 4,351 6,451 8,696 7,996 8,590 6 ,290 6 ,444 8,744 207,769 830,644 Toca! Par: $17,IIO,- TOlal --: StZ.451,317 c-- Surpluo $1 ,715.-Ta.- 0 0 0 0 149,809 625.001 569,158 5114 ,512 603,043 618.537 634,920 655.895 676,091 693,994 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 0 Senior DebC/ --"---ACC'IV- Ratlo Ilalio n/a n/a n/a 445% 141% 100% 65% 58% 56% 54% 54% 52% 51% 49% 48% 46% 45% 43% 41% 39% 37% 35% 33% 30% 28% 25% 23% 20% 17% 14% 11% 7% n/a n/a n/a 11% 6% 5% 5% 5% 5% 5% 4% 4% 4% 4% 4% 4% 4% 4% 3% 3% 3% 3% 3% 3% 2% 2% 2% 2% 1% 1% 1% 1% Page2d3 "'-ed br DA~ & Co. Draft: ro, clilCUllion orly, nol 1or--r.r-- -I 200I 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 W7,_-, E KPIID NII Fin Plan 07 KENT PLACE METROPOUTAN DISTRICT Opentions Revenue end Expense Projection Speclllc Total TOCal Owlwahlp Tu A•-Oper'na c-e1n.01 Value 1111 Lo"l ·-Prop'yTa ... 0 5.000 0 0 0 5.000 0 0 0 5.000 0 0 3,970,550 5.000 19,4511 1,946 12,475,423 5.000 61 ,130 6 ,113 17 ,647,090 5.000 86 ,471 8,847 27,290,750 5.000 133,725 13,372 30,471,677 5.000 149,311 14,931 31,041 ,71 7 5.000 152,104 15,210 31 ,662,551 5.000 155,146 15,515 31 ,662,551 5.000 155,146 15,515 32,295,802 5.000 158,249 15 ,825 32,295,802 5.000 158,249 15 ,1125 32 ,941,71 8 5.000 161 ,414 16,141 32,941 ,718 5.000 161 ,414 16,141 33,600,552 5.000 184 ,843 16,464 33,600,552 5.000 184 ,643 16 ,484 34,272,563 5.000 167,936 16,794 34,272,563 5.000 167,936 16,794 34 ,958,01 5 5.000 171 ,294 17 ,129 34,958 ,0 15 5.000 171 ,294 17,129 35,657,175 5.000 174,720 17,472 35,657,175 5.000 174,720 17,472 36,370,31 9 5.000 178 ,215 17 ,821 36,370,319 4.048 144,288 14 ,429 37,097,725 4 .00I 145,731 14,573 37,097,725 4 .049 147 ,1U 14 ,719 37,839,679 4 .009 148,680 14,866 37,839,679 4 .049 150 ,147 15,015 38,596,473 4 .009 151 ,648 15,165 38,596,473 4 .049 153,185 15,318 39,368 ,402 0.000 0 0 ------ 4 ,128,044 412,804 Tobi Avd- ForO&II -0 0 0 21 ,401 67,243 95,118 147,097 164 ,242 167,315 170,661 170,661 174 ,074 174,074 177,556 177,556 1111 ,107 181 ,1 07 184,729 184,729 188,424 188,424 192,1112 192,192 196,036 158,7 17 160,304 18 1,907 163,526 165,161 166,813 188,481 0 --- 4 ,540,848 NRFinPlan Py3af3 LHa Dlalrtcl Openollonae of $125,000 Deval-, °""'- 1n11.e1%or Adv-for ~lo, Annual maal.Offlills 125,000 125,000 0 0 126,250 126,250 0 0 127,513 127,513 0 0 128,798 107,386 0 0 130,076 62,833 0 0 131,376 36,258 0 0 132,690 0 14,407 0 134,017 0 30,225 0 135,357 0 31 ,958 0 136 ,71 1 0 33 ,950 0 138,078 0 32,583 0 139,459 0 34,616 0 140,1153 0 33,221 0 142,262 0 35,294 0 143,684 0 33,872 0 145,121 0 35,986 0 146,572 0 34,535 0 148,038 0 36,691 0 149,5111 0 35,211 0 151,014 0 37,410 0 152,524 0 35,900 0 154,049 0 38,143 0 155,5811 0 36,603 0 157,145 0 14,635 24,256 158,717 0 0 0 160,304 0 0 0 161,907 0 0 0 163,526 0 0 0 165,161 0 0 0 166,813 0 0 0 168,481 0 0 0 -- 4 ,516,593 585,240 585,240 24 ,256 ~bJDA~&Co. Drift for-en, ..... ,., __ YEAllt I 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 KENT PLACE METROPOLITAN DISTRICT Development Projection (updated OI/H/07) Rnldentlal ell, l • I2mc l IM&f!!ldl lncr/10.Cr) In Finished Lot I Unlla Price I Lota v ..... Completad 1nn.1ec1 . 0.wf'd 10'Jf, IJta I 2% 0 0 0 0 $1 ,175,000 53 6 ,227 ,SOC 1,198,500 0 1s.221 .sr 53 1,222,470 0 0 0 1,246,919 0 0 0 1,271,858 0 0 0 1,297,295 0 0 0 1,323,241 0 0 0 1,349,706 0 0 0 1,376,700 0 0 1,404,234 53 0 53 917/2007 E KPM> NR Fin Plan 07 Marllet I Lota Value o.verd 0 0 0 0 0 22 64 ,790,910 0 0 0 0 0 0 0 0 0 0 0 0 0 -- 64 ,7 90,910 22 Page 1 of5 PIJ . l • Rrm!!OYI!!! PIJ, 1 • !!!!!!![ i (e1nr211l lncr/10.cr) In lncr/10.Cr) In Finished Lot I Units Price Finished Lot t Unit& Price v ...... Completed tnn.tec19 Marllat I Lota Value9 Completed 1nn.1ec1. Marbt 10% 22ta et 2% Value O.vefd 10% ,. target 2% Value 0 0 0 0 0 0 $1 ,330,000 0 0 0 $1,175,000 0 2,926,000 1,356,600 0 32 3,760,000 1,198,500 0 (2 ,926 ,000) 22 1,383 ,732 30,442,104 4 (3,290,000) 32 1,222,470 39,119,040 0 0 1,411 ,407 0 0 (470 ,000) 4 1,246,919 4 ,987,678 0 0 1,439,635 0 0 0 0 1,271 ,858 0 0 0 1,468,427 0 0 0 0 1,297,295 0 0 0 1,497,796 0 0 0 0 1,323,241 0 0 0 1,527 ,752 0 0 0 0 1,349,706 0 0 0 1,558,307 0 0 0 0 1,376,700 0 0 0 1,589,473 0 0 0 1,404,234 0 --------- 0 22 30 ,442,104 36 0 36 44,106,718 ~ Prepared by D.A David~ \Co· "' YEAII 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 KENT PLACE METROPOUTAN DISTRICT De '9'°PIMM Pn,jec:tlon (updated Dll'Dl/07) eb, 1awa1a lncr#(Oecr) In Flnlehed Loi • Unlls Price flola v-e c ............. ........... Matut o....r~ , ... Utanat 2'I!. Value 0 0 0 0 0 $1 ,660 ,000 0 0 0 1,693 ,200 0 0 0 1,727 ,064 0 11 1,826 ,000 1,761 ,605 0 2 (1,494,000) 11 1,796,837 19,765 ,211 0 (332 ,000) 2 1,832,n 4 3,665 ,548 0 0 0 1,869,430 0 0 0 0 1,906,818 0 0 0 0 1,944 ,955 0 0 0 1,983 ,854 0 13 0 13 23,430,760 9/7/'l007 E KPMO NR Fin Plan 07 lncr#(Oecrl In Finished Loi f Lola Value. De...rd , ... 0 0 0 0 0 0 0 0 76 8,930,000 28 (5 ,640,000) 8 (2 ,350,000) 0 (940 ,000) 0 0 0 0 0 -- 112 (0) Page2of5 InlL1 flJ.iWntfl. lncr#(Oecr) In • Units Price Finished Loi .Units Price Completed ........... Marbt flola v ...... Complatlcl ........... _, 1121anal 2'I!. Value Deval'd 10% 101a..-2'I!. v- 0 0 0 0 $1 ,175 ,000 0 0 0 $2,100,000 0 1,198 ,500 0 0 0 2,142,000 0 1,222,470 f 0 0 0 2,184,840 0 1,246 ,919 0 9 1,890,000 2,228,537 0 76 1,271 ,858 96 ,661,192 1 (1 ,680,000) 9 2,273,108 20 ,457,968 28 1,297,295 36,324,258 0 (210 ,000) 1 2,318,570 2,318,570 8 1,323,24 1 10,585,927 0 0 0 2,364,941 0 0 1,349,706 0 0 0 0 2,412,240 0 0 1,376,700 0 0 0 0 2,460,485 0 0 1,404,234 0 0 0 2,509,694 0 ------ 112 143,571,3n 10 0 10 22,776,538 Abs Prepared by D.A Davidson & Co. \ YEAR 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 KENT PLACE METROPOLITAN DISTRICT Development Projection (updated 0....,..,,7) T2mc ~ !DDb21!!U lncr/(0.cr) In Finished Loi t Units Price t Lota va1uee Completad lnllatH9 Markel I o..,.,.t1 10% 17 ta,vat 2"4 Value 0 0 0 0 0 $1 ,100,000 0 0 0 1,122,000 0 0 0 1,144,440 0 15 1,650,000 1,167,329 0 2 (1 ,430,000) 15 1,190,675 17,860,131 0 (220,000) 2 1,214,489 2 ,428,978 0 0 0 1,238,779 0 0 0 0 1,263,554 0 0 0 0 1,288,825 0 0 0 1,314,602 0 17 0 17 20 ,289,108 W7f2007 E KPMD NR Fin Plan 07 Page3ot5 Residential Summary I eb, a -1i111 T2m1b2m11 lncrl(Oecr) In Finished Loi t Units Price Total tlota vaiu.e CompletH lnllat8d9 Martiat RHlclanlial Total Devel'd 10% 7 ta,vet 2"4 Value MartiatValue Rea1Unlts 0 0 0 $0 0 0 0 $1 ,400,000 0 0 0 0 0 1,428,000 0 0 0 0 0 1,456,560 0 134,352,054 107 6 840,000 1,485,691 0 4 ,987,678 4 1 (700,000) 6 1,515,405 9,092,430 154,744,502 117 0 (140,000) 1 1,545,713 1,545,713 44,737,354 34 0 0 0 1,576,627 0 10,585,927 8 0 0 0 1,608,160 0 0 0 0 0 0 1,640,323 0 0 0 0 0 1,673,130 0 0 0 ------ 7 0 7 10,638,143 349,407,514 270 Abs Prepared by DA Davidson ·~ Co. ( YEAR 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 K ENT PLACE METROPOUTAN DISTRICT Development Pr ojection (updated 08/06l07) Commercial .Bl1lll lncr1(0ec:r) In Flnlehedlol Squa re ft per Sq Ft, SF Value8 Completed lnllllted8 lkrllet 0.vel'd 10% 25,llSta et 2% Value 0 0 0 0 0 $150.00 0 25 ,935 389,025 $153.00 0 0 (389,025) 25,935 $156.06 4 ,047,416 0 0 $159.18 0 0 0 $162 .36 0 0 0 $165.61 0 0 0 $168 .92 0 0 0 $172 .30 0 0 0 $175.75 0 0 $179.26 0 25,935 0 25 ,935 4,047,416 9/7fl007 E KPMD NR Fin Plan 07 lncrt(Dec:r) In Finished lot SF V•lue9 Devel'd 10% 0 0 0 0 11 ,602 139,224 0 (139 ,224) 0 0 0 0 0 0 0 0 0 0 0 0 0 -- 11 ,602 0 Abs P8\je4of5 Qffla Bnlll!r!lll lncr1(0ec:r) In Square ft per Sq Fl, Finished lot Square Ft perSqfl, Completed Inflated 9 Martcet SF v ...... Completed lnllated 9 Martcet 11,I02 target 2% Value o. .. rd 10% 7,011 target 2% Value 0 0 0 0 $120.00 0 0 0 $250.00 0 $122.40 0 0 0 $255.00 0 11,602 $124.85 1,448,486 7,019 175 ,475 $260.10 0 $127 .34 0 0 (175,475) 7,019 $265.30 1,862.155 $129.89 0 0 0 $270.61 0 $132 .49 0 0 0 $276 .02 0 $135.14 0 0 0 $281 .54 0 $137.84 0 0 0 $287.17 0 $140.60 0 0 0 $292 .91 0 $143.41 0 0 $298.77 0 --- 11,602 i 1,448,486 I 7,019 0 7,019 1,862.155 Prepared by D.A Davidson & Co. YEAR 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 9/7/2007 E KPMD NR Fin Plan 07 KENT PLACE METROPOLITAN DISTRICT Development Projection (updated OIIO&I07) ~ lncrl(Decr) In Finished Lot SquaNFI per Sq Ft, SF Value. Complttocl lnllalacl. Martial o. ... rd 10% 1,14418 2% Value 0 0 $0 0 0 $150.00 0 0 0 $153.00 0 0 0 $156.06 0 6,944 104,160 $159.18 0 0 (104,160) 6 ,944 $162.36 1,127,461 0 0 $165.61 0 0 0 $168.92 0 0 0 $172.30 0 0 0 $175.75 0 0 $179.26 0 -- 6,944 0 6,944 1,1 2 7,461 Abs Page5of5 Commercial Summary GRAND Annualllarbl TOTAL Total Value+/.of c-rc1a1 C-rclal PlatlH& MarllatValue Fl Defflo Lots 0 0 0 0 0 0 0 0 13,691,550 5,495,903 37,537 (13,046,075) 1,862,155 7,019 13,754,685 1,127,461 6 ,944 (10,348,160) 0 0 (3 ,112,000) 0 0 (940,000) 0 0 0 0 0 0 0 0 0 8,485,519 51 ,500 0 Prepared by DA Oavidsc:J,, ~ Co. SOURCES AND USES OF FUNDS KENT PLACE METROPOLITAN DISTRICT SERIES 2008 G.O. BONDS Non-Rated, 30-Year Maturity Sourc:ea: Dated Date Delivery Date Bond Proceeds : Par Amount Uan: Project Fund Deposits : Project Fund Deposit Other Fund Deposits : Capitalized Interest Fund Debt Service Reserve Fund Delivery Date Expenses: Cost of Issuance 12/01/2008 12/01/2008 17 ,650,000.00 17,650,000.00 12,456,397.00 2,959,203 .00 1,528,400.00 4,487,603.00 706,000.00 17,650,000.00 (Kent ll'lem MO oe HIP0707"41N"350) P• 1 r ...,·----·-·-··-4 ... .,.'·· ... _ .. ,-= -·=...,...--- BOND DEBT SERVICE KENT PLACE METROPOLITAN DISTRICT SERIES 2008 G.O. BONDS Non-Rated, 30-Year Maturity Period Debt Ending Prlnclpal Coupon Interest Service 06/01/2009 529 ,500 529 ,500 12/01/2009 529,500 529,500 06/01/2010 529 ,500 529 ,500 12/01/2010 529,500 529,500 06/01/2011 529,500 529 ,500 12/01/2011 529,500 529,500 06/01/2012 529,500 529 ,500 12/01/2012 529 ,500 529,500 06/01/2013 . 529,500 529,500 12/01/2013 45,000 6.000% 529,500 574,500 06/01/2014 528,150 528 ,150 12/01/2014 165,000 6.000% 528,150 693 ,150 06/01/2015 523 ,200 523 ,200 12/01/2015 200,000 6.000% 523 ,200 723 ,200 06/01/2016 517,200 517,200 12/01/2016 235 ,000 6.000% 517,200 752,200 06/01/2017 510,150 510 ,150 12/01/2017 245,000 6.000% 510,150 755,150 06/01/2018 502 ,800 502 ,800 12/01/2018 285,000 6.000% 502,800 787 ,800 06/01/2019 494,250 494,250 12/01/2019 305,000 6 .000% 494,250 799,250 06/01/2020 485,100 485 ,100 12/01/2020 345,000 6 .000% 485,100 830 ,100 06/01/2021 474,750 474 ,750 12/01/2021 365 ,000 6 .000% 474 ,750 839 ,750 06/01/2022 463 ,800 463 ,800 12/01/2022 415,000 6 .000% 463 .800 878 ,800 06/01/2023 451 ,350 451 ,350 12/01/2023 435 ,000 6.000% 451 ,350 886,350 06/01/2024 438 .300 438,300 12/01/2024 490,000 6 .000% 438 ,300 928 ~.,,, 06/01/2025 423 ,600 423 ,u .~ 12/01/2025 520 ,000 6 .000% 423 ,600 943,600 06/01/2026 408,000 408 ,000 12/01/2026 575,000 6.000% 408 ,000 983,000 06/01/2027 390,750 390 ,750 12/01/2027 610,000 6 .000% 390 ,750 1,000 ,750 06/01/2028 372,450 372 ,450 12/01/2028 675,000 6 .000% 372 ,450 1,047 ,450 06/01/2029 352,200 352,200 12/01 /2029 715,000 6 .000% 352 ,200 1,067,200 06/01/2030 330,750 330 ,750 12/01/2030 785 .000 6 .000% 330,750 1,115,750 06/01/2031 307 ,200 307 ,200 12/01/2031 830,000 6.000% 307 ,200 1,137 ,200 06/01/2032 282 ,300 282 ,300 12/01/2032 905 ,000 6 .000% 282,300 1,187,300 06/01/2033 255 ,150 255 ,150 12/01/2033 960,000 6 .000% 255 ,150 1,215,150 06/01/2034 226 ,350 226,350 12/01/2034 1,045 ,000 6 .000% 226,350 1,271 ,350 06/01/2035 195 ,000 195 ,000 12/01/2035 1,110,000 6.000% 195 ,000 1,305 ,000 06/01/2036 181 ,700 181 ,700 12/01/2038 1,205.000 8.000% 161 ,700 1,368 ,700 06/01/2037 125,550 125,550 12/01/2037 1,275,000 8.000% 125 ,550 1,400 ,550 06/01/2038 87 ,300 87 ,300 12/01/2038 2,910,000 8 .000% 87 ,300 2,997 ,300 17 ,850 ,000 23 ,909 .700 41 ,559 ,700 p 1, 2007 4 23 pm P,-pa,wd by DA. OIIYldeon & Co QuanlilaM Gtoutt-PM Annual Debt Service 1,059,000 1,059 ,000 1,059 ,000 1,059,000 1,104,000 1,221 ,300 1,246,400 1,269,400 1,265 ,300 1,290,600 1,293,500 1,315 ,2 00 1,314 ,500 1,342,600 1,337,700 1,366,600 1,367 ,200 1,391 ,000 1,391,500 1,419 ,900 1,419 ,400 1,446 ,500 1,444 ,400 1,469 ,800 1,470 ,300 1,497 ,700 1,500 ,000 1,528 ,400 1,528 ,100 3,064 ,800 41 ,559 ,700 (KM MD Ol 1SlP0701~1N .. 350) Pave 2 ------.. ii '3 -- I I t I I : l ! I j l . ' I ! I l NET DEBT SERVICE KENT PLACE METROPOLITAN DISTRICT SERIES 2008 G.O. BONDS Non-Rated, 30-Year Maturity Total Debt Service Capltallzed Net Annual Date Principal Int.mt DebtSemc:e Gen.Fund Rnerve Fund Int.mt Fund Debt Service Net DIS 06/01/2009 529,500 529,500 -70,281 .07 599,781.07 12/01/2009 529,500 529,500 -58,567.56 5118.067 .56 06/01/2010 529,500 529,500 --46 ,854.05 576.354.05 12/01/2010 529,500 529,500 -35,140.54 564,640.54 06/01/2011 529,500 529,500 -23,427.02 552,927.02 12/01/2011 529,500 529,500 -11 ,713.51 541,213.51 06/01/2012 529 ,500 529,500 245,983.75 36,299.50 247,216.75 12/01/2012 529 ,500 529,500 36,299.50 493,200.50 740,417.25 06/01/2013 529,500 529,500 36,299.50 493,200.50 12/01/2013 45,000 529 ,500 574,500 36,299.50 538,200.50 1,031 ,401 .00 06/01/2014 528,150 528,150 36,299.50 491,850.50 12/01/2014 165,000 528,150 693,150 36,299.50 656,850.50 1,148,701 .00 06/01/2015 523,200 523,200 36,299.50 486,900.50 12/01/2015 200,000 523,200 723,200 36,299.50 686,900.50 1,173,801 .00 06/01/2016 517,200 517,200 36,299.50 480,900.50 12/01/2016 235,000 517.200 752,200 36,299.50 715,900.50 1,196,801 .00 06/01/2017 510,150 510,150 36,299.50 473,850.50 12/01/2017 245,000 510,150 755,150 36,299.50 718,850.50 1,192,701 .00 06/01/2018 502,800 502,800 36,299.50 466,500.50 12/01/2018 285,000 502,800 787,800 36,299.50 751,500.50 1,218,001 .00 06/01/2011 494,250 494,250 36,299.50 457,950.50 12/01/2011 305,000 494,250 799,250 36,299.50 762,950.50 1,220,901 .00 06/01/2020 485,1 00 485,100 36,299.50 448,800.50 12/01/2020 345,000 485,100 830,100 36,299.50 793,800.50 1,242,601 .00 06/01/2021 474,750 474,750 36,299.50 438,450.50 12/01/2021 365,000 474,750 839,750 36,299.50 803,450.50 1,241,901 .00 06/01/2022 463,800 463,800 36,299.50 427,500.50 12/01/2022 415,000 463,800 878,800 36,299.50 842,500.50 1,270,001 .00 06/01/2023 451 ,350 451 ,350 36,299.50 415,050.50 12/01/2023 435,000 451 ,350 886,350 36,299.50 850,050.50 1,265.101 .00 06/01/2024 4 38 ,300 438,300 36,299.50 402,000.50 12/01/2024 490,000 438,300 928,300 36,299.50 892,000.50 1,294 ,001 .00 06/01/2025 423,600 423,600 36,299.50 387,300.50 12/01/2025 520,000 423,600 943.600 36,299.50 907,300.50 1,294,601 .00 06/01/2026 408 ,000 408,000 36,299.50 371 ,700.50 12/01/2026 575,000 408 ,000 983 ,000 36,299.50 946,700.50 1,318,401 .00 06/01/2027 390,750 390,750 36,299.50 354,450.50 12/01/2027 610,000 390.750 1,000,750 36,299.50 964,450.50 1,318,901 .00 06/01/2028 372,450 372,450 36,299.50 336,150.50 12/01/2028 675,000 372,450 1,047,450 36,299.50 1,011,150.50 1,347,301.00 06/01 /20211 352,200 352,200 36,299.50 315,900.50 12/01/20211 715,000 352,200 1,067,200 36,299.50 1,030,900.50 1,346,801.00 06/01/2030 330,750 330,750 36,299.50 294,450.50 12/01/2030 785,000 330,750 1,115,750 36,299.50 1,079,450.50 1,373,901 .00 06/01/2031 307,200 307,200 36,299.50 270,900.50 12/01/2031 830,000 307,200 1 ,137,200 36,299.50 1,100,900.50 1,371,801 .00 06/01/2032 282,300 282,300 36,299.50 246,000.50 12/01/2032 905,000 282,300 1,187,300 36,299.50 1,151 ,000.50 1,397,001.00 06l01/2033 255,150 255,150 36,299.50 218,850.50 12/01/2033 960,000 255,150 1,215,150 36,299.50 1,178,850.50 1,397 .701 .00 06/01/2034 226,350 226,350 36,299.50 190,050.50 12/01/2034 1,045,000 226,350 1,271 ,350 36,299.50 1,235,050.50 1,425,101 .00 06/01/2035 195,000 195,000 36,299.50 158,700.50 Sep 7 , 2007 4 :23 pm PNpe,ed by DA Or.idlOn & Co Quantitative Group-PM (Kent Pllloe MD 06:ESEP0707--08NR35D) Page 3 Date Prlnclpal lnternt 12/01/2035 1,110,000 195,000 06/01/2036 161 .700 12/01/2036 1,205,000 161 ,700 06/01/2037 125.550 12/01/2037 1,27 5,000 125,550 06/01/20311 87 ,300 12/01/20311 2 ,910,000 87 ,300 17,650,000 23 ,909 ,700 Sep 7, 2007 4 :23 pm Prepe,9d by 0.A. OevidlOl'I & Co Quantitative Group-PM NET DEBT SERVICE KENT PLACE METROPOLITAN DISTRICT SERIES 2008 G.O. BONDS Non-Rated, 30-Year Maturity Total Debt Service Cepltallzecl O.btS.mc• Gen.Fund RNerwFund lnterNt Fund 1,305,000 36,299.50 161 ,700 36,299.50 1,366,700 36,299.50 125,550 36,299.50 1,400,550 36 ,299.50 87,300 36,299.50 2 ,997,300 1,564,699.50 41 ,559,700 0.00 3,488,573.00 3,422,983.75 Net Debts.me. 1,268.700.50 125,400.50 1,330,400.50 89,250.50 1,364,250.50 51,000.50 1,432,600.50 34,848,143.25 Annual Net DIS 1.427,401.00 1,455 ,801 .00 1,453,501.00 1,483,601 .00 34 ,648,143.25 (Kent Place MO 06:ESEP0707--08NR350) Page 4 350, r, CAPITALIZED INTEREST FUND KENT PLACE METROPOLITAN DISTRICT SERIES 2008 G.O. BONDS Non-Rated, 30-Year Maturity Capitalized Interest Fund lnt-t Debt Service Scheduled Date Deposit @4.75% Principal R8Hrvefund Debt Service Draws Balance 12/01/2008 2,959,203 2,959,203.00 06/01/2009 70,281 .07 493,200.50 36,299.50 -70,281 .07 529,500 2,466,002 .50 12/01/2009 58 ,567.56 493,200.50 36,299.50 -58,567.56 529,500 1,972,802 .00 06/01/2010 46,854.05 493,200.50 36,299.50 -46,854 .05 529,500 1,479,601 .50 12/01/2010 35 ,140.54 493,200.50 36,299.50 -35,140.54 529,500 986,401 .00 06/01/2011 23,427.02 493,200.50 36,299.50 -23,427.02 529,500 493,200.50 12/01/2011 11 ,713 .51 493,200.50 36,299.50 -11 ,713.51 529,500 2,959,203 245 ,983 .75 2,959 ,203 .00 217 ,797 .00 -245 ,983.75 3,177,000 Sep 7, 2007 4:23 pm PYwpaf9CI by DA Dllwlson & Co Quantitative Group-PM (Kent Place MD 06 :ESEP0707--08NR35D) Page 5 DEBT SERVICE RESERVE FUND KENT PLACE METROPOLITAN DISTRICT SERIES 2008 G.O. BONDS Non-Rated, 30-Year Maturity Debt Service Reserve Fund Int.mt Capltallzed Data Depoalt 04.71% Prtnclpal lntarnt Fund Debt Service Balanca 12/01/2008 1,528 ,400 1,528 ,400 08/01/2009 36 ,299 .50 -38 ,299 .50 1,528 ,400 12/01/2009 38 ,299 .50 -38 ,299 .50 1,528 ,400 06/01/2010 38 ,299 .50 -38,299 .50 1,528 ,400 12/01/2010 36 ,299 .50 -38 ,299 .50 1,528 ,400 06/01/2011 36 ,299.50 -38 ,299.50 1,528 ,400 12/01/2011 38 ,299.50 -36 ,299.50 1,529,400 06/01/2012 38 ,299 .50 -38,299 .50 1,528 ,400 12/01/2012 38,299.50 -36 ,299.50 1,528 ,400 08/01/2013 36,299 .50 -38,299.50 1,528 ,400 12/01/2013 36,299.50 -36 ,299.50 1,528,400 06/01/2014 38,299 .50 -38,299.50 1,528 ,400 12/01/2014 38,299 .50 -38.299 .50 1,528,400 08/01/2015 311 ,299 .50 -36,299.50 1,528,400 12/01/2015 38,299 .50 -36 .299.50 1,528,400 08/01/2016 38 ,299 .50 -36 ,299 .50 1,528,400 12/01/2016 36 ,299.50 -36 ,299 .50 1,526 ,400 08/01/2017 36,299.50 •36 ,299.50 1,528 ,400 12/01/2017 311 ,299 .50 -38 .299 .50 1,528 ,400 06/01/2018 36,299 .50 -36 ,299 .50 1,526 ,400 12/01/2018 36,299.50 -38 ,299.50 1,528,400 08/01/2019 38 ,299 .50 -38 ,299.50 1,528,400 12/01/2019 36 ,299 .50 -36 .299 .50 1,528,400 06/01/2020 38 ,299 .50 -38 ,299.50 1,528,400 12/01/2020 36 ,299 .50 -36,299.50 1,526 ,400 08/01/2021 36 ,299 .50 -38.299.50 1,526 .. 400 12/01/2021 36 ,299 .50 -36 ,299.50 1,528,400 06/0 1/2022 36 ,299 .50 -36 ,299 .50 1,528 ,400 12/01/2022 38 ,299.50 -38 ,299 .50 1,528 ,400 08/01/2023 38 ,299 .50 -38 ,299 .50 1,528,400 12/01/2023 36 ,299 .50 -38 ,299.50 1,528,400 08/01/2024 38 ,299 .50 -36 ,299 .50 1,528,400 12/01/2024 38,299 .50 -38 .299.50 1,528 ,400 06/01/2025 38,299 .50 -36 .299.50 1,528 ,400 12/01/2025 38,299 .50 -36,299.50 1,528 ,400 06/01/2028 38,299.50 -38 .299.50 1,528 ,400 12/01/2028 36 ,299.50 -36 .299 .50 1,528,400 08/01/2027 36 ,299 .50 -36 ,299 .50 1,528,400 12/01/2027 38,299 .50 -38 ,299.50 1,528 ,400 08/01/2028 36,299 .50 -36 ,299.50 1,528 ,400 12/01/2028 36 ,299 .50 -36 .299.50 1,528 ,400 06/01/2029 36 ,299 .50 -38.299.50 1,528 ,400 12/0 1/2029 36 ,299.50 -36 .299.50 1,528 ,400 08/01 /2 0 30 38 ,299.50 -36 ,299 .50 1,528 ,400 12/0 1/2 030 36 ,299.50 -36 ,299 .50 1,528 ,400 08/01/2 03 1 38 ,299.50 -36 ,299 .50 1,528,400 12/01/2031 38 ,299 .50 -38 ,299 .50 1,52 8,400 08/01/2032 311 ,299 .50 -38 ,299 .50 1,528,400 12/01/2032 36 ,299 .50 -36 .299 .50 1,528 ,400 06/01/2033 38 ,299 .50 -38 ,299.50 1,528 ,400 12/01/2033 38,299 .50 -38 ,299.50 1,528,400 08/01/2034 36,299.50 -38 ,299.50 1,528,400 12/01/2034 38,299.50 -38 ,299.50 1,528 ,400 06/01/2035 38 ,299 .50 -38.299.50 1,528 ,400 12/01/2035 38,299.50 -38 ,299 .50 1,528,400 08/01/2038 38 ,299.50 -38 .299 .50 1,52 8,400 12/01/20311 38 ,299.50 -38 ,299.50 1,528 ,400 08/01/2037 38 ,299.50 -38 ,299.50 1,528 ,400 12/01/2037 38 ,299.50 -38 .299.50 1,528 .400 08/01/2038 311 ,299 .50 -38 ,299.50 1,528 ,400 12/01/2038 38 ,299 .50 1,528 ,400 0 1,SM ,1199 .50 1,528 ,400 2 ,177,970 .00 1,528 ,400 -217 ,797.00 •3 ,481 ,573 .00 Sep 7, 2007 4 23 pm P,.pa* by O A. OavldlOII & Co Quan~ Gnlup-PM (Kent "'-MO Ol:ESEl'0707-GIHIUIO) , ... e ~-.. EXHIBITG Intergovernmental Agreement between the Districts and Englewood r ( I IS6-l . 7. D ' I J 1 : I • I l I ' . ( INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND KENT PLACE METROPOLITAN DISTRICT NO. 1 AND KENT PLACE METROPOLITAN DISTRICT NO. 2 THIS AGREEMENT is made and entered into as of this _ day of ____ _ ___ , by and between the CITY OF ENGLEWOOD, a home-rule municipal corporation of the State of Colorado (the "City"), and KENT PLACE METROPOLITAN DISTRICT N0.1 and KENT PLACE METROPOLITAN DISTRICT N0.2, quasi-municipal corporations and political subdivisions of the State of Colorado (the "Districts"). The City and the Districts are collectively referred to as the Parties. RECITALS WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan approved by the City on ("Service Plan"); and --------- WHEREAS , the City and the Districts have determined it to be in the best interests of their respective taxpayers , residents and property owners to enter into this Intergovernmental Agreement (" Agreement"). NOW, THEREFORE , in consideration of the covenants and mutual agreements here in contained, and for other good and valuable considerat ion , the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS Operations and Maintenance Limitation . The Districts shall dedicate certain Publi c Impro vem ent s to th e Ci ty or other appropriate juri sdiction in a manner con sis ten t with Ap pro ve d Deve lopment Plans and rul es and regulations o f the City and appl ic abl e provisions of the City's or dinances. The Districts shall be au th orize d to ow n, opera te and maintain any part or all of the Public Improvements not dedicated to the City or other appropriate jurisdiction . Determination of specific Public Improvements to be dedicated to the City and/or other governmental entities , or to be retained by the Districts, will be the subject of separate actions and agreements among interested parties. 2. Total Debt Issuance Limitation. The Districts shall not issue Debt in excess of $30,000,000. 3. Construction Standards Limitation . The Districts shall ensure that the Public Improvements to be dedicated to the City or other appropriate jurisdiction are designed and constructed in accordance with the standards and specifications of the City and of other ( governmental entities having proper jurisdiction. The Districts will obtain the City's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 4. Consolidation Limitation. The Districts shall not file a request with any Court to consolidate with another Title 32 district without the prior written consent of the City. 5. Bankruptcy Limitation. All of the limitations contained in the Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, and the Fees have been established under the authority of the City to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C .R.S. It is expressly intended that such limitations: (a) Shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U .S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy Jaw" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy, shall be deemed a material modification of the Service Plan pursuant to Section 32-1-207, C.R.S . and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan Amendment. 6 . Service Plan Amendment Requirement. Actions of the Districts which violate the limitations set forth in the Service Plan shall be deemed to be material modifications to the Service Plan and the City shall be entitled to all remedies available under State and local law to enjoin such actions of the Districts . 7 . Sales and Use Tax. The Districts shall not e x ercise their sales and use tax exemption in a manner that would reduce or cause a Joss of sales or use tax revenues due to the City from th e construction of the Public Improvements or from the provi s ion of District A c ti v it ies. 8. Consolidation/Dissolution. The consolidation of any District with any other special district shall be subject to the approval of the City. Each District will take all action necessary to dissolve pursuant to Section 32-1-701, et. seq ., C.R.S ., as amended from time to time, at such time as it does not need to remain in existence to discharge its financial obligations or perform its services. In no event sh all d iss ol uti on occur until the D istrict h as provid ed for the paym ent or di scharge of a ll o f its o utstanding inde btedness an d oth er fina n cial o b ligations as required pursuant to State s tatutes. 9 . Disclosure to Purchasers. The Districts will use reasonable efforts to assure that all developers of the property located within the Districts provide written notice to all purchasers of property in the Districts regarding the Maximum Debt Mill Levy , as well as a general description of the Districts' authority to impose and collect rates, Fees, tolls and charges. 190 156-3 2 ( 10. Multiple District Structure. It is anticipated that the Districts, collectively, ( will undertake the financing and construction of the Public Improvements . The nature of the functions and services to be provided by each District shall be clarified in an intergovernmental agreement between and among the Districts. Such intergovernmental agreement will be designed to help assure the orderly development of the Public Improvements and essential services in accordance with the requirements of the Service Plan. Implementation of such intergovernmental agreement is essential to the orderly implementation of the Service Plan. Accordingly, any determination of any Board to set aside said intergovernmental agreement without the consent of all of the Districts shall be a material modification of the Service Plan. Said intergovernmental agreement may be amended by mutual agreement of the Districts without the need to amend the Service Plan. 11. Annual Report . Upon the request of the City, the Districts shall be responsible for submitting an annual report to the City Manager's Office no later than August 1st of each year following the year in which the Order and Decree creating the Districts has been _recorded, containing the information set forth in Section VII of the Service Plan. 12. Maximum Debt Mill Levy . The "Maximum Debt Mill Levy" shall be the maximum mill levy any District is permitted to impose upon the Taxable Property within the District for payment of Debt, and shall be determined as follows: (a) For the portion of any aggregate District 's Debt which exceeds fifty percent (50%) of the District's assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be fifty (50) mills less the number of mills necessary to pay unlimited mill le vy Debt described in Section VI.C.2 of the Service Plan ; provided that if there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes , such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible , the actual ta x revenues generated by the mill levy, as adjusted for changes , are neither dimini shed nor enhanced as a result of such changes . For purposes of the foregoing , a change in the ratio o f actu al valuation shall be deemed to be a change in the method of calculating assess ed valuation . (b) For the portion of any aggregate District's Debt which is equal to or less than fifty percent (50%) of the District's assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate . (c) For purposes of the foregoing, once Debt has been determined to be within Section VI.C .2 of the Service Plan, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, the District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in the District's Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S . and all other requirements of State law . 1901S6·3 3 To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term "District" as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition. 13. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the address or by courier delivery, via United Parcel Service or other nationally recognized overnight air courier service, or by depositing same in the United States mail, postage prepaid, addressed as follows : To the District: To the City: Kent Place Metropolitan District c/o White, Bear & Ankele Professional Corporation Attention : Kristen D. Bear 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 Phone:(303)858-1800 Fax: (303) 858-1801 City of Englewood c/o Daniel L. Brotzman, City Attorney Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 Phone: (303) 762-2320 All notices, demands , requests or other communications shall be effective upon such personal delivery or one ( 1) business day after being deposited with United Parcel Service or other nationally recognized overnight air courier service or three (3) business days after depo si t in the United States mail. By giving the other party hereto at least ten (10) days written noti ce thereof in accordance with the provi sions hereof, each of the Parties shall have the right from time to time to c hange its addre ss . 14 . Amendment. This Agreement may be amended, modified , changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the Parties hereto and without amendment to the Service Plan. 15. Assignment. No Party hereto shall assign any of its r ig hts nor d eleg at e any of its duties hereunder to any perso n or entity without having first o btai n ed th e pri o r writt en consent of the other Party, which consent will not be unreasonably withh e ld . An y purporte d assignment or delegation in violation of th e p rovisions hereof shall be void an d ineffec tu al. 16 . Default/Remedies. In the event of a breach or default of this Agreement by any Party, the non-defaulting Party shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages . In I I. ) 4 C l the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing Party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys' fees. 17. Governing Law and Venue. This Agreement shall be governed and construed under the laws of the State of Colorado. 18. lnurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 19 . Integration. This Agreement constitutes the entire agreement between the Parties with respect to the matters addressed herein. All prior discussions and negotiations regarding the subject matter hereof are merged herein. 20. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the Districts and the City any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Districts and the City shall be for the sole and exclusive benefit of the Districts and the City. 21. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein, the intention being that such provisions are severable. 22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same document. 23 . Paragraph Headings. Paragraph headings are in serted for convenience of reference only. 24. Defi n ed Terms. Cap italized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Service Plan . /Remainder of page intentionally left blank./ I I 3 s IN WITNESS WHEREOF, the Districts and the City have caused this Agreement to be duly executed to be effective as of the day first above written. KENT PLACE METROPOLITAN DISTRICT 1 By:---------------- President Attest: Secretary KENT PLACE METROPOLITAN DISTRICT 2 By:---------------- President Attest: Secretary CITY OF ENGLEWOOD By:---------------- Attest: By: __________ _ Its : ----------- APPROVED AS TO FORM:----------- I I S6-3 6 0