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2007-11-05 (Regular) Meeting Agenda Packet
AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 5, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7:t/c) ~ 2. Invocation~ 3. Pledge of Allegiance.~ 4. RollCall. &/ 7 ~ 5. Consideration of Minutes of Previous Session . (){)d /a-a. Minutes from the Regular City Council meeting oLOctober 15, 200~A-i:. '51/Pf,(t.[) ~ '1-o ~~17_1l; ~AJ~.1;w si'v1AJv1-'· 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) 7. 8. 9 . fr Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion.) a. ~l?AAJIL l)eflotr -1Jo6 1£,tt!.eli..111Wr u:n-~A) /J1:J11A-~ ~~PE/l.rl Comm unications, Pr oclamatio ns, and A ppoi ntments . ;:zy- Conse nt A genda Items . a. ~of Ordinances o n Fir st Reading. ,. 6) ~~P:J;'/z/tJ~ o n Seco nd Rea~l.f,/;I.JT /¥-Ja}IJA ~ 9~i~ llii. c;- --V i. Coun ci l Bill N o. auth orizi n g th e vac ation of two ut ili ty ease m ents located at 9 ~ !2{f :#I// U .S. H ighway 28 5 and So uth Sa nta Fe Drive. . Plea . note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2407) at lea st 48 hours in advance of when services are needed . Thank you. Englewood City Council Agenda November 5, 2007 Page 2 ii. iii. v i. Council Bill No. 6 2, authorizing a Permit -City Ditch Crossing Agreement and a Temporary Construction Easement for a telecommunications cable along South Santa Fe Drive at Wolhurst and C-4 70 between Qwest and the City of Englewood. Council Bill No. 63, approv ing and authorizing an Intergov ernmental Agreement for the Internet Crimes against Children Regional Task Force between the City of Colorado Springs and the City of Englewood . Council Bill No. 64, approving and authorizing an Intergovernmental Agreement entitled Denver Innocent Images Task Force Memorandum of Understanding between the Federal Bureau of In vestigation and the City of Englewood. Council Bill No. 66, approv ing a Joint Defense and Confidentiality Agreement between the City of Aurora, the Northern Colorado Water Conse rv ancy, and the C ity of Engle w ood. 67tl#ttv Council Bill No. 6 7, authorizing an Intergovernmental Agreement between the City of Englewood and the Regional Transportation District for cost sharing for operation of the art shuttle through the end of 200 7. NJ/::~ 1 v ii. Council Bill No. 68, authorizing the Ci ty of Engle w ood 's representation on the Rock y Mountain Rail Authority. c. . Resolutions and Motions. 10. a. b. C. i. Recommendation from the Englewood Public Library to adopt a Resolution authorizing the Libra ry's "Winter Food for Fines " program from Monday, Novemb er 26 through Sunda y, December 9. STAFF SOURCE: Hank Long, Director of Library Services. ng Items. (None sche dul ed.) Approurdinances on First Reading. Approv~dinances on Second Reading. ResoluJfn's and Motions. i. Recommendation from the Community Development Department to approve, Offd1-0 • by MotjonJ.he South Broadway Englewood Business Improvement Dist rict Operating Plan and Proposed 2008 Budget. STAFF SOURCE : D arren H o llin gs w orth , Eco nom ic D eve lopment Coord inator.~ Pl ea e n Englewood City Council Agenda November 5, 2007 Page 3 ii. ~?-o Recommendation from the Parks and Recreation Department to approve, by Motion, a bid for additional filtration at Pirates Cove. Staff recommends awarding this bid to CEM Sales and Service, the sole bidder, in the amount of $110,327 . STAFF SOURCE: JePPell Blaelt, Bi,ee.ter gf J?ark& and R@GFHtien, -and Gary Hultberg, Manager of Recreation~ Recommendation from the Community Dev elopment Department to approve a Resolution authorizing the transfer of funds to South Suburban Park and Recreation District in the amount of $437,500 for the purchase of the Oxbow property. STAFF SOURCE: Alan White, Director of Community Developmen~ 1 2. Jeral Discussion. a Mayor Pro Tern 's Choice. ' Council Members ' Choice. /&t)Jf-ty; I~ t /}.J,oJl-9y { Resolution establishing the annual salary for the City Manager. Resolution establishing the annual sala ry for the City Attorney. Resolution establishing the annual salary for the Mun icipal /2w;JJ99 ~ clge. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. 1J': I) 7 ~ The following minutes were transmitted to City Council in O c tober 200 7. • All ia nce for Commerce in Englewood Commit tee minutes of July 26 , 2007. • Cod e Enfo rcemen t A dvisory Commi ttee min utes of August 15 , 2007 . • C ultu ral A rts Co mmission m inutes of August 1, 2007. • Keep Eng lewood Bea utifu l minutes of August 14 and September 11 , 200 7. • Parks and Recrea t ion Commission minutes of August 9 , 2007. • Planning and Zoning Commission minutes of August 2 1, 200 7. • Eng lewood Pub lic Library minutes of August 14, 2007. • Transportation Adv isory Committee minutes of Jul y 12, 20 0 7. Pleil en no tify th City of Eng l wood ded . TI1 nk OU. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: November 5, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 15, 2007 .. The regular meeting of the Englewood City Council was called to order by Mayo r Pro Tern Woodward at 7 :32 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tern Woodward . 4 . Roll Call Present: Absen t: A quorum was present. Council Members Tomasso , Moore , Barrentine, Mccaslin , Woodward Council Member Oakley [Clerk's note : There is a Council Member At-Large vacancy due to the death of Mayor Wolosyn .J Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flahe rty City Clerk Ellis Deputy City Clerk Bush Director Fonda , Utilities Police Commander Coll ins , Safety Services Director Gryglewicz, Finance and Admin istrative Se rvi c es Director Long , Library Serv ices Director Kahm, Public Works Director Black, Parks and Recreation Manager of Open Space Lee, Parks and Recreation Manager of Community Development Stitt, Community Development Director White, Community Development Senior Planner Langon, Community Develop ment 5 . Consideration of Minutes of Prev ious Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECOND E D , T O APPROV E T HE MINUT E S O F TH E R EGULAR CITY COUNCIL MEETING O F OCTOBER 1 , 2007 , AS AM E NDE D . Mayor Pro Tern Woodward asked if there were any changes or additions . Mayo r Pro Tern Woodward said I had one small item that I noted . On page number six , the sixth line down where it starts out Mayor Pro Tern Woodward said "when you reiterate .. .", I th ink that was "will you reiterate". That's all I have . Is there any other d isc ussion or changes or modifications? Vote results : Englewood City Council October 15, 2007 Page 2 Ayes : Nays: Absent: Motion carried. Council Members Barrentine, Mccaslin, Moore , Woodward, Tomasso None Council Member Oakley 6 . Recognition of Scheduled Public Comment (a) Executive Director Sharon Wilson, Development Director Scott Franssen and Kathleen Fieselman, with her dog Blue, from Freedom Service Dogs were present to address City Council. Ms . Wilson said I am the Executive Director for Freedom Service Dogs . Also with me tonight is Scott Franssen, Development Director and a client Kathleen Fieselman and her dog Blue . Blue is going to show you all kinds of things . You're probably wondering why we are here . We're here because we're moving to Englewood and we are so excited about it, that we had to come talk to you guys . We hope to be here by the first of the year ... we are moving to 2000 W. Union Avenue . We are going to triple the amount of space we have and we'll be able to probably triple or quadruple the number of clients and dogs we have, within the year . Basically, what we do is rescue dogs from shelters and then we train them to aid people with disabilities . So our dogs learn to open and close doors, to turn the lights off and on . Blue will take the laundry out of the dryer for her and put it in her lap so she can fold it. They pick up a dime, a credit card ; anything that's dropped . Where for you and I it's not much to lean over and pick it up ... when you're in a wheelchair you risk tipping over ... all kinds of things . So dogs are marvelous . We kind of do a pay it forward type thing . We rescue the dogs from shelters where they probably would be euthanized and then they go forward and save someone else's life by giving it quality. We've been in business 20 years . This is our 201h anniversary . One of the things that I've passed around to you is our graduation announcement. We're holding it in Hampden Hall, this Saturday . We will have four clients and their dogs graduating from the program . It takes us approximately a year to train a dog, at a cost of around $20,000 .00, because there are a lot of medical issues an d t•a i J and things involved . We do not charge our clients . Most of them have had enough medical bills . l hey nE ,a the help, they don't need another charge . So, Kathleen do you want to come up and then I'll open it up to an y questions? Kathleen has been with us for five years . Kathleen Fieselman said this is my dog Blue . We've been together for five years . Just to tell you a bit about my story , most of our clients have stories, more dramatic than mine , but I was hit with muscular dystrophy and I lost my 23 year marriage , my dream home, my business ... absolutely everything . I'd applied for Blue and I was on the waiting list. At that time I had to get a tracheostomy . That totally floored me. I had all intentions of staying in my house for the rest of my life, but they called me and sa id they had Blue for me . I sa id I'm sorry , I just can't do it. They brought him anyhow . The following week, I was gett ing up and getting dressed and driv in g to the training center every day . And it's been like that for five years . So , they really do give people their lives back . In addition to his skills , he also gives me confidence . For instance , going out in a wheelchair at night. .. l wouldn't do that without a dog . He gives me that confidence . When I'm out in public, people want to talk to us . When I go without him , they kind of turn away . So it's a lot of emotional help as well . But his normal skills, he's quite good at. I will show you a few . This is my transfer board . I use it to get from one chair to another, like a bridge . I set in under my rear and slide on it and that enables me to get in the driver's seat of my car, in and out of bed, a number of things . However, if I drop it, I'm going nowhere . So I will show you what happens since I have Blue . (The dog picked up the board .) Thank you . There was applause . That's one extreme , she said , and that board is very heavy . The other extreme we have is a dime . (A dime was dropped and the dog picked up the dime .) She said good boy . There was applause . With my condition, she said, my hands and my arms are weak and I drop th ings about 30 times a day. Sounds like an exaggeration, but it's not. It keeps him qu ite busy, and he gets a treat each time, so that's why he 's overwe ight , because he works so hard . And one th ing I can't show you is Blue does help me get out of bed in the morning . I can't go from laying down to sitting up by myself , so he takes a toy and he takes one end , I take the other and he pulls me up out of bed . Without him , I wouldn 't even be getting out of bed in the morning . I would have to pay someone $200 .00 a month to come and get me out of bed . She asked if Blue could take her shoe . (The dog pulled off her shoe and placed it in her lap .) Blue has really changed my life ... 100%. Now that we 're moving to Englewood , I'm hoping that you guys will be seeing people and dogs around a lot. because we 're hoping to come in and do some good for the communi ty . Thank you for your time . Englewood City Council October 15, 2007 Page 3 Mayor Pro Tern Woodward sa id thank you . Ms . Wilson said Kathleen started out as a client of ours and then she got on the Board . Now she is the Chairman of the Board of Directors . So what we're doing here tonight is we want you to be aware of the kinds of things we do in the community. We're hoping that if you run into someone with a disability ... and we have clients from children with autism , Down's Syndrome , muscular dystrophy to muscular sclerosis, paraplegics, quadriplegics ... ! mean, we can help almost anyone . Of every 10 dogs that we rescue through the shelters , 9 don't make it through our program because of one reason or another. Soundness . They might have hip dysplasia , which is pretty common in bigger dogs . So they are fabulous dogs , with a great temperament. .. basic obedience , they are really smart , but we're not go ing to match them with someone i n a wheelchair if they 're going to go out after a rabbit or a cat. So , then we adopt those dogs out. We don 't return those dogs to the shelter to be euthanized . They make fabulous pets , so if you need a good dog, we also have an adoption program . So thank you . We couldn 't be happier . You guys have a model dog ord inance , as far as we 're concerned. We are very happy to be here . Thank you . Council Member Barrentine said are there other support services here that made you locate here? Ms . Wilson replied that , basically , it was the building we found , and the environment here for new businesses and for people that deal w ith an imals . Council Member Barrentine sa id okay. Thank you . Mayor Pro Tern Woodward sa id that I would just like to mention that your website, which I have taken a look at is www.freedomservicedogs .org . They also produce a quarterly newsletter, wh ich can be printed right off of the website or I'm sure they probably have a mailing list also . As a Lions Club member, which supports leader dogs and hearing dogs, I want to welcome you to our community . Mayor Pro Tern Woodward said thank you . (b) Ted Vasilas sa id I have a store at 3476 South Broadway and I'm here tonight on behalf of the Sou th Broadway Englewood Bus iness Improvement District. First , we would like very much to say thank you for yo ur suppo rt in giving us perm ission to hang the banne rs along Broadway . They look really nice . At th is ti me , we have created a large banner that we wou ld like to hang across Broadway . We already have filed the pe rmit w ith the City . I would like to ask the City Council to consider wa iving the charges for the permit. We would like to see the banner across Broadway every t ime the re is space ava ilable . This way it will emphas iz e the othe r bu si nesses we al ready have along Broadway. We also have an open forum meeting this coming Wednesday , at 6 :00 p.m., down stairs in the Li br ar y, in the And ers on Room . You are welcome to attend . We app re c iate you r assistance in this matter and thank you for your support for the Business Improvement District. Thank you . Any questions? Mayor Pro Tern Woodward responded no , I'm sure somebody will respond under Council Members' Choice at the end of the meeting and we'll go from tt ·ere . So, if you would like to stay around , we will get to it then . Mr . Vasilas said thank you . I appreciate it. Mayor Pro Tern Woodward said thank you . 7 . Rec o gnitio n o f U nsc hedul e d Publ ic Comm e nt (a) Marty Mosman , an Englewood resident, said I've lived and worked in Englewood for 50 years . And I'm not here for any campaigning or any political issues or agendas . I'm here on princ iples , my own and the ones that I hold all of you and our leaders responsible for . One reason I've always stayed in Englewood and loved Engle wood is because I felt, and I do feel, that our community is bu il t on honor and in tegrity . Well , last week something occurred that I think threatens to disrupt the harmony and we ll -being of our citizens . I believe the different po ints of v iew and different ideas are good and make for more thoughtful and w ise decisions . But I w nt to know wh at value a smear campa ign , w ith half truths and dece it , have in the overall plan for our C ity 's Englewood City Council October 15, 2007 Page4 well -being. With no regard to the principles or the systems that Englewood has in place to safeguard and govern our community , a few people, it seems, have chosen to take the low road . They have, in effect, accused a lot of our City officials of conspiracy and deceit. They have once again brought up an issue that has been addressed before, hoping I'm sure to get the backing of people who are not informed and who are allowing themselves to be led by twisted information . The people responsible for this smear campaign are sneaking around at night, trashing District 1, with propaganda flyers . They were put on fences, on cars, on front doors, and even on campaign billboards of the opposition, which I believe is against campaign rules . It is a cowardly act, in my opinion, maybe even more so , by those who designed and distributed this information, neglecting to put their names and phone numbers on the flyers . Well , it happens that I know firsthand , at least who was at least partially responsible . I saw this happening with my own eyes. In the early morning, about 5:30 a .m., on October 91 h, I was walking my dogs in my neighborhood; I live in District 1, when I saw two figures darting in and out of yards ... it was still not quite light, and I thought at first it might be paper delivery people, but as I got closer I came face to face w ith Laurett Barrentine and another woman. Seeing me, Laurett mumbled something and darted across the street. Being curious , I took one of the flyers from the fence and read, what I could in the semi-light, enough to feel like a sinking feeling and know it wasn't a good thing . So, I then expanded my walk up to Dartmouth, went a few blocks east, a few blocks west , enough to let me know that they had been out very early, in the dark , covering all or at least most of District 1. I am a little confused . Is Laurett moving to District 1? What is she doing there? Doesn't she have enough to do in her own District? Doesn't she know that the issue of Ray Tomasso's residency has been brought up before ... and certa inly even before he got into his first City campaign, it was dealt with . Our City Attorney , in fact , researched and provided information ... all the legal information ... necessary to determine that Ray did not practice deceit, was not doing anything illegal or out of place. Is the City Attorney also go ing to be accused of consp iracy and deceit in this matter? It is kind of confusing to me. Who is going to be involved? What is the reason? Why? Why? Why? And also, do we want to talk about voting records? Our Council people are elected with trust and faith to vote for the betterment of their D istrict. So, to question them and bring that up , is a negative thing . You know, I don 't be li eve that is anyone 's right except the people in the District. In closing , I want to say that the time spent in discrediting another could best be spent improving ones own performance. I, for one, do not think the act ions and accusations displayed by Laurett and her followers are in any way exemplifying my image of honor and integr ity for the City of Englewood . I also want to say, that not being a team player and always tak ing the negative road is not cool ... being confrontational and argumentative is not being thoughtful or intelligent. What kind of example is being set for the children in our families ... w in at any cost? If you wonder why I didn't come here Thursday evening to that meeting , I left and was out of town . I left Wednesday and d idn 't come back until late that night , but it was certainly on my mind the whole time I was gone . I am glad to have this opportunity to express my concerns and my beliefs in this . I hope this matter will be cleared up , there w ill be some apolog ies extended a nd we will revert to act ing like adults from here out. Th ings like th is often ba c kfi re and we all should be awa re of how these th ings ge t out of hand and harm th is City t hat we are trying to protect and promote . Thank you very much . Mayor Pro Tern Woodward said thank you . (b) Lester Myers, an Englewood resident, said I don't know if you remember that three or four years ago I was in here for , basically, the same problem with Police protection and Code Enforcement officers and I had the Police Department in the area there and we had several problems with burglaries and vehicles broken into . I have ha d , eight times now in the last four years, windows broken and vehicles broken into . Just last w eek I coun te d three Code Enforc emen t Officers go by th e house ... not one Police o f ficer ... and when I do call the Police Department with this si tuation , I fin d that they tell me it is not a major criminal offense that I am complaining about, because the vehicle got broken into and it takes maybe a couple of hours before a Police Officer even shows up . By this time the crook is in Colorado Springs or Pueblo or wherever, I find that totally unacceptable . I think that they should be a little more noticeable in the neighborhood there . I just wanted to bring this to your attention . I don 't know what we can do about it or what can be done . But then, also. the other issue is the trash pickup . We have been having some problems there where we have at least four different companies, every w eek, coming up and down the alleys there picking up trash and some of the places don't even get the trash picked up, because they can't afford to pay for trash pickup . Then we've even got trucks out on Clarkson Street, which I know at one Council meeting that we were at, they discussed that if there was an alley that all of the trash was supposed to go to the alley. And , we 've got people dumping it in the street and we 've got people dumping it in the alley also . So I th ink that is another Issue that needs to be addressed . I • • Englewood City Council October 15 , 2007 Page 5 w ould li ke to see maybe the City take into considerat ion increasing the taxes just a little bit on property . I have lived in other areas where I have seen that work real well . I know there are several people who don 't agree with that , but it is just my opinion . And , I know it does work because then everyone 's trash gets picked up , because they've only got one trash truck coming up and down that alley every week . And they stop at every house, so you don 't have t o worry tha t that person can 't afford to get their trash picked up . So then , the next thing you know, someone is calling Code Enfo rcemen t because th is guy is not getting h is trash p icked up , or whatever . The trash is all over the alley , all over the street or whatever . Again I want to thank you for you r t ime . And if you have any ideas or suggestions what I can do to help with this problem with the burglaries, windows being broken and things of that nature , I've set up security cameras and I've set out in my vehicle many a night. .. but of course , it only happens about every six months or every three or four months ... you never know when . I've even documented the days and it doesn 't even make a difference if it is a Friday or Monday or Sunday or whatever . But I would like to see better police protection in the area and less Code Enforcement. Thank you . Mayor Pro Tern Woodward said thank you . (c) Bridget Matuschek, an Englewood resident, said I am right inside the City border of Yale . I had the pleasure of talking with Bob Mccaslin today and Jill Wilson and became aware of something that I was very concerned about. Every day I drive by the vacant lot there and I am aware that something is going in there at some point. I was told that it is going to be a fast food restaurant. .. a Jack-in-the-Box . I feel extremely wronged by that. I feel that we are a young ... certainly a mature City, but we are still young in our development , and we need to have something that says, that this is the beautiful City of Englewood . We have a lovely structure there ... the grass art sculpture ... and I feel that it needs some encouragement. We have plenty of car lots and plenty of othe r businesses that perhaps are not as welcoming, but I feel that there is a real circle that pleasant bus inesses, the bus inesses perhaps like the mus ic that we have been seeing , the growth of the music businesses around there ... t he Ir ish Pub , the mus ic school that is right ac ross the street. But I feel that , that is what th e City of Englewood needs to start creating ... a circle that brings in young families , it brings in people tha t have children , it brings in people that start supporting ou r school system that aren 't there . I have two young ch ildren myself and I feel that we really need to get together to really find something that br ings people in . And it is r ight there ... it is our gates ... and I am afraid I don't appreciate having another fast food business to represent our City . I really feel that we need to do someth ing to prevent that. And I am not quite sure where to go with it , but I certa inly w ill start talking to my neighborhoods about it. And I don't know that there is anything that can be done at th is point , but I sure hope so . And , I hope for some of your support. So , thanks very much fo r h av ing me and good luck to you . Ma yo r P ro Tern Woodwa rd sa id than k you . (d) Matthew Cra btree, an En gle wood re sident , sa id I have been a resident of Englewood for about four years now . I w asn 't go ing to bring an ything up, but I fel t the oppo rtu nit y th at I wo ul d like to in trod uce myse lf to a lady here . I am Matthew Crabtree . I am behind the committee that distributed the flyers . I felt it would be jus t to state our position on this . I don 't believe that it is a smear campaign . If research was done , information was found ... ! don 't really think it would be a smear campaign if the information is accurate in the flyer . To the best of my knowledge, it was accurate . You know, obviously, I had a large team of volunteers working for me . talked to Lou Ellis and she informed me that there were some complaints . I was not aware that there were any, I guess, questionable actions that happened where the flyers were distributed in places where they shouldn't have been . I do not condone that and I am trying to figure out who di d it. I don 't kn ow if I can find tha t out, but that was not the intent to smear anybody . It was the inten t to simply pr ovide informa tion to the public and many people d idn 't know it . I was confronted by several people in District 1 that walked up to me and said , well thank you , I d id not know that this was occurring . So , I have gotten mixed results from it. And as a citizen of Englewood , I felt that I had the right to stand up and voice my opinion and voice my right to distribute in formation like th is . I felt that this was one of the better ways to do it. I do have to mention real fast though that smear campaign is kind of funny when ... something funny happened to me actually on Saturday ... that I felt I had to bring up at this point. I w as confron ted by a Code Enforcement Officer on my property Saturday morning for not,c that the weeds in my backyard were too high . In defense of the situation , I had let my backyard go b cau e I was intending to build a garage, but the funny th ing is that my weeds have been like that for most of th, y ar It doesn't excuse the fact that my weeds were overgrown , yes , I was in violation of the City , but what w funny bout ,t , was just two days after I introduced myself as the person behind the committee that Englewood City Council October 15, 2007 Page 6 distributed that flyer, I have a Code Enforcement official knocking at my door. Now if you ask me, that is a little bit uncanny. I don 't know yet who made the complaint and I will be researching it. Not that it matters . The fact is, yes, that I was not in compliance with the City Code for the weeds and that will be rectified . I won't fight anything, I simply will do what I am told because yes, I did break Code . But , it is a little funny that something would be brought up at the point that I stand up, voice my opinion and use my freedom of speech and my right to address the community with my concerns, that I would be confronted with a Code Enforcement official. So, if you ask me, that is kind of lowdown and dirty, a little uncanny there . Now I don't know for a fact that it was anybody that I had on the flyer or any of that. .. but it seems a little funny . But anyhow, I wanted to apologize to you for my volunteers . I did not know that they did that ... that they were distributing flyers in an inappropriate place. I would not have condoned that. I would have told them to take those down, if that was the case . And, by no means was this a smear campaign . It was just informing the public of a particular position, a particular view on this election . Thank you . Mayor Pro Tern Woodward said thank you . 8 . Communications, Proclamations and Appointments (a) A proclamation declaring November 1, 2007 as National Family Literacy Day was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING NOVEMBER 1, 2007 AS NATIONAL FAMILY LITERACY DAY. Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results: Ayes : Nays: Absent: Motion carried. Council Members Barrent ine , Mccaslin, Moore, Woodward, Tomasso None Council Member Oakley Mayor Pro Tern Woodward asked if there was anyone here to accept this Proclamation this evening . If not we will make sure that it gets to the proper people . 9 . Consent Agenda COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), (ii), (iii), (iv), (v) and 9 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 54, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF TWO UTILITY EASEMENTS LOCATED AT SOUTH SANTA FE DRIVE AND U.S. HIGHWAY 285 BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD , COLORADO . (ii) COUNCIL BILL NO . 62 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING A "PERMIT -CITY DITCH CROSSING AGREEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT'' FOR A TELECOMMUNICATIONS CABLE ALONG SOUTH SANTA FE LOCATED AT WOLHURST AND C-470 BETWEEN QWEST AND THE CITY OF ENGLEWOOD, COLORADO . (iii) COUNCIL BILL NO . 63, INTRODUCED BY COUNCIL MEMBER MOORE Englewood City Council October 15, 2007 Page 7 A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN "INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK FORCE" BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES AND THE CITY OF ENGLEWOOD , COLORADO. (iv) COUNCIL BILL NO . 64 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DENVER INNOCENT IMAGES TASK FORCE (DENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE CITY OF ENGLEWOOD , COLORADO . (v) COUNCIL BILL NO. 68 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO'S REPRESENTATION ON THE ROCKY MOUNTAIN RAIL AUTHORITY. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 11 .) (c) Resolutions and Motions (i) Motion to approve a contract with PKM Design Group, for architectural design and project construction adm inistration for the Belleview Park playground and shelter renovations in the amount of $64 ,774 .00 . Vote results : Ayes : Nays: Absent: Motion carried . 10 . Public Hearing Items Council Members Barrentine , Mccaslin, Moore , Woodward , Tomasso None Council Member Oakley No public hearing was scheduled before Council. 11 . Ordinances , Resolution and Motions (a) Approval of Ordinances on First Reading (i) Community Development Manager Stitt presented a recommendation to adopt a bill for an ordinance authorizing an Intergovernmental Agreement between the City of Englewood and the Regional Transportation District for cost sharing for operation of the art shuttle through the end of 2007 . He said this IGA will provide for the continuation of the art shuttle services through the end of the year. You may recall that in May, during the budget retrea t , Council was apprised of the situation with the shuttle and the conclusion of the grant. .. that funding the operation of the shuttle ended in September. Council, at that time, was comfortable in continuing the shuttle operation through the end of the year . This IGA continues that operation . Also, we will be bringing forward an agreement for shuttle operations through Laidlaw Transit, that will come next month . Also later, before the end of the year, we will also bring forth another IGA that will extend the shuttle operation through the year 2008 . Th is IGA provides for the compensation of services for the shuttle through RTD . Most of the cost w ill be carried by RTD . There is a portion that will be paid by the City of Englewood . That amount is roughly $22 ,000 .00 for the balance of th is year , wh ich is already provided for in the Community Development budget. He asked if the re were any quest ions . There were none . Englewood City Council October 15, 2007 Page 8 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 67. COUNCIL BILL NO . 67 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine, Mccaslin, Moore , Woodward , Tomasso None Council Member Oakley (ii) Director Fonda presented a recommendation to adopt a bill for an ordinance approv ing a Joint Defense and Confidentiality Agreement between the City of Aurora , the Northern Colorado Water Conservancy, and the City of Englewood . He said we are involved with litigation with FRICO and it is very expensive . We have since gotten the C ity of Aurora and Northern Colorado Water Conservancy District to join us in this litigation . We will be sharing costs and that will relieve a heavy burden from our efforts . This water transfer is extensive and is one of the largest ever attempted to change agricultural rights to mun icipal rights and it could affect our rights . This agreement simply says that if we are working together with Aurora and FRICO , that what we exchange w ill be confident ial between the attorneys . It has been rev iewed by the City Attorney and we recommend passage . Mayor Pro Tern Woodward asked if there were any questions for Stu . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 66. COUNCIL BILL NO . 66 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "JOINT DEFENSE AND CONFIDENTIALITY AGREEMEN T" BETWEEN THE CITY OF AURORA, COLORADO ; T HE NORTH E RN CO LORADO WAT ER CONSERVANCY AND TH E CITY OF ENGL EWOOD , CO LORADO , PERTAINING TO A JOINT DEFENSE FOR T HE FRI GO /U N ITE D LI TIGAT ION . Council Member Tomasso said I moved to approve this due to continual attacks on our water rights and the need to defend our water rights . Mayor Pro Tern Woodward asked if there was any discussion . There was none. Vote result s: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Mccaslin, Moore, Woodward, Tomasso None Council Member Oakley (b) Approval of Ordinances on Second Reading (i) Council B ill No . 51, approving a rezoning request from Craig Hospital for Lots 5-16, Block 4, Higgins South Broadway Heights was considered . Englewood City Council · October 15, 2007 Page9 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO . 54, SERIES OF 2007. ORDINANCE NO . 54 , SERIES OF 2007 (COUNCIL BILL NO . 51, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING THE REZONING OF LOTS 5 THROUGH 16 , BLOCK 4 , HIGGINS SOUTH BROADWAY HEIGHTS WHICH IS LOCATED IN THE 3500 BLOCK OF SOUTH CLARKSON STREET FROM MU-R-3-B ; MIXED -USE RESIDENTIAL/LIMITED OFFICE -RETAIL DISTRICT TO MU-B-2 ; GENERAL ARTERIAL BUSINESS ZONE DISTRICT. Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Nays: Absent: Council Members Barrentine, Mccaslin, Moore, Woodward , Tomasso None Council Member Oakley (ii) Council Bill No . 56, approving the execution of the option agreement to purchase 1,270 acres immediately adjacent to our current biosolids application site was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 55 , SERIES OF 2007. ORDINANCE NO. 55, SERIES OF 2007 (COUNCIL BILL NO . 56 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING THE PURCHASE AND LEASE BACK OF FARMLAND LOCATED 25 MILES EAST OF BYERS, COLORADO TO BE USED AS A LONG -TERM, BENEFICIAL USE , APPLICATION SITE FOR BIOSOLIDS PRODUCED BY LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT . Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : Nays: Absent: Cou nc il Memb ers Barre nt ine , Mccasl in, Moo re , Woodward , Toma sso None Council Member Oakley (iii) Council Bill No . 57, approving the 2007 Mill Levy for collection in 2008 was considered . COUNCIL MEMBER TOMASSO MOVED , AND IT WA S SE CONDED , TO APPROVE AGENDA ITEM 11 (b) (i ii )· ORDINANCE NO. 56 , SERIES OF 2007 . ORDINA NCE NO . 56, SERIES OF 2007 (COUNCIL BILL NO . 57, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO . Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results : Ayes : Counc il Members Barrent ine , Mccasl in, Moore , Woodward , Tomasso Nays : None Englewood City Council October 15, 2007 Page 10 Absent: Motion carried . Council Member Oakley (iv) Council Bill No . 58 , adopting the 2008 Budget for the City of Englewood was considered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (iv)· ORDINANCE NO. 57, SERIES OF 2007 . ORDINANCE NO . 57 , SERIES OF 2007 (COUNCIL BILL NO . 58 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2008 . Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absent: Motion carried . (v) was cons idered . Counc il Members Mccasl in, Moore , Woodward, Tomasso Council Member Barrentine Council Member Oakley Council Bill No. 59, appropriating funds for the 2008 Budget for the City of Englewood COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (v) • ORDINANCE NO. 58, SERIES OF 2007. ORDINANCE NO . 58 , SERIES OF 2007 (COUNCIL BILL NO . 59 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 , AND ENDING DECEMBER 31 , 2008 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR T H E FISCAL YEAR 2008 . Mayor Pro Tern Woodward asked if there was any discussion. Council Member Barrentine said I will be voting against the budget for the same reasons that I had before . It needs to be a line item . We need to pay attention to the details . I totally disagree with taking 1.5 million dollars and plugging a hole that is still going to be there the following year . We didn't solve any problem by doing that. We only delayed the problem . Mayor Pro Tern Woodward asked if there was any furt her d isc ussio n . T here was none. Vote resul ts: Motion carried . Ayes : Nays : Absent: Council Members Mccaslin, Moore, Woodward, Tomasso Council Member Barrentine Council Member Oakley (vi) Council Bill No . 60, approving the 2008 Budget for the Littleton/Englewood Wastewater Treatment Plant was cons idered . .. Englewood City Council October 15, 2007 Page 11 COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (vi)· ORDINANCE NO. 59, SERIES OF 2007 . ORDINANCE NO . 59 , SERIES OF 2007 (COUNCIL BILL NO . 60 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ADOPTING THE BUDGET FOR T HE LITT LETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2008 . Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results: Motion carried. Ayes : Nays : Absent: Counc il Members Mccaslin, Moore, Woodward , Tomasso Council Member Barrentine Council Member Oakley (vii) Council Bill No . 61 , appropriat ing funds for the 2008 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (vii) · ORDINANCE NO . 60, SERIES OF 2007. ORDINANCE NO . 60 , SERIES OF 2007 (COUNCIL BILL NO . 61 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2008 , AND ENDING DECEMBER 31, 2008, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR TH E FISCAL YEAR 2008 . Mayor Pro Tern Woodwa rd asked if there was any d iscuss ion . There was none . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Mccasl in , Moo re , Woodward , Tomas so Council Member Barre nt ine Counci l Me m ber Oakley (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution creating a Long-Term Asset Reserve Fund . He said this resolution creates a Long -Term Asset Reserve in the General Fund . This item has been discussed at our budget retreat fairly extensively . The language was drafted and there was ongoing discussion and I believe that there may be also another change tonight. Council Member Moore said I will move Agenda Item 11 (c) (i) with the following amendment. I submitted revised language that fits under the Section 1, part of the Resolution , in Study Session . The City Clerk has the language which just rewords essentially what is there . As you all know , I very much support the creation of this Reserve, if nothing else, for the sake of allowing us to make very conscious dec isi ons about the use of our long- term asset, including the conscious dec isi on we made by consensus this budget session to supply another 1.5 m illion dollars in Bridge Funds for the 2008 budget. The creation of th is Reserve will provide very transparent tra ck ing of when we do utilize those funds ... both for this Council and hopefully for many future Councils . Englewood City Council October 15, 2007 Page 12 Council Member Moore amended the resolution to read : "The City Council of the City of Englewood, Colorado has determined that funds from the sale, lease, or earnings from long-term assets should be used in a careful, judicious and strategic manner. For this reason, City Council hereby authorizes the creation of a Long Term Asset Reserve Fund (L TAR), and funds received from the sale, lease, or earnings from long-term assets shall be reserved in the L TAR Fund . The funds in this restricted account can only be expended if the funds are appropriated in the annual budget or by supplemental appropriation." COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) - RESOLUTION NO. 90, SERIES OF 2007, AS AMENDED. RESOLUTION NO . 90, SERIES OF 2007 A RESOLUTION CREATING A LONG-TERM ASSET RESERVE FUND (LTAR). Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results: Motion carried. Ayes: Nays: Absent: Council Members Barrentine, Mccaslin, Moore, Woodward, Tomasso None Council Member Oakley (i i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution transferring the remaining proceeds from the Golf Course Lease to the Long Term Asset Reserve Fund. He said this is a transfer of $1',986 ,000 .00 from the Public Improvement Fund, which is the remaining funds from the Golf Course Lease, less the 1.5 million dollars in Bridge Funds, to the General Fund Long Term Asset Reserve . Council Member Moore said I would like to move Agenda Item 11 (c) (ii) with a very minor amendment. Because we didn't have this Fund in place in time for the budget, it wasn't there to operate like I hope it will in the future . So, as Frank has outlined , these are the remaining funds . What I would like to do in the 3'd Whereas paragraph , the parenthetical ... just replace it to add a little more clarity, such that it says "(net of the 1.5 million in Bridge Funds approved for transfer to the General Fund as part of the 2008 annual budget)". So again, since we are just making that 1.5 million that Frank mentioned and placing it into the Resolution . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) - RESOLUTION NO. 91, SERIES OF 2007, AS AMENDED. RESOLUTION NO . 91 , SERIES OF 2007 A RESOLUTION TRANSFERRING FUNDS FROM THE GOLF COURSE LEASE TO THE LONG TERM ASSET RESERVE FUND (LTAR). Mayor Pro Tern Woodward asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : Nays : Absent: Council Members Barrentine, Mccaslin, Moore, Woodward , Tomasso None Council Member Oakley (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving the appropriation of funds in the Donors Fund for Children 's Services . He said this is a supplemental appropriation of $7,086 .84 in the Donors Fund and the use of those funds will be for the library's Children's Services . These funds were originally collected to offset the cost of the Bookmobile . As Council is aware , the City no longer has the Bookmobile , so we have no way to Englewood City Council October 15, 2007 Page 13 expend them for that original purpose . So, it was discussed and determined to use these funds for Library 's Children's Services . Mayor Pro Tern Woodward asked if there were any questions for Frank . There were none . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 92, SERIES OF 2007 . RESOLUTION NO . 92, SERIES OF 2007 A RESOLUTION APPROPRIATING THE MONEYS IN THE DONORS FUND TO BE USED FOR LIBRARY PURCHASES RELATED TO CHILDREN 'S SERVICES . Mayor Pro Tern Woodward said I just want to make the comment that I'm pleased that these are for the Children's Services at the Library and I hope that they will be shared with and promoted with the schools, that they are there . Mayor Pro Tern Woodward asked if there was any other discussion . Council Member Moore said I don't think we mentioned that this was also the recommendation from the Library Board, correct? Mr. Woodward said that is correct. Mr . Moore said thank you. Council Member Mccaslin said being an educator and us ing the Library probably once a week , I do appreciate what Mr. Long has done for the Library in bringing in quality stuff and I think it will be great for the Library and for the Chi ldren 's Services . Thank you . Council Member Tomasso said I bel ieve these funds were donated for the Library for the purpose of the Library to spread the use of books and literature and that this would be an appropriate fund fo r those donations , to direct them and to finalize their expenditure. Mayor Pro Tern Woodward asked if there was any further discussion . There was none . Vote results: Motio n carried . Ayes : Nays : Ab s en t: Council Members Barrentine , Mccaslin , Moore , Woodward , Tomasso None Counc il Member Oakley (iv) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving changes to the City of Englewood Volunteer Firefighters Pension Plan . He said this change that is being considered is an additional death benefit of $500 .00 for retired volunteer firefighters . At this point in time, there are three existing retired volunteer firefighters . The cost of this change is $1,500 .00. Mayor Pro Tern Woodward asked if there were any q uestions for Frank. There were none. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA IT EM 11 (c) (i v) -R ESOLUTION NO. 93 , SERI ES OF 2007 . RESOLUTION NO . 93, SERIES OF 2007 A RESOLUTION APPROVING AN INCREASE IN DEATH BENEFITS FOR THE VOLUNTEER FIREFIGHTERS PENSION PLAN . May or Pro Tern Woodward asked if there was any d iscussion . There was none . Englewood City Council October 15, 2007 Page 14 Vote results: Ayes: Nays : Absen t: Mot ion carried. Council Members Barrentine , Mccaslin, Moore , Woodwa rd , Tomasso None Council Member Oakley (v) Director Fonda presented a recommendation from the Utilities Department to approve , by motion, awarding the bid for a Flocculation Sedimentation Basin Access Monorail and Hoist system to the lowest acceptable bidder, COM Constructors , Inc ., in the amount of $61 ,355.00. He said we are recommending this because it is very difficult and somewhat dangerous for people to get down in there to do the repairs . They have to go down ladders and it is 21 feet deep . This hoist would have a basket that would lower people and equipment and materials down in to make the repairs . We think it is a good bid . We budgeted $70 ,000 .00 and would recommend the award to COM Constructors in the amount of $61,355 .00 . Mayor Pro Tern Woodward asked if there were any questions for Stu . Council Member Mccaslin said this is for the protection , bas ically of the workers, cave-ins and so forth? Director Fonda said yes. Mr. Mccaslin said okay. Thank you . Mayor Pro Tern Woodward said I have a question . COM Engineers and COM Constructors, are they different? Director Fonda said one is a subsidiary of the other, I believe . Mr . Woodward said okay. Director Fonda said COM Constructors has bid on COM Designs and they have both won them and lost them . They are just another contractor bidding . Mr. Woodward said okay. Mayor Pro Tern Woodward asked if there was any further d iscuss ion. There was none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v) · AWARDING THE BID FOR A FLOCCULATION SEDIMENTATION BASIN ACCESS MONORAIL AND HOIST SYSTEM TO THE LOWEST ACCEPT ABLE BIDDER, COM CONSTRUCTORS, INC., IN THE AMOUNT OF $61,355 .00 . Cou nc il Member Tomasso sa id the low bidder was $5 ,000 .00 less than the other bidder. Vote results: Motion carried . Ayes : Nays : Absent: Coun ci l Members Barren ti ne , Mccaslin, Moore , Woodward , Tomasso None Cou ncil Member Oakley (vi) Director Fonda presented a recommendation from the Utilities Department to approve , by motion , the contract for an Interceptor Siphon Vault Lid replacement. Staff recommends awarding the contract to the lowest acceptable bidder, Walsh Construction, in the amount of $54,000 .00 . He said this is a very large maintenance item on the large interceptor sewer ... before it enters the Wastewater Treatment Plant at Dartmouth it goes under the creek in an inverted siphon and o n both sides there are large vaults that we use to access . These vaults are gett ing old and worn out. They leak, so they co uld produce od o rs an d , structurally, we need to replace them . The new ones will be expensive because they are extremely heavy duty aluminum to support trucks and so forth that would drive over them . We believe the bid of $54,000 .00 is a good bid . It will come out of the m iscell aneous repairs budget for the sewer utility. Mayor Pro Tern Woodwa rd asked if there were any questions for Stu . There were none. COU NCIL MEMBER T OMASSO MOVED, AN D IT WAS SEC ON DED, TO APPROVE A GEN D A ITE M 11 (c) (vi)· THE CONTRACT FOR AN INTERCE PTOR SIPH ON VAULT LID REPL ACE ME N T TO WAL S H CONSTRUCTION , IN THE AMOUNT OF $54,000 .00. Mayor Pro Tern Woodward asked if there was any discussion . Englewood City Council October 15, 2007 Page 15 Council Member Tomasso sa id the low bidder was $16 ,000.00 below the other bidder. Vote results : Ayes : Nays : Absent: Motion carried. 12 . General Discussion Council Members Barrentine , Mccaslin , Moore , Woodward, Tomasso None Council Member Oakley (a) Mayor Pro Tern's Choice (i) Mayor Pro Tern Woodward said provided in our packet tonight is a resolution providing for the appointment of a new Council member to fill the balance of the remaining term of Olga Wolosyn, which would have ended on November 19, 2007 . In accordance with the City Charter, Council is to appoint a replacement member within 30 days of the incapacitation of a Council member, which in Olga 's case was September 22nd . At the October 151 Study Session , a sub-committee of John Moore and I were selected by consensus to nominate qualified and acceptable citizens as Ms . Wolosyn's replacement. We talked to and selected three qualified, respected and honorable individua ls in our community who are willing and able to serve for a short period of time . We have selected Mr . Kells Waggoner, a former Council member that served for 8 years and a past City employee of 26 years . I would entertain a motion on a resolution to appoint Mr. Waggoner to join us and serve out the remainder of Olga 's term . [Clerk 's note : Th is was listed on the Agenda as Item 12 (b ) (i ).J COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 94, SERIES OF 2007. RESOLUTION NO. 94, SERIES OF 2007 A RESOLUTION APPOINTING KELLS WAGGONER TO THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . Mayo r Pro Tern Woodward asked if the re was any d iscuss ion . Co uncil Me mber Moore sa id I just want to make sure it is clear for the record . Kells is my father-in -law ... I will not be abstai n ing ton ight , because it does not c rea te a conflict of in te rest and anyone who knows Kells , kn ow s his serv ice to the City long precedes my involvement. So, hopefully there will not be a perception of any problem there . As Jim indicated, just for the record, I would like to say I would have preferred to have left Olga 's seat vacant for one more meeting, but we need to do this . So , I appreciate all of our volunteers that were willing to step up and do this for us . Mayor Pro Tern Woodward said I would like to relay Council Mem ber Oakley's regrets that he was un abl e to attend tonight's meeting . In his statement to me, he would ha ve be e n pleased an d honored to ma ke th e motion of this selection of Mr . Waggoner. Mayor Pro Tern Woodward asked if there was any further discussion . There was none . Vo te resul t s : Ayes : Nays : Absent : Motion carried . Council Members Barrentine , Mccaslin , Moore, Woodward , Tomasso None Council Membe r Oakley Mayo r Pro T m Woodward said congratulations Mr. Waggoner and please stay after the meeting . Englewood City Council October 15, 2007 Page 16 (ii) Mayor Pro Tern Woodward sa id in ou r packets was a memorandum from Eric Bertoluzzi , Chairman of the Cultural Arts Commission, communicating the Cultural Arts Commission's unanimous recommendation to City Council to accept the Museum of Outdoor Arts pl ans for the placement of a sculpture in memory of Mayor Olga Wolosyn ,in the piazza area near the fountain at CityCenter. MOA has been working with the City engineers on the placement and the timing of the work tha t is requ ired to install th is piece and a picture of the piece was provided to us at our last meeting on October 151 by Cynthia Madden Le itner. It is my understanding that MOA has the rights, per their agreement with the City, to place sculptures in the p iazza . I would like to see if there is a consensus among us to allow MOA to place the sculpture in Olga 's memory. He said is there any discussion regarding this? Is there a consensus that allows for this sculpture to be placed in Olga's memory? MAYOR PRO TEM WOODWARD MOVED , AND IT WAS SECONDED, TO ALLOW MOA TO PLACE THE SCULPTURE IN OLGA'S MEMORY IN THE PIAZZA. Mayor Pro Tern Woodward asked if there was any further discussion. There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , Mccaslin , Moore , Woodward , Tomasso , None Council Member Oakley (iii) Mayor Pro Tern Woodward said I want to acknowledge our Human Resources Department, especially Karen Main who once again has been honored , this time by the National League of Cities for the City-wide computer coach ing network. Karen will be presenting information on the program at the NLC 2007 Showcase in New Orleans on November 14-16. You will recall that the coaching network has previously been recognized by the Mountain States Employer's Council as a Best Practice and by the International Public Management Association Human Resources at its Western Region Conference . (iv) Mayor Pro Tern Woodward said at a presentation at the ACE meeting last week , which took place at Kent Place, at University and Highway 285 , it was disclosed at that presentation by the Micro Business Development Group that was doing the presentation , that they had named the revolv ing loan fund for their small businesses , the Olga Wolosyn Revolving Loan Fund , to honor Olga 's commitment to the creat ive arts community in Englewood . As a side note , Kent Place has a very impressive model of Phase 1 of the ir project and model res idences within their offices and stated that they were 30% pre-sold on Phase 1. And they also mentioned that the higher end stuff ... which is pretty high end ... were the fi rs t th in g s to be selling . (v) Mayor Pro Tern Woodward said I would like to apologize to the Englewood Herald, the League of Women Voters, the candidates and anyone that I may have offended by passing out some literature in the room regarding Ray's residency after the Candidates Forum on Thursday evening. This was against the rules of the Forum . I reacted in anger after realizing the same material set out for the public had been completely rem oved by someone unkn own. Again, my apologies. (b) Council Mem bers' Ch oice (i) Council Member Barrentine said Marty, I am so glad you brought this subject up . As a citizen of Englewood, I certainly have an opportunity to support anything that I would like in the City . The City is important to me. I am not behind the ... although I do get credit for a lot of things , most of them aren't my doing, but sometimes I don't mind getting credit. There was a young man, a citizen of District 1, who a couple of meetings ago after having a conversation with Council Member Tomasso himself, became enraged at what he later found out was Ray telling him that he doesn't live in his District. I don't lie for anyone ... not anyone ... not on this Council , not for my son ... l don't lie for them . I have had over the last three years numerous people coming to me wanting to have something done about Ray's outward admissions , constant admissions ... some of them on the record and being asked to be removed later, and I told them, you know , as a Council person , I wouldn 't do th at. And a c itizen , a 25 year old man , who made a dec ision to follow through on what he felt was someth ing Englewood City Council October 15, 2007 • Page 17 that was egregious and inappropriate and a violation of our City Charter and he asked for my help and I wa lked with him , along with 10 other people . I believe what I sa id to you when I saw you Marty was , good morning , because I was just as proud of what I am doing ... l don 't hide ... and I don 't think the truth needs to . The City Attorney has not verified that Ray is telling the truth . He has only acknowledged and clarified for us what residency means . The information Ray is providing him is not accurate . I don't th ink the City Attorney has ever said that he has validated that Ray is telling the truth ... only clarify ing what our City Charter says . I vote my conscience and I vote for a lot of things that I think are good , but I w ill not vote for something just to go along with the majority. That is inappropriate. That is not proper representation , that was not what I was elected to do and that is not what I will ever do. And , I think that pretty much sums it up . I'm sorry that Ray put people in this position . After the forum ... just to tell you a little story ... after the forum he came up and he confronted him, the story that I heard from this young man, he welcomed to talk to him because he was at the forum . He has stood up for what he did . He has been accountable . He offered Ray that he would let the whole thing go if Ray would just take him there and show him a toothbrush, a change of clothes and where he was sleep ing ... he would take it all back and Ray walked away. That was an offer that he made . He is standing by what he did . I am proud as a citizen to have supported his effort and I have every right to do that in any place in Englewood that I can . I did not do this act as a Council member, nor did I have anything to benefit from it except to support a citizen that I thought was brave enough to finally stand up . (ii) Council Member Mccaslin : 1. He said as long as we are on Ray . We received , as a Counc il, an e-mail. I am going to read it verbatim, I am not changing any words , but it was to Tom Vandermee . It is a request. It will be in our packets hopefully. But it says : "I am very upset at having a flyer shoved into my vehicle while backing out of my driveway this morning . The so-called concerned Englewood citizens do not have the right to deface his signs. They taped these flyers over h is signs . I do not approve of smear campa igns and it is very sad that the citizens of District 1 stooped to these measures . I would like to know who is doing this so my family can avoid them in the neighborhood . We have lived here over 15 years . The Greiner Family". And that is all I have to say about that. 2. He said Sunday, I, as a Councilman, and a concerned citizen of our churches here attended the 100 year celebration of Englewood Bible Church . Right now they are going through some modifications of the ir church , but they are great people . It was a packed house. I talked to the pastor and what a great guy. It was so neat to see those people show up . My blessings go out to this church and that they recover from some of the adversity that they are having now. I am sure they will , because they are great people. 3. He sa id I would li ke to thank the c itizens who showed up tonight. Thank you very much . (iii ) Co unc il Member Tom as so: 1. He said I would like to move that the City waive the permit fee for the BID, and allow them to put up the banner when space is available , so that we can market the downtown area and help them to market it, since they have fa ith in banners and if we have a blank time in the banner schedule , it would be very appropriate to have a banner welcoming people to the City of Englewood and to visit our businesses , restaurants and our service people and use our services and find out what a good town t hi s is . W hat a great p lace to do business, the friendliness, the availability of parking and all things tha t seem to be lacking in some of o ur neigh bo rs to the north . COUNCIL MEMBER T OMASSO MOVED , AND IT WAS SECONDED TO WAIVE TH E PERMIT FEE FOR TH E BID T O PUT UP A BANNER. Counc il Member Mccasl in asked what is the fee . how much is the fee ? Mayor Pro Tern Woodward said I had as ked ... Rick would know . D irector Kahm sa id $150 .00 . Mayor Pro Tern Woodward said $150 .00 an d it is my un der stan din g that the c ost of j u st labor, not inclu ding the truck and all the other things that go along with that , is about $60 .00 . Mr. Kahm said yes . Englewood City Council October 15, 2007 Page 18 Council Member Barrentine said if you do what they are requesting and change it over at the time ... I mean if one goes down and another goes up ... is there still the same amount of fee? Director Kahm said Laure!!, you are correct. If we are putting that up while we are taking others down , then the cost of that is basically negligible . Ms. Barrentine said so if you can coordinate it when it is an open time with them then we really wouldn't be losing anything . Mr. Kahm said they mentioned they would like to put it up when there is an available time, so we would always be coordinat ing that way . Ms. Barrentine said okay . Mayor Pro Tern Woodward said I think it is a great idea . I think that anything that helps promote Englewood businesses and, as Ray said, services and stuff is good for all of us. Mayor Pro Tern Woodward asked if there was any more discussion on that. There was none . Vote results: Ayes: Nays : Absent: Motion carried . Counc il Members Barrentine, Mccaslin , Moore , Woodward, Tomasso None Council Member Oakley ~ ~~ Director Kahm said thank you . I will pass it along to the BID tomorrow . 2 . He said as Bob said, we attended the 1001 h Anniversary of the Englewood Bible Church . Having passed the Resolution , I thought I should attend . They did a really nice ceremony . And what I ave here is the letter ask ing for the Resolutio n and talking about their celebrat ion and the program . They t together a little 1001 h Anniversary booklet describing the history of their church and 2 CDs recording th vi records they had with the ir choirs . They would like to present that to the Library for the historical collect , so that in the future when someone wants to look at the development of churches and rel igion in Englewood , they would have this set of documents to work from . Also , it is kind of interesting to read the history book while playing the CDs . There were a lot of people there that hadn 't been there for 50 years , that had sung in the choir in the 1950s. It was really a positive experience . Everybody was look ing forward to being together at a reunion and being happy to see one another . 3 . He sa id on the budget , as you may know , or may not know , each Council Member rece ives a $50 .00 a month stipend to use as they feel they need ... be that contributing to charity , covering cell phones , cove r ing gasol ine , whatever they use it for , except for alcohol , alcohol is ki nd of a proh ib ited item ... at this po int, by the end of October, according to th is memo da ted October 3 , 2007 , we have gone th rough nine months ... wh ich wo uld h av e been through Septem be r ... th e discreti onary fu nd we each wou ld have spent was app roximately $450 .00 . One of the Council members is at $661.47 as of October 3'd . I would ask them to possibly write a check tonight to reimburse this Fund, because this Fund, by the end of November, should be no greater than $550 .00 . There are some members of Council that have not spent a dime. There are some that have spent money for educational purposes to attend conferences, but the over expenditure at this point of $661.47 is outrageous. And I think beyond an accounting error, and I believe that Council member, this evening, should write a check to pay those costs back and prevent the staff the embarrassment of asking to garnish their wages . So that said, I believe the Council member that is responsible for that w ill take care of that this evening . 4 . He said as for Mr. Crabtree ... I feel that, you know, going all month and growing 6 foot weeds ... somebody is bound to see a 6 foot weed . Unfortunately, I did not contact the Code officials . It would have been very appropriate I think to have contacted them , but I did not contact the Code officials . They may have just been doing their job . 5 . He said for those of you who have rece ived the letter questioning my residency , there was a response pu bl ished in the Englewood Herald under Letters to the Editor last week . If you would l ike a copy , I have a copy up he re . Thank you . 13 . City Manager's Report Englewood City Council October 15, 2007 Page 19 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 TEM WOODWARD MOVED TO ADJOURN . The meeting adjourned at 8 :46 p.m. - ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AUTHORIZING THE VACATION OF TWO UTILITY EASEMENTS LOCATED AT SOUTH SANTA FE DRIVE AND U .S. IDGHWAY 285 BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Utilities Department has recommended a Vacation of Sewer Easements across property owned by the Colorado Department of Highways (CDOT) for two existing easements; and WHEREAS, the City of Englewood originally obtained these easements in 1967 from the South Arapahoe Sanitation District; and WHEREAS, the sewer that existed in these easements was abandoned 2 years ago and the sewer main was relocated; and WHEREAS , Englewood's easements cross the future entrance of "The Park at Sheridan" development ; and WHEREAS, the Colorado Department of Transportation is the owner of the property in these easements and will retain ownership and the developer of "The Park at Sheridan" will landscape the area and use it for access ; and WHEREAS , the Englewood Water and Sewer Board reviewed the vacation of the existing easement that is 20' by 10' and an additional triangular easement approximately 106' by 10' located at South Santa Fe and U .S . 285 at their September 4 , 2007 meeting and recommended the vacation; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL EWOOD, COLORADO, AS FOLLOWS : Section 1. The vacation of the existing easement that is 20' by 1 O' and an additional triangular easement approximately 106' by 10' located at South Santa Fe and U .S. 285 for the Colorado Department of Highways (CDOT) as shown on Attachment 1, attached hereto, is hereby approved by the Englewood City Council. Introduced , read in full , and passed on first read in g on the 15th day of October, 2007 . 9 b I Published as a Bill for an Ordinance on the 19th day of October, 2007 . Read by title and passed on final reading on the 5th day of November, 2007. Published by title as Ordinance No._, Series of 2007, on the 9th day of November, 2007. James K. Woodward , Mayor Pro Tern AITEST: 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 " I A 'I 'I A C B M E N T 1 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AUTHORIZING A "PERMIT -CITY DITCH CROSSING AGREEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT" FOR A TELECOMMUNICATIONS CABLE ALONG SOUTH SANT A FE LOCATED AT WOLHURST AND C-470 BETWEEN QWEST AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , Qwest submitted request for a Permit for Crossing the City Ditch and a Temporary Construction Easement for a telecommunications cable along South Santa Fe; and WHEREAS , the Permit-City Ditch Crossing Agreement would allow a single 1-1/4 " plastic duct pipe containing fiber cable to cross 18 " to 24" beneath Englewood 's 48 " City Ditch Pipe from South Santa Fe Dri ve to the adjacent properties located west of South Santa Fe Drive; and WHEREAS , this crossing is located at Wolhurst on the northwest corner of South Santa Fe and C-4 70 in Littleton ; and WHEREAS , the Temporary Construction Easement allows for the construction of the encased cable to cross the City Ditch within the permit parameters; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the "Permit -City Ditch Crossing Agreement" and the "Temporary Construction Easement" for the location of 3066 South Sherman Street, Englewood, Colorado at the October 9, 2007, meeting ; NOW, THEREFORE , B E IT ORDAINED BY THE C ITY COUNCIL OF THE C ITY OF E NGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The "Permit -City Ditch Crossing Agreement" and the "Temporary Construction Easement" for Qwest to cross the City Ditch with a single 1-1 /4 " plastic duct pipe containing fiber cable at the location of Wolhurst on the northwest corner of South Santa Fe and C-4 70 in Littleton, attached hereto as "Attachment 1," is hereby accepted and approved by the Englewood City Council. Section 2 . Pursuant to Article V , Sect ion 40 , of the Englewood Home Rul e Charter, the City Council has determined that ''Attachm ent l ", attached to this Ord inance, shall not be published beca u se of its size. A copy is available in the Office of the Englewood City Clerk . -1- 9bii Section 3. The Director of Utilities is authorized to execute the "Permit -City Ditch Crossing Agreement" and the "Temporary Construction Easement" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 15th day of October, 2007 . Published as a Bill for an Ordinance on the 19th day of October, 2007. Read by title and passed on final reading on the 5th day of November, 2007. Published by title as Ordinance No._, Series of 2007, on the 9th day of November, 2007. James K . Woodward, Mayor Pro Tern 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 the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007 . Loucrishia A. Ellis -2- PERMIT -CITY DITCH CROSSING AGREEMENT THIS PERMIT AGREEMENT, made and entered into as of the_ day of __ _ ___ , 200_, by and between the CITY OF ENGLEWOOD, a munici al corporation of Colorado, hereinafter referred to as "City", and Quit -r· Ct>R herein refen-ed to as "Pennittee". WITNESSETH: The City hereby authmizes Permittee, its successor, assigns, to install a . ./ IJ " .;;,./rw6,-t~fi. / ti/ -Pt..A~TIC. "-Pt-..::.r ?()A'7i'll'•'l,1'(f; /'teen tJJ'n~ Cn'?-J.t.e.. --------------("Facilities") in the City's rights-of-way for the City Ditch , described as a parcel of land situated in the .:5tJct7H a>t.sr Q.t:-#197< 11!;;, of Section 3 Z-, Township 5 S"um Range j,f:1> ~sr ___ of the ~ re P.M., County of Arapahoe, State of Colorado described as follows: [See attachment] County of Arapahoe, State of Colorado, described on Exhibit A, attached hereto and made a part h ereof, under the following tenns and conditions: 1 . Any construction contemplated or perfonned under this Permit shall comply with and confonn to commercially reasonable standards formulated by the Director of Utilities of the City a nd such construction shall be performed and completed according to the plans, consisting of one sheet , a copy of which is attached hereto and made a part hereof and approved by the City. 2 . The Permittee shall notify the City's Director of Utilities at least three (3) days p1ior to th e tim e of conm1 encement of the constru ction of, or any repairs made to, Pe1mittee ' s Facilities so th at the City may , in its discretion, inspec t s uch operations at its sole cost. In the event that emergency re pairs mu st be made to the Facilities, Pennittee may do so without providing advance noti ce, provided howev er that Permittee shall notify the Director of Utilities within three (3) days after the comp letion of suc h emerge ncy repairs. 3 . Within the time pe1iod agreed to by ity and Permittee and identified on the plans, Permittce shall complete such cons tru ction , place and mai ntain perman ent , visible marke rs, of a type and at such locations as reasonably designated by the City's Director of Util ities, referring t the centerline of the installation and s hall clear the crossing area of all constru ction debris and ( HOO 7(,lJ1 4 I 17100 0160 9/8/2007 11 47 AM) A T T A C H M E N T 1 restore the area to its previous condition as near as may be reasonable . In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Permittee. 4 . The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's 1ights-of-way, at any time and in such manner as the City deems necessary or convenient, in accordance with Colorado Jaw . The City reserves the exclusive right to control all of the City's easements and installations. In the event the --Pt.A.sne.. 1>"~-r Cf,,,,;;,•1fflH.!K-NIU.I<: !Aµ1.£ should interfere with any future use of the City's rights-of-way by the City, the Permittee shall, relocate, reainnge, or remove its installations so as not to inte1fere with any such use. Permittee shall pay for the cost for such relocation, rearrangement, or removal as required by Colorado law. 5. Any repair or replacement of any City installation made necessary because of the construction of the -Pt.Asnc. -Ouc.r ~""'ilflN'<'""&r rt.tE..<1 CA,r,.d. or other appurtenant installation thereof, shall be made at the sole expense of Pennittee. 6. The stipulation and conditions of this Permit shall be incorporated into contract specifications if the constmction herein authorized is to be done on a contract basis. 7 . Permittee shall contact and fully cooperate with the City's personnel as reasonably required and the construction shall be completed without interference with any ]_awful, usual or ordinary flow of water through the City ditch . Pennittee shall assume all risks to the Facilitie s in c id e nt to the possible presence of s uch waters , or of storm waters, or of smface waters in the City Ditch. 8. All Trenches or holes within the City's rights of way shall be backfilled and tamped to the origina l ground line in layers not to exceed six (6) inches loose meai-11re to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. Qwest acknow ledges that the followi ng condition s are contained in Section 12-3-2 of the Englewood Muni ci pal Code. By including these terms i n thi s permit, Qwest does not waive its ri ght 10 chall enge the lawfulness of these cond it ions pursuant to the Colorado Telecommunications Act, 38-5 .5-101, et se q . the federa l Telecommunicatio ns Ac t of 1996, Telecomm uni cations Act of 1996, Pub. L. 104-104, 110 Stat. 56, codified at 47 U .S .C. § 151 et se q . or any other provision of state or federal Jaw: a. T he rights and privileges granted in this License sh all be subject to p1ior agreements, li censee and/or grants , recorded or unrecorded, and it shall be the I M007 7h 1P J 1 17100 0160 9/S/2007 11 47 AM I Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. b . Licensee, by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee pe1fonns any work in connection with the crossing provided by this License . The Licensee assumes all responsibility for maintenance of the installation. c. Licensee shall indemnify and save haimless the City, its officers and employees, against any and all claims, damages, action or causes of action, and expenses to which it or they may be subjected by reason of said ?~Af17~ -P"c.r ~bN'n?~"''Nt'dr /"lfii:lf-. em~ vf?.;~£. ____________________ being within and across and under the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. d. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, of its option, have specific performance thereof, or sue for damages resulting from such breach . 10 . Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authorization, City reserves the right to make full use of the propeity involved in accordance with applicable Colorado law as may be necessary or convenient in the operation of the water works plant and system under control of City . IN WITNESS WHEREOF, this instrument has been executed as of the day and year firs t above written. CITY OF ENGLEWOOD, COLORADO Director of Utili ti es Englewood Water and Sewer Board (#0077(,113• I 17 100-0 1609/8/2007 I 1·47 AM) The undersigned officer of QU)/!..S r ~'P~R~ ntJ;./ has read the foregoing Permit -City Ditch Crossing Agreement and agrees for and on behalf of said __ _ Qt,t.l6.!: r O:>R..?J~'R.11n-.1J,,/ , that it will accept and will abide by all the te1111S and conditions thereof. PERMITIEE: /~t P.~ By: ~/-1,'l/R~IZ~ 7~1'fc<E. Title: -Oe.1.tUr~ /ft:('71'eifit.trl Address: f 75"0 £'. ~':>S7'1l.UI. AP£. M&-~e eotJ~'7:J, & a~w Z: Phone: .se.s. 78-f; tsZ/7 STATE OF COLORADO ) )ss COUNTY OF ARAPAHOE ) Acknowledged before me this ~~ay of ~')OG 2007 by (' fY"j.\"los .P(aU2..,, ~Qlegol·-€ \-\u:l-b0e.,J'i My Commission expires )c;:>. ·.;l /-0 -, ~ ( b _.Q AJ) \"Y\ U):\~ J)._..g_,-, Notary Public My Commission Expires / d~~l /-01 (#00 77(11)14 1 17100-0 1 ,O 1111\/2007 11 ·47 AMI EXHIBIT "A,, QWEST'S PLANNED PLACEMENT WILL BE 4' -5' BELOW EXISTING GRADE TO MAINTAIN A 1' CLEARANCE BELOW THE CITY DITCH PIPE l, BLO CK 1 /BASIS Of BEARING -----------. N89'52 '43"W ',, 1456.29' ,, QWEST CORPORATION ',, COPPER CABLE PER ', _,////,,,------~--N'C, "" co, ,/ B' UTILITY I /EXISTING I CITY Of ENGLEWOOD ', rV ~~IE~T~~E ' ~l~?~~~.R~~~:f}fs AT '.,\ !f _j AR~--~ \ ' ' \ EASEMENT -\----, -------/ I \'~-S89'34'35"E ·----------I .J :_8~5~·~·::_ _ :.0:::0~ -_ -------_ //] ','--N87" 4 9 '3J "E _..,,' 163.5B'(TIE) 1244.86'(TIE) NW CO R. LOT 1, BLK 1 WOLHURST POINT OF TERMINUS NE COR. LO T 1 , BLK I CENTERLINE LENGTH-=50.0'± / ACROSS CITY DITCH ROW FILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE BOOK 22, PAGE 78 I LOT 1 BLOCK I I I SW1/4 SEC. 32 T5S, R68W, 6TH P.M. I REVISED : 09/2~/07 1780 S . Oeko,re St ., Ste , 230 Denver, CO 80222 1CL ·(JOJ)75J-1719 , .. (JOJ)75J-4044 PSM .J0BfR6l!82 ACAO rit..E : R6682-CXH ONl Y.OWO DRAWN : ARS SUBDIVISION OR OWNER CITY OF 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS Of THE COUNTY ASSESSOR . 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DCFECT IN lHIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT . IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DA TE or THE CERTIFICATION SHOWN HEREON , J .) THE ONLY PURPOSE or THIS EXHIBIT IS TO SHOW THE LOCATION Of' THE TELECOMMUNICATIONS EASEMENT(S) FOR OWEST COMMUNICATIONS . ~.) THIS EXHIBIT SHALL BE CONSIDERED NULL ANO VOID IF' ALTERED IN ANY WAY. G E QWEST EN L WOOD CORPORATION PART OF THE SWl 4 SECTION 32 TOVtt-iSHIP 5 SOUTH RANGE 68 WEST 1 "= 0' 1801 C.AJ.IFalNIA ST., STE. 5100 6TH PRINCIPAL MERIDIAN ARAPAHOE COUNTY COLORADO PAGE 1 OF 2 DENVER co 80202 OVifST JOB : 7221W5A LITTLETON EXC. R.O.W. JU Y 1 2007 GfO C 35190 A LICENSE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, ALSO BEING A PORTION LOT 1, BLOCK 1, WOLHURST SUBDIVISION , FILED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 22, PAGE 78 : BASIS OF BEARING OF THIS DESCRIPTION IS THE I\JORTHERL Y LINE OF SAID LOT 1, BLOCK 1, ASSUMED TO BEAR N89'52'43"W A DISTANCE OF 1458 .29 FEET ; BEGINNING AT A POINT WHICH BEARS S89'34'35"E A DISTANCE OF 1244 .86 FEET FROM THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 1; THENCE S89'52'43"E A DISTANCE OF 50 .00 FEET TO THE POINT OF TERMINUS; WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 BEARS N87'49'33"E A DISTANCE OF 163.58 FEET; THE CENTERLINE LENGTH IS 50 .0 FEET, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE . ~--------~t~i- ·-··""''""· P .L.S . 31158 DXTE REVISED : 09/24/07 1780 S. Bellaire St., Sle. 2l0 Denver, CO 80222 1[L:(JOJ)70J-t1tt rA>::(J(lJ)70J-40H PSM J0B f R&682 ACAD nu:RHl2-[>CH ONLY.owe DRAWN : ARS SUBDIVISION OR OWNER CITY OF PRECISION SURVEY & MAPPING, INC . ENGLEWOOD QWEST CORPORA 110N PART OF THE SWl 4 SECTION 32 TOwtiSHIP 5 SOUTH RANGE 68 WEST 1 "= 1801 CAlfORNA ST., Slt s100 6TH PRINCIP AL MERIDIAN ARAPAHOE COUNTY COLORADO PAGE 2 OF 2 DENVER co 80202 0 ST JOB : 7221W5 A LITTLETON EXC . R.O.W. JULY 12 007 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction E asement (the Temporary Easement) is entered into this _ d ay of ______ , 2007 by and between the City of Englewood , Colorado, a municipal corporation of the state of Colorado, acting b the through its Water and Sewer Board (Grantor) and __ _ Q/.()Lsr ~ •1rn.1A1 lllJUT (Grantee). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a canier ditch (City itch ROW) which is located as described on E xhibit A. " WHEREAS, Qtt>ce;r desires to install a / t0' -Pt.AST/<!. -P~c.-r ~.,...,-~,m""-' rl6l~ C,fcLE-within the City Ditch ROW pursuant to a license between the parti e s. NOW , THEREFORE, In co ns ideration of the mutual c ovenants of the parti es , more pa11icularly hereinafter set forth , the adequacy and sufficiency of which are hereby acknowledged , it is agreed as follows: 1. Temporary Construction Easement. Englewood (as Grantor) hereby grants to_ t:Si>¢1?.G-r (as Grantee), its successors, assigns, contractors, and sub- contractors, a non-exclusive temporary construction easement through , over, under and across the City Ditch ROW for the installation of a TMSTJt:.. 'Daer ~1K111~ P/t.f"lf., pursu ant to a license agreement (the Project). 2 . Tenn of Easement. Th e Project will begin no sooner than and will be comple te d no l ater th an . Comple tion o f th e Proj ect will be d eemed to h ave occmrnd upo n inspect ion and approval of the Project by Grantor and this Temporary Easement will be deemed to have terminated upon s uch c ompletion. 3 . Access . Grantee shall have the temporary non-exclusive right to enter the City Di tch R O W for any reasonable purpose necessary o r prudent for the construction of th e Project s ubj ect to the fo ll owi ng res tiictio n s: 1) normal worki ng ho urs shall be con sisten t wi th CDOT construction ho urs, Monday th.rough Friday and 2) the ope ration of equipment and heavy truck will be pennitted on the Englewood City Ditc h ROW on ly dming nonnal working hours . 4 . Res toration . Upon completion of the Project, Grantee w ill perform su ch restorati o n and regarding as is necess ary or prudent to restore th e s urface area of th e it y Dit c h ROW to its origi nal co ndition . (#(Xl 7(,1114 l 17 HlO OlhO 91 W07 11 47 AM I 5. Indemnification. Grantee, to the extent permitted by the Jaws and constitution of the State of Colorado , hereby agrees to be liable and hold hannless the City of Englewood, its employees, tenants, and guests from any and all claims , causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims . 6 . Liability . Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's construction activities. 7. 8 . Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000 .00 property coverage and $600,000 .00 liability coverage. Grantee further agrees that all its employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. Assignment. This Temporary Construction Easement is assignable only with the wdtten perntission of Englewood, which permission will not unreasonably withheld, conditioned or delayed. 1N WITNESS WHEREOF, the patties here to have executed this temporary construction Easement on this date and day first written above. Jn gran ting the a bove authorization, the City reserves the ti ght to make full use of the pro pe1ty involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF thii-instrument has he.en executed as of the day and year first above written. ITY OF ENGLEWOOD By: __________ _ hairman Englewood Water and Sewer Board By: ____________ _ Director of Utilities City of Englewood The undersigned officer of Qt<>ecr C~1RPtJr.//r1~,I has read the foregoing License and agrees for and on behalf of said t!Re/){.6r Ctmf"/',~/,.n·b.../ that it will accept and will abide by all the tenns and conditions thereof. LICENSEE: By: k~'Rt./ZS ??A c.f Title: "1}f.i.c.,;r,4r£ /lt<.1'NtJ1'1r/ Address : tl1t"~ £. 4-sn,M APl. Phone: 3o~. 7~1. ~t.11 l#lm 7M 4117100 01609/8/2007 11 47 AMI My Commission Expires: M ap Output c,"",c,o s ::.11'h1 S ~: === ·=====e!=== le~--...... !!!!l::==~;;;;;:;;;;;;:;~~ ARAPAHOE COUNTY MAK E-P-AESENl"-M"1 WARRANTY AS TO THE ACCURACY OF THIS MAP OR THE DATA THAT IT DISPLAYS. ARAPAHOE COUNTY ASSUMES NO RESPONSIBILITY OR LIABILITY TO ANY USER. THIS MAP IS NOT A LEGAL DOCUMENT. IT IS INTENDED TO SERVE AS AN AID IN GRAPHIC REPRESENTATION ONLY. Page 1 of 1 t ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE APPROVING AND AUTHORIZING TIIE EXECUTION OF AN "INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK FORCE" BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES AND THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , internet crime against children is an on-going problem in the City and State as well as around the world ; and WHEREAS , the purpose of this intergovernmental agreement is to provide a task force to combat internet crimes against children; and WHEREAS , governments have the authority to join in agreements to fight these crimes pursuant to the Colorado Constitution, Article XX, Section 6; Colorado Constitution Article XIV , Section 18; Section 29-1-203 C.R.S ., Title IV of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended ; and WHEREAS , the mission of the Task Force shall be to : Share intelligence gathered by the parties relating to internet crimes committed against children; make inter-jurisdictional arrests of suspects; conduct training ; provide public education on internet safety and preventive measures; conduct joint open and undercover investigations pertaining to internet crimes against children; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The "Intergovernmental Agreement For The Internet Crimes Against Children Regional Task Force", attached hereto as Exhibit A , is hereby accepted and approv ed by the Englewood C it y Council. Sec tion 2. Pursuant to Articl e V, Section 40 , of th e En glewood Home Rul e Ch arter, the City Council has determined that the Agreement shall not be published because of its size. Section 3 . The Mayor Pro Tern is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, Colorado . In tro du ced, read in fu ll , and passed on first read ing on the 15th day of October, 2007 . 9biii Published as a Bill for an Ordinance on the 19th day of October, 2007 . Read by title and passed on final reading on the 5th day of November, 2007 . Published by title as Ordinance No ._, Series of 2007, on the 9th day of November, 2007. ATTEST: James K . Woodward, Mayor Pro Tern 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. Ell is INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK FORCE This Intergovernmental Agreement, dated for reference this 1st day of June, 2 003, is made by and between the City of Colorado Springs, a Colorado municipal corporation a nd home rule city ("City") and the memb er Parti es as indicated b y sig na t ur e h ereto . The Pmties Agree as follows : SECTION 1 -AUTHORITY: This intergovernmental agreement is made under authority of Colorado Constitution, Article XX, Section 6; Colorado Constitution A1ticle XIV, Section 18; Section 29-1-203 Colorado Revised Statutes, Title IV of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended, and a Cooperative Agreement between the City and the U.S. Department of Justice, Office of Juvenile Ju st ice and Delinqu ency Prevention. SECTION 2 -PURPOSE: The purpose of this intergovernmental agreement is to provide a task force to combat internet c1imes against children. Task force members may be 1mmicipal, county, or federal agencies . SECTION 3 -INTERGOVERNMENTAL AGREEMENT TERM: The tenn of this Intergovennnental Agreement shall, commence at 1 :00 am on the 1st day of June, 2003 and shall end at 11 :59 pm on the 31st day of May, 2008, unless sooner t enninated per the provisions of this Agreement. SECTION 4 -EXPENDITURES: Expenditures nncl Fees of Each Party Deemed Expenditures of That Party: The parties to this Agreement agree that the purpose of this Agreement is to jointly accomplish pursuant to C.R.S. Section 29-1-203 activities which could be performed separately by each Party. Accordingly, it is agreed and understood for purposes of the Colorado Constitution, Article X Section 20, and the Colorado Springs City Charter, that any fees contributed or paid, or otherwise provided by any Party to this Agreement to another Pmty to this Agreement are and remain an expenditure of the contributing, paying, or otherwise providing Party , and are not revenue or expenditures of the receiving Party. • X H I • I T A SECTI ON 5 -THE TASK F ORCE: 5.1 . The Task Forc e: a). The Colorado Internet C1imcs Against Children Regional Task Force is hereb y created. Each Paiiy to this Agreement shall be a member of the T ask Forc e. The Parties agree that the City sh all be the lea d ag ency through the Co lorad o Sp ri ngs P olice Department (CSPD). b). Additional fed eral, municip al, and co unty ag en c ies may b ecome P arties to this Agreement with the consent of the CSPD chi ef. New members shall obtain approv al of this IGA by their gov erning body in accord with Section 29-1-2 03 C .R .S. or , if federal, in accord with federal regulation. Upon approval, a signature sheet sh all be att a ched and added to this agreement, signifying membership, and the city shall notify all Paiiies of the new Paity membership . 5.2. The mi ssion of the Task Force shall be to: a) Share intelligence gathered by the Paiiies relating to internet crimes conunitted against children ; b) Make inter-juri sdictional anests of suspects ; c) conduct training; d) provide public education on intemet safety and prev entive m easures; e) conduct joint open and undercover investigations pertaining to internet crimes against children. 5.3. Meetings: M e etings of the T ask Force sh all be scheduled by the City, which will prov ide adequ ate notice for time, date , and lo cation. E a ch Party will send a Des ign at ed Re p re sentativ e to at tend meetings . Each Pa1iy sh all ensure that it is repres ented at leas t two m eetings p er y ear. The pmpo se of the meetin g s shall be to share info rm ation , coo rdin ate in vestigati ons and facili tate accomplishin g the Task Fo rce's mi ssion . Each Paiiy sh all cooperate w ith the Ci ty to provi de information n eed ed fo r City r eports t o th e U.S. Department of Justice. ).4 . Operations -The Parties may share investigative information on a daily basis in accord with Colorado Law. Peace officers from the Parties may engage in corporative investigations, both open and undercover, involving each other's jurisdictions, with the consent of the chief peace officers of jurisdictions involved. However, when p h ysically operating in a jurisdiction other than the officer's own jurisdiction, an officer shall be accompanied by an officer of the jurisdiction in which the investigative activities are occu rring. For puiposes of this agreement, "accompanied" in the physical presence of for purposes of open investigations, and shall mean an officer within supporting distance of the investigating officer and actively pmiicipating in the investigation activity for undercover operations. In the event that a raid or arrest is carried out by Task Force officers, the lead officer and atTesting officer shaJJ be an officer of the jurisdiction in which the raid or arrest takes pince; the officers of other jurisdictions mny assist. f ' 5.5. Funding: Federal funding is not required for participation in this Agreement. However, the City has received Office of Juvenile Justice and Delinquency Prevention (OJJDP) funds from the federal govenm1ent. The City may continue to apply for this funding. The City may, at its sole determination, make sub grants of these federal funds to various Task Force members. In doing so, the City shall detennine what equipment and cash payments will be provided to a member, and the use of that cash or equipment. The City shall provide the h'rants and or cash by an ammal Jetter. No further action or agreement will be required by the governing body of the City or the receiving party to effectuate the grant transfer. The City shall retain ownership of the equipment, with the beneficial use being held by the Party. In 1.he event the using patty withdraws from this Agreement or ceases, in the City's sole opinion, to actively pa1ticipate in the Agreement, then the equipment provided under this provision or acquired with cash provided under this provision shall be returned to the City within thi1ty (30) days of written demand by the City, unless the City otherwise elects to transfer ownership of the equipment to the using party by written notice. All letters providing grants of equipment or cash, and all letters transfeITing ownership of equipment to Parties, shall be attached to this Agreement as sequentially numbered Attaclm1ents . 5.6. Equipment: Upon tennination of this Intergovenunental Agreement, all vehicles and other personal property equipment procured by any Party pursuant to sub- grant funding by the City pursuant to this Intergovenunental Agreement shall be and remain the prope1ty of the City unless the City otherwise directs in w1iting. SECTION 6-GENERAL TERMS AND CONDITIONS: 6.1. Assignment: A Paity shall not assign or otherwise transfer this Intergoven1111ental Agreement or any 1ight or obligation hereunder without the p1ior written consent of the City. 6.2. Law: This Intergoven1111ental Agreement is subject to and shall be interpreted under the law of the State of Colorado, and the Chatter, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs, Colorado, a Colorado Home Rule City. Court venue and jurisdiction shall exclusively be in the Colorado District Court for El Paso County, Colorado. 6.3. Appropriation and Availability of Funds: a). Appropriation an d availability of funds -The City In accord with the Colorado Constitution, A1ticle X, Section 20, and the City Charter, performance of the City's obligations under this Int ergovenunental Agreement are expressl y subject to appropriation of funds by the Co lorado Springs City Council. Further, in the event that funds me not appropriated in whole or in part sufficient for perfonnance of the City's obligations under this Intergovernmental Agreement, or appropriated funds may not be expended due to Constitutional or City Charter spending limitations, then the City may terminate this Intergovcrmncntal Agreement without compensation to the other Patties . b). Appropriation and availability of funds -Colorado governmental entities: In accord with the Colorado Constitution, A1iicle X , Section 20, performance of each Party's obligations under this Intergovernmental Agreement are expressly subject to appropriation of funds by the Pa1iy's governing body. Further, in the event that funds are not approp1iated in whole or in part sufficient for perforn1ance of the Party's obligations under this Intergovernmental Agreement, or appropriated funds may not be expended clue to Constitutional Article X s pending limitations, then the Party may terminate its pmiicipation in this Intergovernmental Agreement without compensation to the other Parties. c). Appropriation and availability of funds -federal agencies: The perfonnance of a federal agency's obligations under this Agreement is expressly subject to appropriation and availability of funds for that purpose. 6.4. Intellectual Prope1iy Rights: The Parties hereby agree, and aclmowledge, that all products, items writings, designs, models, examples, or other work product produced pursuant to this Intergovernmental Agreement, are and shall be the prope1iy of the City, and that the City owns, has, and possesses any and all ownership rights and interests to any intellectual prope1iy made or produced under or pursuant to this Intergovernmental Agreement, including any and all copyright, trademark, or patent rights, and that compensation to a Party for agreement and acknowledgement of this INTELLECTUAL PROPERTY RIGHT section of this Intergovernmental Agreement is included in the Consideration rendered to the Parties by the City in agreeing to this Intergovernmental Agreement. It is the intent of the Pmiie$ that the City shall have full ownership and control of the products produced pursuant to this Intergovernmental Agreement, and each Pa1iy specifically waives and assigns to the City all rights which the Party may have under the 1990 Visual Artists Rights Act, federal, and state law, as now written or later amended or provided. In the event any products, items writings, designs, models, examples, or other work product produced pursuant to this lntergovenunental Agreement is deemed by a cowi of competent jurisdiction not to be transfe1Ted to or owned by the City, this INTELLECTUAL PROPERTY RIGHTS provision shall act as an iITevocable assigmnent to the City by the Patties of any and all copyrights, trademark ri ghts, or patent rights in the products, items writings, designs, models, examples, or other work product produced pursuant to this Intergovenm1ental Agreement, including all rights in perpetuity . Under this irrevocable assigmnent, each Pmty hereby assigns 1o the Ci ty the so le and exclusive right, title, and interest in and to the products, items writings, designs, models, examples, or other work product produced pursuant to this Intergovenunental Agreement, without further consideration, and agrees to assist the City in registering and from time to time enfo rcing all copyrights and other rights and protections relating to the products, items writings, designs, models, examples, or other work product in any and all coun tries. lt i s each Party's speci fic intent to assign all right, title, and interest what soe ver in any and all copyright rights in the produ cts, items writings, designs , models , examples, or other work product produced pursuant to this Intcrgoverm11 ental A!:,rrecmcnt, in any media and for any purpose, including all rights of renewal and x tcn sion, to the City. To that end, each Party agrees to execute and deliver all necessary do uments reguc ted by the City in co1mection therewith. and hereby grants to the City all rights to ex ecute, register, and file any such applications, and to do all other lawfully pern1itted acts to fu1iher the registration , prosecution, issuance, renewals, and extens ions of copyrights or other protections with the same legal force and effect as if executed by each Paiiy; further, the paiiies expressly agree that the prov isions of thi s INTELLECTUAL PROPERTY RIGHTS section shall be binding up on the parties and their, succes sors, and assigns. 6.5. Termination : The City may termin ate this Intergovernmental Agreement fo r convenience upon thirty clays prior written notice to the Parties, without compens ati on to the Patties. Any Party may terminate its participation this Intergovernmental Agreement for convenience upon thirty days prior written notice to the City and r e-pa yment to the City of all unexpended funds provided to the Paiiy under this Agreement. 6.6 . Local Concern: The paiiies agree and aclmowledge that the act1v1ties contained in this Agreement are matters of local concern only, and that the Patties have mutually joined together for the perfonnance of the matters of local concern, and that nothing in this agreement shall or be constmed as making any of the local concerns covered herein matters of mixed concern or statewide concern. 6 .7. Entire Agreement. This Agreement, together with all exhibits attach ed hereto , constitutes the entire agreement between the parties hereto, and all other r epresentations or statements heretofore made, verbal or written, are merged herein, and thi s A greem ent may be amend ed only in writing, and ex ecuted by duly autho1i z ed representatives o f th e paities hereto. 6.8 . Nonwaiver of Rights. No waiver of default by the City of any of the tern1s, covenants , and conditions hereof to be perfo1med, kept, and observed by any Party shall be constm ed, or shall operate, as a waiver of any subsequent default of any of the t erms , cov enai1ts , or conditions h erein contained to be perfonned, k ept , and ob served by that Paity. 6 .9. Force M aj eure. In the event of ei th er patty b ein g ren dered unab le who ll y, or in pmt, b y fo r ce m aj eure to ca rr y out its ob l iga tions under this Agreement, other than its obligations to make payments of money due hereunder, then on such paiiy's giving notice and full particulars of such force majeme in writing to the other pmty ns soon as possible after the occtmence of the cause relied on, then the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period, und such cause shall, as far as possib le, be remedied with all reasonable dispatch. The tenn "force majeure" as emp loyed herein shall mean acts of God, acts of the public enemies, wars blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, stonns, and floods. 6.10. Headings . The headings of the se veral articles and sections of this Agreement are inserted only as a matter of convenience and for reference and cl o not define or limit the scope or intent of any provisions of this Agreement and shall not be construed to affect in any maimer the tenns and provisions hereof or the interpretation or construction thereof. 6 .11. Integration. This is a completely integrated Agreement and c ontains the enti r e agreement between the parties . Any prior written or oral agreem ents or repre sentat io n s regarding this Agreement shall be of no effect and shall not be binding on any P arty or the City. Further, eaci1 Party and the City aclmowledge and agree that this is a negotiate d text agreement, and that as such no term shall be construed against the City as the author thereof. 6.12. No Third Party Beneficiary. It 1s expressly understood and af,11:eed that enforcement of the tenns ar1d conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Patties hereto, and nothing contained in this Agreement shall give or al low any such claim or right of action by any other or third person or entity on such Agreement. It is the express intention of the Parties hereto that any person or entity, other than the Patties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental beneficiaries only. 6 .13. Waiver: The provision of services under this Agreement is for the benefit of the member Patties . Accordingly, Each Pa1ty does hereby waive, remise, and release any claim, right, or cause of action it may have, or which may accrue in the future , against the City arising in whole or in part from this Agreement. 6.14. Compensation: Except as otherwise stated in this Agreement, no Patty to this Agreement shall be require d to pay any compensation to other Party or the other Party's personnel for any services rendered hereunder. Nothing in this agreement shall be c onstru ed to place th e perso1mel of any Party under the control or employment of another P atty. Each Party remains r es ponsible for all pay, entitlem ent , emplo yment de cisions , an d worker's co mp en sation li abilities, for its own pers onnel. N othing in this agre em ent is intended to create or gra nt to any th ird pmty or perso n an y right or cl ai m for dam ages or the right to bring or maintain any action at law, n or does any Patty waive its immunities at law, including immunity granted under the Co lorado Governmental Immunity Act. 6.15. This Intergovernmental Agreement has been approved by the Patties in accord with Section 29-1-203 C.R .S. by a Colorado Sprin gs City Cou n cil Resol u tio n , and appropriate governing body reso lutio n of each Party as provided un d er Section 29-1-203 C.R .S., or federal aut h orization, to be attach ed fo r reference hereto as Exhibits A, which resolutions authorize the sig11atures below . -CI T Y OF ENGLE WOOD, COLO RADO James K. Wood ward , Mayor Pro Tern ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL Bll.L NO . 64 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE APPROVING AND AUTHORIZING 1HE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DENVER INNOCENT IMAGES TASK FORCE (DENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE CITY OF ENGLEWOOD , COLORADO. WHEREAS , internet crime against children is an on-going problem in the City and State as well as around the world; and WHEREAS, the purpose of this intergovernmental agreement is to identify and target for prosecution producers, distributors and possessors of child pornography and any other individuals using the internet to entice minors for the purpose of sexual exploitation; and WHEREAS , the Denver IITF will enhance the effectiveness of Federal/State/Local law enforcement resources through a well coordinated initiative seeking the most effective avenues by which to convict and incarcerate dangerous off enders ; and WHEREAS , the authority for the FBI to enter into this agreement can be found at 2 8 C.F.R. Section 0 .85 and applicable United States Attorney General guidelines ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Intergovernmental Agreement "Denv er Innocent Images Task Force (Denv er IITF) Memorandum of Understanding (MOU), attached hereto as Exhibit A , is hereby accepted and approved by the Englewood City Council. Sect ion 2 . Pursuant to Arti cle V, Sect ion 40 , of the Englewood Home Rul e Charter, the City Council has determined that the Agreement shall not be published because of its size. Section 3 . The Mayor Pro Tern is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, Colorado . In troduced, read in full, and passed on firs t reading on the 15th day of October, 2007 . 9 b iv Published as a Bill for an Ordinance on the 19th day of October, 2007. Read by title and passed on final reading on the 5th day of November, 2007. Published by title as Ordinance No ._, Series of 2007 , on the 9th day of November, 2007. James K. Woodward, Mayor Pro Tern 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 the Ordinance passed on final reading and published by title as Ordinance No.__, Series of 2007. Loucrishia A. Ellis e DENVER INNOCENT IMAGeS TASK FORCE .(D .ENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU) 1) PARTIES This Memorandum of Unde rstanding (MOU) Is entered Into by and between the Federal Bureau of Investigation (FBI); the Englewood Police Department. 2) AUTHORITIES Authority for the FBI to enter into this agreement can be found at 28 U.S.C. § 533 ; 42 U.S.C. § 3771; and 28 C.F.R. § 0.85 and applicable United States Attorney General g1.,1ldelines . 3) PURPOSE The purpose of this MOU is.to delineate the responsibilities of DENVER IITF participants, maximize Inter-agency cooperation, and formalize relationships between the participating agencies for policy guidance, planning, training, public and media ·.relations. This MOU ' 1!> not intended , and should not be construed, to create any . right or benefit. substantive or procedural, enforceaple at law or .otherwise by any third party against the parties, the . United· States,. or the officers, employees, agents, or other associated personnel thereof. 4) MISSION The mission of the DENVER IITF is to Identify and target for prosecution · pro~ucers, distributors and possessors of child pornography and any other individuals using the Internet to entice minors · for the pu ·rpose of $exual exploitation. The DENVER IITF will enhance the effectiveness of Federal/State/Local Jaw enforcement resources through a well coordinated initiative . seeking the most effective investigative/ prosecutiva avenues by' which to convict and ·incarce rate dangerous offenders . · 5) SUPERVISION AND CONTROL A. Supervision Overall supervision of the personnel on the DENVER liTF shall be the shared respo nsibility of the participants. · T he Special Agent In Charge (S AC) of the Denver Division sha ll desig nate one Su pervlsoty Special Agent (SSA) to have direct an d daily res ponsi b ility ·for all personnel and investigative matters pertaining to the DENVER IITF. l . I! X H I B I T A Responsibility for conduct, not under the direction of the SAC or SSA, of each DENVER IITF · member, both personally and professionally, shall remain . with the respective agency head · and each agency shall be responsible for the actions of their respective employees. Each agency member who is a DENVER IITF member will be subject to the personnel rules, regulations, laws, and policies applicable to those of their respective agencies . · FBI participants will continue to adhere to ·the Bureau's ethical standards and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the Department of Justice. Each DENVER IITF member will continue to report to his or her respective agency head for non-investigative administrative matters not detailed in this MOU. . Subject to other provisions in this document, continued membership on 'the, DENVER IITF will be based on performance and will be at the discretion of each member's respective s~pervisor. B. Casa Assignments The FBI SSA with designated .oversight for Investigative and personnel matters will be responsible for opening, monitoring, directing, and clo~ing DENVER IITF investigations In accordance with existing FBI policy and the applicable United States Attorney General's Guldellnes . · Ass.ignments of cases to personnel will be based on, but not limited to, experience, training and performance, In addition to the discretion of the SSA with designated oversight for Investigative and personnel matters. For FBI administrative purposes, DENVER IITF cases will be entered into the relevant FBI computer system. · DENVE R II TF members wlll have equal responsibility for each case assigned. DE NVE R II T F pe rs onnel will be totally responsible for the complete investigation from predication to resolution. · C. Resource Control Specific control of DENVER IITF resou rces, in cluding personnel , and the continual -dedication of DENVER IITF res ou rces shall be retained by the participating agency heads, w ho will be kept fully apprised of all Investigative developments by their res pective sub o rd inates. 2 e f 6) OPERATIONS A. Investigative Excluslvlty It is agreed that matters designated to be handled by the DENVER IITF will not knowingly be subject to non-DENVER IITF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper Internal nc;,tlflcation regarding the DENVER IITF 1s existence and areas of concern. It is agreed that there Is to be no unilateral action taken on the part of the FBI or participating agencies relating to DENVER IITF Investigations or areas of concern. All law enforcement actions wlll be coordinated and cooperatively carried out. B. lnfonnants The disclosure of FBI informants to non-DENVER IITF members will be limited to those situations where It Is essential to the effective performance of the DENVER IITF. These disclosures will be consistent with applicable · FBI guidelines . . Non-FBI DENVER IITF members may not make any further disclosure of the identity of an FBI Informant, including to other members of the DENVER IITF. No documents which identify, tend to Identify,· or may Indirectly identify an FBI Informant.may be released w~out prior FBI approval. In those instances where a participating agency provides an lnfonnant, the FBI may, at the discretion of the SAC, become · solely responsible for the informant's continued development, operation, and for compliance with necessary administrative procedures regarding operation and paymerit as set forth by the FBI. · The United States Attorney General's gulqellnes and FBI policy ·and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and CWs opened and operated in furtherance of DENVER IITF Investigations . Documentation of, and any payments made to, FBI Informants and CWs shall be in accordance with FBI policy and proced~re . a Operation, documentation, and payment of solely state, county, or local informants and CWs opened and operated by Non-FBI DENVER 1.iTF members in furtherance of · DENVER IITF · investigations must be in accordance with the United States Attorney General's guidelines. Documentation of state, county, or local Informants and CWs opened and operated in furtherance of DENVER IITF investigations shall be maintained at an agreed to location. C. Reports and Records All investigative reporting will be prepared In compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the DENVER IITF will be made available for inclusion In the respective investigative agencies' flies as appropriate. DENVER IITF reports prepared In case.s assigned to state; county ~nd local participants will be maintained at an FBI approved location; original documents will be maintained by the FBI. Records and reports generated .in DENVER IITF cases which a·re opened and assigned by the FBI SSA with deslgnateq oversight for investigative and personnel matters will be maintain.ad in the FBI investigative file for DENYER IITF. DENYER IITF investigative records maintained at the Deriver office of the · FBI will be available to all DENVER IITF members, as well as their supervisory and command staff subject to pertinent legal, administrative and /or'policy restrictions. All evidence and original tape recordings ·(audio and video) acquired during the course of the DENVER IITF investigations will be maintained by the FBI. The FBl's rules and policies governing the submission, retriev~I and chain of custody will be adhered' to by DENVER IITF personnel. · ALL DENVER IITF investigative records .will be maintained at an apprqved FBI location . Placement of all or part of said Information into participating agency files rests with the discretion of supervisory personnel of the concerned · agencies . . Classified information and/or documents containing information that identifies or tends to identify an FBI informant shall not be placed In the files of participating agencies unless appropriate FBI pollcy has been satisfied . 4 e f 7) INFORMATION SHARING No Information possessed by 'the FBI, to inclu.de information derived from Informal communications by the Assignee with personnel of the FBI, may be disseminated by the Assignee to non DENVER IITF personnel without the permission of the Ass;gnee's designated FBI DENVER IITF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the Participating Agencies that would permit the Participating Agencies to receive that Information directly. Likewise, the Assignee wlll not provide any Participating Agency information to the FBI that .ls not otherwise available to It unless authorized by appropriate. Participating Agency officials . 8) PROSE~!JTIONS . DENVER IITF Investigative procedure Is to conform to the requirements for Federal Prosecution. A determination will be made on a . case-by-case basis whether the prosecution of DENVER IITF cases will be at the State or Federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the DENVER IITF. In the event that a state or local matter Is developed that Is outside .the Jurisdiction of the FBI or it is decided to prosecute an DENVER I ITF. case at the state or local level, the FBI agrees to provide all relevant infonnatlon to state and local authorities. Whether to continue. and/or conduct additional investigation of the state or local crimes Involved will be at the sole discretion of the respective state and local authorities. A. Investigative Methods/Evidence For cases assigned to an FBI Special Agent or in which F B I informants or cooperating witnesses are utilized, the parties agree to conform to federal standards concerning evi9ence collection, processing, storage, and electronic surveillance . 9) In all cases assigned to state, county, or local law enforcement participants, · the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. H·owever, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative .. methods emploved by state and local law enforcement agencies shall conform to the rtJ quirements of such statutory or common law pending a decision as to venue for prosecution . The use of other Investigative methods (search warrants, interceptions of oral communications, etc .) and reporting procedures In · connection therewith v-:111 be consistent with the policy and procedures of the FBI. B. Undercover Operations All DENVER IITF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may · be requested to enter Into an additional Memorandum of Understanding (MOU) If a member of the participating agency is assigned duties which require the officer to act in an undercover capacity. DEAOL Y FORCE AND SHOOTING INCIDENT POUClES Members of the DENVER IITF will follow their own agency's policy concerning firearms discharge and use of deadly force. 10) DEPUTATIONS Local and state law enforcement personnel designated to the DENVER IITF, subject to a limited background -inquiry, may be sworn as federally deputized Special Deputy Uryited States Marshals, with the FBI securing the required deputation auth9rization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the DENVER IITF or until the termination of the DENVER IITF, whichever comes first. Administrative and personnel policies Imposed by the participating agencies will not be voided by deputation of their respective personnel . 11) VEHICLES ;, The FBI may au t horize m e m bers of the DE NVER II TF to use vehicl e s owned or leas~d by t he FB I when necessa ry in conne cti on with DENVER IITF surveillance, case management a nd Investig at ion s , and if availa ble . 0 .When authorized, participating agency personnel using FBI vehicles agree to operate the vehicles in accordance with all applicable FBI rules and regulations as outlin.ed in. the FBI Manual of Administrative Operations and Procedures (MAOP), Part I S.ection 3.1. FBI vehicles, including Government-owned, rented, and leased vehicles, are to be used for official business only. The participating agencie.s agree that FBI vehicles will not be used to transport passengers unrelated to DENVER IITF business. The responsibility for all other liability attributed to the participating agencies resulting from the use of DENVER IITF vehicles by their employees, confidential Informants, or by .cooperating witnesses rests with .the individual participating agency. · Th~ participating agencies agree to be responsible for any damage Incurred to DENVER IITF vehicles caused by any act or omission on the part of their respective employees and participating agencies agree to assume financial responsibility for property damage to said vehicles. 12) SALARY/OVERTIME COMPEN'SATION The salaries/overtime .of.DENVER IITF members will be paid by the FBI In accordance with a separate Cost Reimbursement Agreement. 13) PROPE.RTY AND EQUIPMENT Property utilized by the DENVER I ITF In connection with authorized Investigations and/or operations and Is In the custody and control and used at the direction of the DENVER IITF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. 14) FUNDING This MOU ls not an obligation or commitment of funds, nor a basis for transfer ot' funds, but rath~r ls a basic statement of the understanding between the ·parties hereto of the tasks and methods for peiiormlng the tasks described herein. Unless otherwise agreed in writing , each party shall bear its own costs In relation to this MOU . Expenditures by each party will be subject to Its budgetary processes and to the availability of funds and resources pursuant to applicable laws, . regulations, and ·policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. 15). FORFEITURES 7 · The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunctions with DENVER IITF operations_. . Asset forfeitures will be conducted In accordance with Federal law, and the rules . and regulations set for forth by the FBI and Department of Justice (DOJ). Forfeitures attributable to DENVER IITF investigations may be distributed among the agencies participating In the DENVER IITF. 16) DISPUTE RESOLUTION In cases of overlapping Jurisdiction, the participating agencies agree to work in concert to achieve the DENVER IITF's objectives . · · The parties agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring .the matter to supervisory personnel for resolution. 17) MEDIA RELEASES All media releases and statements wlll be mutually agreed upon and jointly handled according to FBI and participating agency guid.elines. Press releases will conform to DOJ Guidelines regarding press releases. No release will be Issued without FBI finaf approval. · 18) SECURITY CLEARANCES Thirty da yr ""rior to being assigned to the DENVER IITF, each candidate. will be required to fumish pages 1, 2, 3,· 9 (certification ·only), ,and 10 of the "Questionnaire for Sensitive Positions" (SF-86). Sometime thereaft~r. a representative from · the FBI will conduct an rntervlew of each candidate. If, for any reason, a candidate Is not selected, the participating agency will be so advised and a request will be made for another candidate. · Upon being selected , each candidate will receive a comprehensive briefing on FBI field office security policy and procedures . During · the briefing, each candidate will execute a non-disclosure agreement (SF -312) and FD-868, as may be necessary or required by the FBI. 8 ,. When FBI space becomes available, before receiving access,· DENVER IITF members will be .required to undergo a full background Investigation and receive and maintain a "Top Secret" security clearance. In addition, DENVER IITF members will also be required to . complete the ''Questionnaire for Sensitive Positions" and the required fingerprint cards. lri the interim, DENVER IITF members will not be allowed unescorted access to FBI space.- Upon departure from the DENVER IITF,. each candidate will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement previously agreed to by the DENVER IITF member. 19) LIABILITY Unless specifically addressed by the terms of this MOU, the parties agree to .be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by DOJ on a case by case basis. The FBI cannot guarantee the Uhlted States will provide legal representation to any Federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government., acting within the scope. of his employment, shall be an action against the Untied States under the Federal Tort Claims Act (FTCA), 28 U.S.C.§ 1346(b), §§ 2671-2680. For the. limited purpose of defending claims arising out of DENVER l!TF activity, state or local law enforcement officers who have been specially deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee,; of the United States government as defined in 28 U.S .C. § 2671. ~5 U.S.C. § 3374(c)(2). Under the Federal Employees Liability Refom1 anc.: Tort Compensation Act of 1988 (commonly known as the Westfall Act) .. 28 U .S .C . § 2679(b)(1) the Attorney General or her designee may certify that an individual defendant . acted within the scope of his employment at the time of the incident-giving rise to the suit. .IQ., 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U .S.C. § 2679(d)(2}. If the United States is substituted as defendant, the individual employee Is thereby protected from suits In his official capa_clty. · If the Attorney general declines to certify that an employee was acting within the scqpe of employment, "the employee may at any time before trial petition the court to find and certify that.the employee was acting within the scope of this office or employment." 28 U.S.C . § 2679(d)(3). Liability for negligent or willful acts of DENVER IITF employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. · Liability for vfolatfons of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputized federal officers. Both ·state and federal officers enjoy qualified immunity from suit for constitutional torts "insofar as their conduct does not violate clearly established statutory or constltutlonal rights of which a reasonable person would have known . Harlow v, Fitzgerald, 457 U.S. 800 (1982). DENVER IITF officers may request representation by the U.S. Department of Justice for clvll suits against them In their individual capacities for actions taken within the scope of employment. 28 C .F.R §§ 50 .15, 50.16. An employee may be provided represe.ntatlon "when the actions for which representation requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or [her] deslgnee determines that providing representation would otherwise be In the interest of the United States." 28 C.F.R : § 50.15{a). · A DENVER IITF officer's written request for representation should . be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the DENVER IITF. The CDC .will then forward the representation request to the FBl 's Office of the General Counsel (OGC) together with a Lette rhead memorandum concerning the factual basis for the l awsu it. FB I/OGC will th en forwa rd the re quest to th e Civil Division of DOJ toget her with an agency recommendation concerning scope of employment and Department representation . 28 C.F.R. § 50.15(a)(3). If a DENVER I ITF officer is found to be liable for a constitutional tort, he/she may request in demnifica t ion f ro m DOJ to satisfy an adverse judgment rendered against t he employee in his/her Individual capacity. 28 C.F.R. § . 50.15(c)(4 ). The cri t eria for payment are substantially si milar to those used to determine whether a federal employee Is entitled to DOJ representation under 28 C .F .R. § 50 .15(a). 10 e 20) DURATION The term of this MOU is tor the duration of the DENVER IITF's operations , contingent .upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency Involved. Any participating agency may wlthd·raw from the DENVER IITF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or progr~m manager of the DENVER IITF at least 30 days prior to withdrawal. Upon termination of this MOU, all equipment provided to the DENVER IITF will be returned to the supplying agency/agencies. In addition,· when an · entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any DENVER IITF participation. 21) MODIFICATIONS This agreement may be modified at any time by written consent of all lnvol.ved agencies. Modifications to this .MOU shall havt no force and effect unless such . modifications are reduced to .writing and signed by an authorized repre.,entatlve of each participating agency. CITY OF ENGLEWOOD, COLORADO --------··-- Ma y or Pro Tern, J ames K . Woodwa r d SPECIAL AGENT IN CHARGE FOR DENVER FIELD OFflCE DATE DATE ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 66 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT" BETWEEN THE CITY OF AURORA, COLORADO; THE NORTHERN COLORADO WATER CONSERVANCY AND THE CITY OF ENGLEWOOD, COLORADO, PERTAIN1NG TO A JOINT DEFENSE FOR THE FRICO/UNITED LITIGATION . WHEREAS, the FRICO litigation is a series of cases being filed by FRICO, East Cherry Creek Valley, Henrylyn and Burlington Ditch and Reservoir and is the largest request in the history of Colorado for water rights changes on the South Platte River; and WHEREAS, the FRICO participants have submitted applications trying to change water rights from agricultural to municipal use, alter augmentation plans and change points of diversion; and WHEREAS , Denver and FRICO have a 1999 agreement which allows Denver to divert out of priority, which would injure Englewood 's water rights and affect Englewood 's McLellan rights ; and WHEREAS , the passage of this proposed Ordinance will allow Englewood 's Water Rights Attorney to work with the City of Aurora and the Northern Colorado Water Conservancy District (NCWCD) on the FRICO/United litigation in the exchange of information and to share costs and strategy during the FRICO litigation; and WHEREAS , the FRI CO litigation could change a great number of water rights , and Englewood wants to insure that historical patterns of diversion are protected in accordance with past decrees ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL EWOOD, COLORADO, AS FOLLOWS : Section 1. The Intergovernmental Agreement for "Joint Defense And Confidentiality Agreement" is hereby accepted and approved by the Englewood City Council and is attached hereto as "Exhibit A". Sec tio n 2 . The D irector of Utilities is auth orized to sign said Agreement for and on behalf of the City of En glewood . Introduced, read in full , and passed on first reading on the 15th day of October, 2007 . -1 - 9bv . Published as a Bill for an Ordinance on the 19th day of October, 2007. Read by title and passed on final reading on the 5th day of November, 2007. Published by title as Ordinance No._, Series of 2007, on the 9th day of November, 2007. James K. Woodward, Mayor Pro Tern 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007 . Loucrishia A. Ellis -2- .. i:: :: n I ~- T rt, I I i ! I • i i 1 1 : ' I I I I . ·, 11 (~R-20-06 NON 08: 24 Al1 NCWCD-HQ FA:~ NO. B70 5:~2 084? This Joint Deftinso Agreement ("Agr"mer.rt") s•,1:s forth th,~ 1,1ruierr:;a•1ding c,f tlw City of En,gl~wood ("Euglewood''), the City of .Auror,L ("Aurom"), 11m l t ,e m,rthe :r , Cqlorado Waler Covwvaucy District (''Northern"} and their mvr;;ct.;.vc coi.:mstl. (collectiycly the "Parties") ln connoclion with Wit,~r Court Ca!e No1:. 02CWlOS, 03CW129; 04CW174~ 02CW39u, DJCW&.S, 03CW21&, 03'CW4'12, 04CWOBS;. 04CWJS6; 04CW362; and,.04CW365 ('Water Matr:ers'J. IRE l~nncs' COMMON lNTEREST IN 'X'E1!!.!~~ll~J~U1J:/j;]d .idHigl The Pllrtles tnay make av11ilable to e1tch other privlfoged inforu ,atfon ,. bmi1 verbally 11ncl In writing, Including notes, documents, m«:nioraijdn, ~l·1 d re,r.mc:h ('1Comn1on Interest Materials"), relating to the rcr.poctivc rcpresent11tirn19 c,f Pe.r~ie:1 In co11ncclJ011 with the Water Matters. The Common lntt:.r:eat Ma.teri1Jt!I 111~:, relle ,:t ILt:d incmpora1c c,onfidential comnlllnicadons made by th ,! l 1artie11 to thllb <;; lit iel,. 11nd ty their cotmsel to thern, o.nd are protected by the atton1E1y/cllont 11rivU,1,gc · fh:irt dis ,:lo,11:r.,l, and thel"efot"<1 art int:ended to be insulated from t:IX!)':>fi\1re b~rond tho :rnr:'inc1 oi:· '!b: Pflrtles (the "Common Interest Privilege"). See ,tg. JvJ'all'er of Grund J,.,~,· S1/bp ,,1~a /)ur,t¥ Tec111t1, datr:J November J(J, 191', 400 F.Supp. HI (S .tl .N.Y. 197!i). In addftl:,)rl, th~ C'.ommon Interest Material~ are pl'otected from disclc,sure a!t a re-Jule c,f<he ,iti:omel' waiic~pro<lucl . doctrine or other appli~ble privileges. See c.f. 11irmnt.rr,,r Pt,?·luet! Co,,,. v. J._(011$Qll to Chemical Corp., 26 P.R..D. 572 (S.D.N .Y. l sioo). Thi, Puilt1s arc makin.s the Col11ll'lon 1.nterest M'.atcriaI11 a"aHal,lll t.o each othff bccauMi the l'orliea intend to cooporate to reduoo cxpens1,s, improve eiflr:lc!nr.hs, lni;reme co1r.lll'lu11io,tlcms, and l'eduee the likelihood of pot'cntia! HabUiticis c.f tho E'a.rtics 1.nd 11n.r othcll' part)' who may, in the future, become hivolvud in the W1rtar Mattern. l3&;311uc, c.f t~ privile,1e.d uaturo of the Common tnterest MateriAlt, those, i:na1:eriaYs wll i be sharo.l among the Parlies with the express understanding tbat tl-ic: Putie,1 sliaJI 1101: <:o ,nm:ii11icuH the C()l\tcnts tltereofto others, bocauae the exchange of Cc,m111on lntemr,,; l,fot, .. riab is 1.01 made for the puq,ose of allowing unlhnited publication 1>r use, bill In corn:idc::,ce, fo.-1h ,: liinited and restricted purpose of assisting the Parties in ad.vancing the Water ?-Jatt1'1"1 t,1 ,1 suocossful conc lusion. Tht · P~lrtics understand tbat tho purposo of this Aureement is tc, fhd il ,n cc11m11.1)11 int,1rn~t revresentatlon by increasing the informati.on fJc,w betwcun the }.lr,rttlcs . 1'h,, Parties rccllgni:,.e, however, that under some clrcumstnr,c:es , infom1a1ion \m:IW to c,.m l'arly maiy 11ot be sh&tcd with the other Par1ies to the Agrtun,:nt . Notbine: in this Agniement is inteoclod as, shnlt. constitute\ or shall be, iclterprett?d , cooslracid c,r u~<id as evidence of •n admiu1ion by a Part)' ,of any wnm11dc:~11r,. fiah :li:ty ::r:· fault (ln.cl\tdh,g comparative or prop01tlon1te fault), a wat,,er ,,f &.n)' prid[c J", oloirn , tight or dcfonse, cstoppcl, or 1m admission as to IIJlY tnatter of law or f:a.;;t, either a! b~tion the Pa:rtics or with respect to any person or ent.i1y-Mt• party to f,.i u. /1grecm~t~1 provided, hov.f!Vcr, that any "Party shall he entitled 10 use this Agre ement to ~rce it1 tenns. p,2 ~ ' I I! X H ' a I T A IJ :.· .· ,., . I •\. I I' ' .. ' ' ' I • 11i'.lR-20-06 MON 08: 2 ~ ill1 NCWOD-HQ FA X NO. B70 5:32 1)8!1 ;:. If any person or entity not a part to thi~ Agreement rC';jU(:stu or demam111,. hy s~bpocn11 01· c1therw.t&e, 311)' Common Tntcrcst .Materials from ,my I 1mty x frum an;y PnrtJ!s ugcml, employee,, con11ulta.nt, or representative, S'Uch Pt;1y stiall : {I) ir,tn1,1 diJJ .bil:y notify the otlter Parties, and (2) n11sert the Commo,n In1ere11t Priviloeg~ w;:)1 1.1&pt ,c:t 1,:, the, requ,~~tetl Common lntcrt111t M11tc1rials. Ench Party and ench J>11rty '., ::1,r p ,:c· tiv ,e 1x1ur.i,;f:I sh~.ll tllke ull step~ nocemry to a.ssert all applicable rights and priyih,i:~~ with r0,!1pe1;t t-o such Common Interest Mateiielc and shrill OOOJlerate 1ully w:m, the ot i nr '.P ,utfos: in an:v judicial proce-edings related to the disclosure of the: Common Interc ,st M'.am ie 1s. Tl,e intent of this Asrccmcnt is to pre!1orve :iny pr:.vilege a:;•;.:111 ,:ablo to the C()mmon In!·e:r~t M1rterial11 whilci , pur11uing the Ptrrties' ·common inturor.: a11 ·l to keep alJ Common Ir.l':ereat Ma.tcrials confidential to the muhnun, e,c(ettl 1Jfow .~,1 by luw . A Pa1ty's disc:foflm-e of Common TntcreRt Materials mcch1mg<:d 1>ursua:nt t.c, thh Anree111.11r:J. shall not t,c, deemed a w11.iver by the other Parties oftheir linht t,:, 1is11ett 11. clai,n 1>fthe. Conimon Interest Privilegt and •ttomey/client or work-prciduc t privilci;:,: wi.:h r,:spcc:t t ·:> any Common Interes.t Matotia1s. Tbis A.grccment shall be binding upon ench Party even aA:e1· the V/':n e,· M11:tcn: an, decided ur r,,iiolvelt, whether by uettlemc:nt, judgment, cllsmissal, -:ir o!J t!r wisu ss to tl1a.t: ·res pective, Pnrty . This Agreement, its terma, the met oflts e,cecutlon and Ill dille1u1 f,or,s ato 1mg Che Piuties, their attorneys, oflicct's, directors, agents, o,n:n.iltnnt11;, rep:r1 ::l1!,t ·:At i't(:a, and employ·ce, v,itb nigard to the Agreemen~ aro themselves su~ t.ct ti> ·tbc 1 aJ!:omey/clit :nt and work -pnduet privileges, and eacb Party agroca that the C.:>n1mon I1rt,:,r,,st l~Jivi l.cr,,: 11nd any prMtc:gc shalt be aa~erted io. response to uny subpoi:nEI c11· rncpeE-t rcir th•e production of the Agreement or in rc.,ponNc to any lnq·.alry u to it:s tt1.ms 1 foo C.,c.t cir its · · execution, or discussions relating to it . This Agn:ctncot confirms a vorbal agreemr.rlt prciviously rna,:l•:c1 1,otwuen th,: . · ~1Utle11 . All pre,vlous privileged communieat!on u, a1l1f all Cocm10,n I111e rnt M1Cr.riul, proviously ~.JCchanged, betweM tho Parties and 1heil r:spt,~\'e •·:t.11rt 1e ;1&; off k e:s, di roc tors, ,igonts, employee.•, consuhants, and repres errtathts, :sn . i:o~jee'i to th !; Agre¢me11t. Neither the f.)Cecution Jlcl" the performance of t his Agri,eme nt ,itiall ··eti'Jlt in tit" inability cf MY party to this Agree ment to use any dat11 o:,ntrib utcld b31 ll 1°:, tt.., effort, 1oy ra w data gtin,rnted un der this Agreement, or any e,ipe1t op lnlo-1 which hs u he m cf ii:ck s id to <1thcr p.utlos in this or oth er lit ig ation, in other ongo ing DL" subso,q ,u,:nl I :::gt tloll . DIBM• NATlON/\VJTBDlll!:WA); A11y :?arty may withdraw fro m this Agre ement by givi ng writt,:a :1 :,1 ·1ce tc , ·~'l:r)' oth c:r Party of it, election to wi th draw. P, 0:3 I . ; I . ! •', . ' ' I I ' ' ;~ ' ~ : . ' .': · .. : ·1 f " : . '' . 11AR-20-06 MON 08: 25 Al1 NCWCD-HQ FAX NO. 970 5:32 lj8LI(. Any· Party that withdraws from this Agret::m.ent, f.c1gef.her wilh r;uch Pa:cty'!, rei;p~ctive co1.msel, remains subjec:t to all confidentiality-provl!\lnns hc:rnin es they pena1n to inforrm .tion theretofore received, but not as to subseq 1Mnf: intbrmatio11 . In tho event a. Pru'ty reaches P. sottlomcnt with Applie11nts itt tbu W-.1ter Mlll:i~rn (The "Settling }>arty"), the remaining ParUea to thir. Agmemen1: rnny cm11by or 1:<:1nl:inuc1 to c:mtiloy the Settling Party's engineering e,cperts and utiliui tt,c:ir previmu:ly develr.1;111cl anlllyses ce.nd reports which were developed In eo1~mwtfot1 with t·hc: Vh~':I' M6:tt~:rll t11d exch:lilgt:d pursuant to thla Agroement . MISCELLANEWli . Hnch Party understands Md acknowledgc:s that it l:s repr1:11,1 ,1:i-:1i:1 :>tuJ' b:, itt: attc1mey, in this maltisr, that while au atto1~y rep1oesen!:lng 111y c,thex P ~uty l,L~ 1. dut:, let pi·est.rve the confidences disclosed to !um or ltcr ~,t:.rsuant to thi~ An1 :!ei11e11t, fw attc,rneys '(Jprescntlng any other Party will be acting 01lly all atu:;rnc:y$ for tl\t t CJU..er P11rt31 anp . will owe a duly ofloyRlty t.o tlteir respective c1icnt only. JE',,ch P'.u '.:y will pu:r fol' thu ser,iices of Its respective auorneys, b\1t nothing hemin slu .ll v«>id llJ}' scl,1:e,11;.crr: agrcumcnt bct~cen tho Parties, If any, to Indemn ify any c1thm· Pu111 fh: ~11.1 :l111.ciys1 lb:1 : and c.o'sts ,)r nh~e in such fees and costs. Euell Party undcrl;tands tbat tho Parties may now or In 'tho :fiJlrn:c have • .t•:,nrn ad\·or11 e ir ,tou:tts a.nd tllat the sbating of some conficlcnccs pu:1 r.u;aru: lo tl;fr A8r1:c:r:new 111ay lead tq potential conf1lct111 of interest of the v111ious atti)1ne:rs !vi. tbi:1 :unu :e,. ·r:~.o Parties de, iiot intend that the eicchaoge of Common Interest: Ma·1erlalb t·.• the tb1urn disquaJifica~ion pf their rc&pective attorneys and uurcc ;;hat thc:y will m,t rr..ovt f:1r disquallfic.atio1t of attorneys In tho Water Matters or any other oeaS<11 ,:,n o.c .;ouut cif t:1t: exchange of Conunon "Interest Materials pursuaut to thl 11 A,y,reument 1uid. wdvfl 1:11y . confl!cts aistng from the sharing of such confidenc:es. Cdcne.do law shall control the interpretation a."ltl enforc.:monl. d' 111::s Agrc:en.'ll·mt. This Agreement 1nay be: enforced in the Dist.rlct C:01.111 for Water :Dr.vi:1 .bn (.10 .c, in '\li'elcl County, Col<1rado by a temporary restraining order and: injuncti.on i11 the cvm · of.a b1:m11:h or mtioi1nto()' breach. The parties accept Jurlsdictlo11 and \101tue In tktt ,;c,u11 . All)' modificatio11 to this Agreement shall be in writing und si2;ned by all P,ut!e:.. Tbls .Agreement shall be binding upon the su,;c.essors and a:1si,i:11F 11 !' t:hu Pru:ti rn a?:d their 1e!1pcytive coumml. Nothing in this Agreement shall be deeme<'.1 to crr?ate a pannors't1lp , jt.'int venbue , and/c,r pr incipal n.nd ngent relationship between t~.e Partiun aud/or 111 ,~ir m11e:c::i'/EI C0l7J1Sel , 'ft.e headings conta ined in tbis Agreement sre for convonic:nc:e ,:i !'rn:~ermce ,mly and uro not i11t.ended to Um.it the scope or affect the int<1r_p:retatim1 of tl1is A$1'C ::n1c1tt. 1.f any provision of this Agreement is deemed bwalid 1)r u11.ur.J'o rce:1b le, tlw bRl :1nce o(th" Agreement shall retnain in full force an cl ,,ffc,:;t, I' • ' P. O•l MR-20-06 MOK 08:25 £ll1 NOWOD-HQ FA< N•), 1170 S:~2 i:·:~; P. O!i ... · .. . ,·' , I I . :i' I ' I ! . I ,• I ,··1 '. ' . ,'I " I I '. : ' ' . . I ' ' . ..... ; .. ,, •• l I l' '! I ':: . • 1 • . ' :j ' ' ., ' . : .. ; ' ' i . '·. , '! I : '..' i o l 1: ,, • I .. : ' ' I '!, 1.: ' .... ' 'I, .. ! . ,' ' ' ' ' '' ,, ·I 1' '.: ·: I. ,, I I !.' ... ·, ... ' ,: ' ' This Agrccmenl comdtutea the e11tlre QUT«lt u11clur,ttlldlll51 CA' ·tl1r. Pa.rti~ u1cl their rcispc::otivo eounscil with reapoct to it, 111bj1cl matttr and au11t11ed 1,n ny JtrevfotJ:i oml or writton ag,-ccmcnta relatina to I.be subject mattw .,{\ld1 ),gnenm-.. The F'wticu ack110wted~ Lhat thla Asrc01ft.«lt 11 t>ic rt \Ralt: of Jcirrl .u:igotuitio:rn IUl'Jong the: P.:utloa, and agree that thll Aareemut wit not be comrtn1,ed ru · lntel'pr1:tild agaluat 111:1 l'al'ly on du, 1found1 oriole or primary auth ,mhip . Eflch person sisning th11 Agroemena repn,entt I*! Wtmllltd t~u: hc 1 or sh,~ h1!1 been duh• 1tuthoiued to enter into thl1 Aa;rceme11t by tht ontrty ,on wr.iw.s behalf it iE1 ·· iudic11tecl that the per1<m 11 slgnlna. This Asrocmont may be exec:utecl In counterp,r11 oa.oh of \lrhlcl111h11l1 b~ dt4!1i1,~ci an Clriglna.::, ,. I ' URI.mS: Dnted:_ ..... __ nm CITY OF mmLliW(l()lJ , By:-------······------·--·-··--- SteWWt K Fonda It1: Dl.reetct of'Utllitiea l)tlj>?1i11 •ent NOk'IHE.RN C:Ol.ORADCI WA'\'F~ . CONSBI\VANCY DISTlUC Jr Dy: J:5~~)h~J ~,~~;.~?:CJ~~~:~-------· D1vdG.Hill Berg Hill G:me~lcaf & lR us ci.tt l LLP I i j I i I I r ' I I , MAR-20-06 MON oa:2s flM NCWCD-HQ ' ' .· .. . 'i' .. .. . • .. \. ,•,, ' ... ' . I ?1ll\1'1\Pf7IDJ ,I FAX NO, 970 5:32 1)9 ~;, 1712 ).lear!. :,tre ,:t Bould~, CO 803 02 (303) 402-1600 /'1_r,;,,-" ) I P, 06 Special Waf:er Courts1~l for Cily· o·t Englewo~!;-""~;.;::,,• 7-.f I /. ---~Sh~~·-~>--·--·------··----·---·- eln f[~.tt.d:-l.~rber, l' .C. 410 Sevonttimth S'bree~, 22ml Ffo ,,r DenVCJ'.1 CO ll0202 (303) 223-1100 Attom,~y:, for the C:ii:y of Auwra e ne1t Rl\ley Ooug~lincr 1120 Lincoln Sll"et:f; S~aitc: l lillO Denver, CO UO:J.03-2141 (303) €6l-1963 Altorneys rc,rthe Nc,rth .ec:a Colc,r ·,.do Wa.tur Conserva.ocy Di.strict I I ~ r ' I I I f ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004 -2007 by the passage of Ordinance No . 50 , Series of 2004; and WHEREAS, the City of Englewood designed the Englewood Shuttle to provide circulator shuttle service in the general area of the Englewood City Center, downtown Englewood and the Swedish/Craig Medical Center; and WHEREAS, this service prov ides mobility and access to the commercial areas in and around the v icinity of the Englewood City Center light rail station, downtown Englewood and the Sw edish/Craig Medical Center; and WHEREAS , RT D provides bus service to and through the Englew ood City Center area and the area in and around downtown Englewood and the Swedish/Craig Medical Complex; and WHEREAS, RTD and the City o f Englewood agree that these services will complement each other and prov ide attractive and effective transit service for people working and shopping in the area surrounding the Englewood City Center; and WHEREA S , the City Council of the City of Englewood, C olorado approved application to the Denver Regional C ouncil of Gov ernments (DRCOG) Congestion Mitigation Air Quality Funds for operatio n of a Ci rc ulator Shuttle in November 200 2; and WHEREAS , in November 2003 the DRC O G and the RT D approved the 2004 CMAQ and ST P- Metro funds to be transferred from the Federal Highway A dministration to th e Federal Transit Administration for use by RTD as specified in the DRCOG 2003-2008 Transportation Improvement Program; and WHEREAS , the passage of this proposed Ordinance will provide the same level of service from September 10 , 2007 through December 31 , 2007 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, C OLORADO, AS FOLLOWS : 9bvi . Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the IGA entitled "Agreement RID & City of Englewood Cost Sharing For The Art" between the Regional Transportation District (RID) and the City of Englewood, Colorado, as attached hereto as Exhibit A. Section 2. The Mayor Pro Tern and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 15th day of October, 2007 . Published as a Bill for an Ordinance on the 19th day of October, 2007 . Read by title and passed on final reading on the 5th day of November, 2007 . Published by title as Ordinance No. _, Series of 2007, on the 9th day of November, 2007. James K. Woodward, Mayor Pro Tern ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify that the above and foregoing is a true copy of the Ordinance passed on final reading and publi shed by title as Ordinance No._, Series of 2007 . Loucrishia A. Elli s , ;.• i' ! ' I ! I 'I I I I I ! I ! AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART This Agreement is made this day of , 2007, between the RJional Transportation District, a political subdivision of the state of Colorado organized pursuan110 the Regional Transportation District Act, C.R.S. 32-9 -101, et. Seq ., (hereafter "RTD"), and t~ City of Englewood, Colorado, a Colorado home rule city (hereafter "the City"). RECITALS 1. The City has funded and operated circulator bus service (the "art") within the Engwood area since September 2004. This service provides mobility and access from the Engwood Civic Center to Swedish Medical Center and Craig Hospital along Englewood ParkwY and Old Hampden Avenue. 2. RTD also provides light rail and bus service in this area of Englewood. RTD and ;e City agree that these services are complementary to providing attractive and effectivetransit service for people working and living in this area of Englewood . t_ 3. It is in the interest of the parties to ensure the continuation of the art shuttle throt.9h joint funding by the City and RTD as set forth herein. Now, Therefore, in consideration of the promises and obligations set forth herein, th e parties agree as follows: CONDITIONS 1 . The City shall continue to manage and operate the art shuttle. 2. Designated RTD an d City representatives shall implement this Agreement ard report progress to the respective boards . C ity and RTD staff will confer on marketing and service development and regularly exchange relevant info rma tion. Changes propose d to the art service will be coordinated with, and addressed as part of the routine RTD service change process. 3. art route, service hours and frequency of service currently are as shown on Exhibit A. 4. The term of this Agreement shall begin on September 10, 2007 and shall expire on December 31, 2007. The parties may thereafter, by written agreement, renew the agreement for successive period of one year each. Nothing herein obligates RfD or the City to make funds available for or to renew this Agreement in any future fiscal year. 5. The City and its Agent(s) shall develop and implement art marketing and promotional materials and activities at their sole cost. RTD staff will review and comment upon proposed marketing strategies and materials. RTD shall include current art brochures and promotional materials at appropriate information/customer service centers. Specifications for marketing material shall be approved by the RTD to ensure • X H I a + A. compatibility with RTD display capability. The RTD customer serv ice telephone information center will provide up -to-date art ser v ice and schedule information. 6 . The City shall maintain all art signs and s ign posts. 7. The City shall be responsible for all additional costs on service hours that exceed regularly scheduled service hours as shown in Exhibit B if authorized by the City . Additional service hours would include operating the art shuttle for City special events and holidays at the City's authorization. City recognizes that RTD has a standard fare structure that is applied to all services that RTD operates or participates in funding. RTD recognizes that the City does not currently charge passengers for the art shuttle. The City chooses to continue to operate the art as a fare -free service. The RTD in cooperation with the City performed a survey in March 2007 that determined the average fare that would have been collected had the art utilized the RTD Denver local fare. For the first year of operation, this number has been established at $72,311, prorated at $22,402 for the term of this agreement . Nothing in this agreement shall prevent the City from collecting contributions or fees from entities within the city, such as special improvement districts or local foundations, to help defray the cost of the art services borne by the City. RTD shall not be party to the assessment or collection of such special fees or contributions and shall not receive any direct allocation of or cred it for such special fees or contributions collected by the City. 8 . The City, as in their management role, will continue to provide fuel for the art shuttle. Fuel expenses will be itemized on all invoices for reimbursement. 9 . RTD shall pay to the City as funding for the operation of the art services, an amount equal to 100% of the net cost of operating the art service ("Net Cost"). Net Cost shall be defined as art operating cost, including fuel, less estimated farebox revenue . See Ex h i bit B for cost breakdown . art operating costs will not include any City adm i ni s trativ e c osts. 10. City shall invoice RTD for 100% of the Net Cost of service on a monthly basis, providing a summary, as agreed, of expenses, passenger boardings, service hours and mil e;:ige. The City will deduct $5600 .50 per month ;:is anticipated fare revenue on a monthly basis. RTD shall pay all approved invoices within thirty days of receipt. If RTD does not approve an invoice from the City, a written explanation of disputed items will be sent within 10 days of RTD's receipt of the City invoice. 11. City will maintain full and complete financial records for the operation of the art including informa t ion on the number of passenger boardings provided on the art. The City shall make these records available to RTD for audit. National Transit Database ("NTD") data sha ll be kept in accordance w ith FTA requirements and shall be reported as part of RTD 's NTD submission. 12. art performance will be assessed during the contract term to determine if performance e pe c tations have been met and to determine if consideration of a future cost sharing Agr ment is warranted. Performance will be evaluated in terms of passengers per ( revenue hour of service and subsidy per passenger. If it appears that service performance will not warrant continuation, RTD and the City will confer on changes to bring it into conformance. The parties will work toward renewal of this Agreement through September 30, 2009 . If RTD chooses not to renew for failure to meet service standards it shall notify the City by April 1, 2009 that it does not intend to renew this Agreement for the following year. If this Agreement is terminated due to lack of funding by either party in the next year's budget cycle it shall notify the other party on or before December 1 and service will be terminated effective January 1. 13. Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., each party shall be responsible for any claims, demands or suits arising out of its own negligence. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as an expressed or implied waiver by any party of its governmental immunity or the governmental acceptance by any party of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 14. Nothing in this Agreement shall be construed to limit RTD's right to establish routes or services or perform any functions authorized by C .R.S. § 32-9-101, et. seq. 15 . No Third Party Beneficiaries. Agreement . There shall be no third-party beneficiaries of this 1 6. Financial Obligations Subject To Appropriations. This Agreement does not contain any multiple-fiscal year financial obligations by either party that extend beyond its current fiscal year. The financial obligations of each party under this Agreement shall be subject to and limited by the appropriation of sufficient funds therefore by its governing body. Funds for this agreement have been budgeted, authorized and appropriated by the RTD Board of Directors for the 2007 fiscal year. RTD shall contribute funding to the City to support the total operation, including all expenses for transportation and fuel costs, of the art in an amount not to exceed $85,362 in 2007. Nothing herein obligates RTD to budget, authorize or appropriate funds for any future fiscal year. 1 7 . The parties agree that , to the exten t permitted by la w , all o f t h e op era t ing c o st s of t he art and revenues, if applicable, of the art shall be treated by RTD as its "operating costs" and its "revenues collected" for purposes of compliance with Section 32-9- 119. 7 .C.R.S. 18 . Independent Contractors. The City an d RTD are not pa rtners o r joint vent u rers as a resul t of this Agreement. Thei r relationship shal l be t h at of independent contractors. 1 9. Authority. The City and RTD represent or warrant to each other that they have al l necessary authority to enter into this Agreement and to perform their obligations hereunder and that th is Agreement does not conflict with any other agreement that each party is subject or to which it may be bound. 20. No Assignment. Exc e pt as otherwise provided in this Agreement, neither party may a ssig n the A greemen t an d /or any o f its rights and obl igations h ereund e r w ithout the writte n consen t o f t he othe r part y. 21. Written Amendments. This Agreement may be modified or amended only by a written document duly executed by both parties. 22. 23. Notices. Correspondence regarding this Agreement should be sent to: For the City: City of Englewood Community Development Department 1000 Englewood Parkway Englewood, Colorado 80110 Attn: Harold Stitt 303.762.2341 For the RTD Regional Transportation District 1 600 Blake Street Denver, Colorado 80202 Attn: Bruce Abel 303 .299.2839 Entire Agreement. The terms and provisions of this Agreement, and its exhibits, represent the entire understanding of the parties with respect to the subject matter of this Agreement, and merge, incorporate and supersede all prior communications between the City and RTD concerning that subject . No representations or warranties are made by the City or RTD except as herein set forth. WHEREFORE, the parties have entered into this Agreement as of the date first set forth above. ' ' • I ' I'. l ,I REGIONAL TRANSPORTATION DISTRICT By: -------------- Clarence W. Marsella General Manager Regional Transportation District Approved as to legal form: Regional Transportation District Marla L. Lien General Counsel CITY OF ENGLEWOOD By: ____________ _ James K. Woodward Mayor Pro Tern City of Englewood ATTEST: Loucrishia A. Ellis City Clerk Span of Service: Weekday- Saturday- Sunday- Holidays- Service Frequency: Weekday Saturday- Sunday- Holidays- Annual Revenue Hours: Weekday- Saturday- Sunday- Holidays- Total Exhibit A art Service Description 6 :30 AM-6:30 PM No service provided No service provided No service provided every 1 5 minutes Not Applicable Not Applicable Not Applicable 6,120 Not Applicable Not Applicable Not Applicable 6,120 Exhib it B Summary of Anticipated Operating Costs and Revenues Expense-September 2007 -December 2007 art operating hours expense- 1,896 hours@ 37.56 per hour art fuel expenses Total Expense Revenue-September 2007 -December 2007 Passenger fares based on March 2007 survey Total Revenue $ 71,214 $ 14 148 $ 85,362 $ 22,402 $ 22,402 . ' • ' I ' ' i I : i ' t I ( . OlUllNANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AUIHORIZING TIIE CITY OF ENGLEWOOD, COLORADO 'S REPRESENTATION ON THE ROCKY MOUNTAIN RAIL AUTHORITY . WHEREAS, the Colorado Rail Association Established the Rocky Mountain Rail Authority as a quasi-governmental agency to accept and administer federal grant funds for a feasibility study for a proposed high speed rail line along the 1-25 and I-70 corridors; and WHEREAS, the Rocky Mountain Rail Authority was established as a cooperative mechanism among themselves, other governmental entities and others interested in developing high-speed rail service in the Colorado and to define and implement various transportation facilities, programs, services, improvements and entities to facilitate and accomplish the establishment of high-speed rail in Colorado ; and WHEREAS , to fund the feasibility study for this project, the Authority requests each joining entity for contributions of $10 ,000 per year for a two year membership commitment; however, representation can be accomplished without financial support; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the City of Englewood 's representation on the Rocky Mountain Rail Authority. Section 2 . The Mayor Pro Tern of the City of Englewood, Colorado is authorized to sign and attest the documents necessary for Englewood 's representation on the Rocky Mountain Rail Authority, attached as Exhibit A. Introduced, read in full , and passed on first reading on the 15th day of October, 2007 . Pub lished as a B ill for an Ordinance on the 19th day of O ctober, 2007 . Read by title and passed on final reading on the 5th day of November, 2007 . Published by title as Ordinance No . _, Series of 2007, on the 9th day of November, 2007. ATTEST: James K . Woodward, Mayor Pro Tern Loucrishia A. Ellis, City Clerk 9bvH ' ;, l I ' I • I ' ' i 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 H I B :...., 3 ;, ~· ii p I I I . I I i I I I I ( .. ( Establishing Contract For The Rocky Mountain Rail Authority Recitals Whereas, those regions of the State of Colorado adjacent to and served by Interstate 25 and Interstate 70, as well as the State as a whole, contemplate increased population growth and attendant increases in vehicular traffic and transportation demands; and Whereas, it is in the best interest of the public, and its health, safety and welfare, to provide a transportation alternative to existing modes of transportation in the form of high-speed rail; and · 'Whereas, various political subdivisions of the State of Colorado desire to bring focus to their interest in development of high-speed rail in the transportation corridors of Colorado; and Whereas, those political subdivisions desire to create an authority for the purpose of investigating, encouraging, de veloping and bringing into being high-speed rail in the State of Colorado; and Whereas, the parties desire to establish a cooperative mechanism an1ong themselves, other governmental entities and others interested in developing high-speed rail service in the State of Colorado, and to define and implement various transportation facilities, programs, services, improvements and entities to facilitate and accomplish the establishment of high-speed rail in the State of Colorado; and Whereas , the parties are political subdivisions of the State of Colorado whose s eparate powers include all powers invested into this Authority, and Whereas, it is the intent of the parties to hereby create and establi sh the Authority for the purposes recited and enumerated herein. ·. "; Establishing Covenants Now, therefore, be it res o lv ed that the parties h ereto do, b y this contract (hereinafter "this Contract"), create an d estab li sh the Rocky Mountain R ai l Authority for the purposes an d with the powers and obli gations set fo rth herein. The p arties agree and covenant that the Authority shall be a body corporate an d politic, a pol itical s ub division of the State of Colorado and a separate governmental · entity of the State of Colorado, pursuant to Section 18 of Article XIV of the Constitution of the State of Colorado, and Section 29-1 -203 of the Co lorado Revised Statutes . The parties hereby agree and further cov enant as follows . Page 1 of 6 E X H I B I T A I :~ ' :t \ ~ I -l I 1 \ )> Tenns and Conditions 1.01 Name. The name of the entity hereby established shall be the Rocky Mountain Rail Authority (hereinafter "the Authority") . . 1.02 Purpose and Objectives. The purpose of the Authority shall be to establish a structure and opportunity for the parties to this Contract (hereinafter "the Members"), both the initial Members and those political subdivisions which may become Members in the future, to define, promote and implement mass transportation services and solutions to Colorado's f,'1 ·owing transportation infrastructure needs, to facilitate rail service, both passenger and freight in Colorado. Existing rail tracks have established the current transpo1iation corridors, and the interstate highways have 'generally been built in those conidors, e.g., I-25, J-70 and I-76. Using, generally, those existing rail rights of way 1101ih and south and east and west, the Authority wilJ facilitate a passenger rail service that will operate at an average speed that will qualify for Federal designation as a high-speed conidor. The objectives of the Authority shalJ be: 2.1 2.2 2.3 2.4 To plan and encourage rail infrastructure in or adjacent to the Authority's area of activity, Colorado, for a passenger and freight rail system that can be designated by the Federal Railroad Administration as a high-speed rail con-idor. To interface and cooperate with other transit entities, including but not limited to other states, railroads, Amtrak and others within and adjacent to the Authority's boundaries to maximize the convenience, safety, speed and operating costs ofrail transportation in Colorado. To encourage and support the estabJishment of such state, regional and local governmental entities and to cooperate with such non-profit and for- profit entities as are necessary and appropriate to establish the necessary transit infrastructure that will maximize the usage oftbe rail system. To seek funds to advance the Authority's purpose and objectives from federal, state, regional, and local governmental agencies and from the private sector. 1.03 Powers and Functions. To accomplish its purpose and objections, the Authority shaU have the following powers and functions to the fullest extent penniited by law and the conditions and requirements set forth in this Establishing Contract, and such inherent or im~lied powers as these powers and functions may suggest: 3.1 To plan, support and facilitate transportation systems, services, programs, facilities , improvements, including without limitation transportation of all types. 3.2 To acquire, hold, lease, ~ell and dispose of legal and equitable interests in personal property of all kinds necessary or useful for the purposes of the Authority. Page 2 of 6 ( 3.3 To seek, acquire, sell, lease, dispose of and ex change all types of p ersonal property, licenses, certificates and pennits. 3.4 To conduct such business and affairs for the benefit of its Members, their constituents and the public as may be appropriate, all in the discret ion of the Authority's Board of Directors. 3.5 To enter into, make and perform contracts of every kind with the public and private entities of every type and kind in furtherance of the purpose of this Contract. 3.6 To employ employees, contractors and consultants and to appoint agents. 3. 7 To act and operate as an "enterprise" within the meaning of the Colorado Constitution, Article X, Section 20, and to contract for and supply for payment services desired by Members which services are in furtherance of and related to the Authority's purpqses. 3.8 To buy, lease, construct, appropriate, contract for, invest in and otherwise acquire, own, maintain, operate; manage, improve, develop, deal in, sell, lease, exchange, transfer, convey and dispose of, and to hypothecate and encumber personal property (tangible and intangible). 3.9 To sue and be sued. 3.10 To have and use a corporate seal. 3.11 To solicit, acquire, collect, receive and use gifts, grants, donations and pledges of any type., whether from public or private sources. 3.12 To have and exercise all rights and powers necessary or incid ental or implied from these powers. 3.13 To budget and appropriate funds . 1.04 No Power of Taxation. The Authority shall have no power of taxation of any type or kind. 1.05 Members. Members .of the Authority shall initially be Clear Creek County and the City of Monument, upon their respect ive execution of this Contract. Additional Members may join the Authority by execution of addenda to this Contract. Only political subdivisions of the State of Colorado and the State of Colorado , through its agencies, m ay become Members o f t he Authority. Nothing h erein sh all b e deem ed a w aiver or surrender by the Members o f any of their legal powers or responsibilities . 1.06 B oard of D irecto rs. All powers and functions of the Authority shall be v ested in a Board of Directors consisting of one director designated by each Member of the Authority, all with one equal vote. Each Member may d esignate one alternate, similarly qualified , to serve in th e ab sence of each Director. D ir ectors and alternates ap p ointed b y members with bo ards, councils or commissions shall be elected or appointed members of those boards, councils or commissions. Vacancies on the Board of Directors shall be filled by the Member whose r epresentative has created the vacancy. Directors shall not be compensated for their servi ces . The Board shall operate as follows : Page 3 of 6 6.1 Regular meetings shall be held as detennined by the Board of Directors. Special meetings shall be held as designated by the Chairman or any three Directors. Meetings shall be held in conformance with Colorado's open meetings law, section 24-6-402, C.R.S. 6.2 A majority of Directors designated by the Members shall constitute a quomm and a majority of a quorum present (meaning participating in a meeting for purposes of section 24-6-402, C.R.S.) shall constitute au action of the Board of Directors. 6.3 The Board's powers, as exercised by a majority of a quorum of Directors in office, shall include: (a) Governing the business and affairs of the Authority and establishing its policies . (b) Election of officers, including a chaiiverson, vice-chairperson , secretary and treasurer. (c) Acting in compliance with all applicable state and federal Jaw to operate the Authority. (d) Maintaining a record of proceedings of the Board. ( e) Establishing Board bylaws . (f) Authorizing employment of employees, consultants, contractors and others. (g) Having prepared and subnutting an annual audit, as required by State Jaw. (h) Delegating and assigning functions to the Board's officers, employees, contractors and consultants, as not prohibited by law. (i) Exercising all powers which are now or hereafter confe1Ted by law or are essential or necessary to the provision of the Authority's services and accomplishment of its purposes, subject only to the limitations of this Contract and the law. 9.1 A11y Member may, from time to time,.designate, in writing, an AJtemate Director, who shall possess the same qualifications as a Director and who shall, in the absence of such Director, be entitled to attend regular or special meetings of the Board and exercise the same powers as such Director. 9.2 The Board shall have an executive committee, whose memb ers sh all be all the officers_ 9f the Authority, plus no more than three Directors elected by the Board. The executive conunittee shall be empowered to exercise all powers given the Board hereunder, and by law, subject only to prior decisions and instructions of the Board. The Board shall delegate all powers of performance and execution to the executive committee. The Board may delegate the perfonnance and execution of any and all powers and functions to such committees as the Board may deem proper, the membership of which committees shall also be determined by the Board. Page 4 of 6 ( 1.10 Term, Withdrawal and Dissolution. This Contract shall commence on the dat e of its execution by any two Members, whether they be initial or additional members, as provided in Section 5 .0 hereof. Any Member of the Authority may w ithdraw at any time . The Authority shall have perpetual existence, subject to dissolution at such .time as it has fe wer than two Members. 1.11 Amendments. This Contract contains all the terms agreed upon by the Members . Any amendment hereof must be in ·writing and executed by a11 Members. 1.12 Reliance. The Members acknowledge and agree that each is relying on the performance of the other(s) under this Contract, and that all actions or changes of positions undertaken pursuant thereto are made in such reliance. 1.13 Non-Impairment. Nothing in this Contract shall be deemed to restrict, modify or otherwise impair the powers of any Member in any manner. 1.14 Sevcrability. If any provision of this Contract or the application thereof to any person, entity or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Contract, which can be given effect w ithout the invalid provision or application, and to this end the provisions of this Contact, and each and every provision thereof, are declared to be severable. 1.15 Applicable Laws . This Contract shall be governed by and construed m accordance with the laws of the state of Colorado. 1.16 Assignability. No Member may assign or transfer any of its rights or obligations hereunder without the prior written consent of the Member(s) that is a nonassigning party(ies) to this Contract. 1.17 Binding Effect. The provisions of this Contract shall bind and shall inure to the b enefit of the Member(s) and to their respective successors and permitted assigns , i f any. 1.1 8 E nforce m ent. The Memb er(s) agree and acknowledge that this Contract may be enforced in law or in equity, by decree of specific performance, and, in the event of a judgment that a breaching Member acted arbitrarily and capriciously, or in bad faith, including an award of appropriate damages, or such other legal and equitable relief as inay be available subject to the provisions of the laws of the State of Colorado . Pa e 5 f 6 Effective November 20, 2006, and executed this ~-day of '})eQ _ , 2006, at a regularly scheduled meeting of the Clear Creek Board of County Commissioners. CLEAR CREEK COUNTY By and through its Board of County Commissioners AITBST: 9Ayfy([JfM4_ Deputy Clerk and Recorder Effective November 20, 2006, and executed this ~ fl.. day of ~v~~ , 2006, at a regularly scheduled meeting of the Monwnent City Council. ATTEST: By: Byron J. Glenn By: Scott Meszaros Title: Mayor Title: Town Clerk Date: I• ~·Of Date: I · '('. o1- Page 6 of6 ADDENDUM# --- TO AGREEMENT CREATING ROCKY MOUNTAIN RAIL AUTHORITY ENTERED INTO BY CLEAR CREEK COUNTY AND CITY OF MONUMENT Pursuant to Section 5 .0 of the Agreement creating the Rocky Mountain Rail Authority, entered into by Clear Creek County and the City of Monument, effective November 20 , 2006 (Agreement), the City of Englewood, Colorado hereby approves this addendum in order to become a member of the Rocky Mountain Rail Authority, and hereby agrees to the terms of that Agreement and to the First Amendment to that Agreement. Englewood 's representative on the Rocky Mountain Rail Authority Board of Directors shall be Ray Tomasso; the alternate representative shall be Bob Mccaslin. The City of Englewood 's financial contribution to the Rocky Mountain Rail Authority shall be ilothing at this time. Upon receipt and acceptance by the Rocky Mountain Rail Authority of this addendum, the City of Englew ood will be a party to the Agreement. CITY OF E NGLEWOOD , COLORADO James K. Woodw ard , May or Pro Tern Add endum Accepted by: ROCY MOUNTAIN RAIL AUTHORITY Harry Dale, Chair First Amendment to the Establishing Contract For The Rocky Mountain Rail Authority Recitals V/hereas, Clear Creek County and the Town oflV1onument en t e r ed into an intergovernmental Agreement ("the Agreement") effective November 20, 20 06, which created the Rocky Mount ain Rail Authority; and Whereas, pursuant to Section 1.05 of that agreement, the Town of Castle Rock and the Roaring Fork Transportation Authority sigri ed addenda, thereby joining the Rocky Mow1tain Rail Authority as members; and "Vl7hereas, the members of the Rocky Mountain Rail Authority wish to amend their original agreement; and Whereas, the intention of the members is that the original intergovernmental agreement signed by the members remain in effect except with regard to the follmi:.ring changes: Amendments A. Section 1.05 of the Agreement shall be amended to state as follows: 1.05 Members. Members of the Authority shall initially be Clear Creek County and Town of Monument, upon their respective execut ion oftrus Contract. 5.1 Only political subdivisions of the State of Colorado and the State of Colorado, throu gh its agencies, may become Members of the Autho1ity. Additional Member s may join the Authority b y execution of addenda to this Contract. The addenda may specify any :financial contribution to be made by the member jurisdictions. 5.2 All financial contributions promised by member jurisdictions are s ubj ect to each jurisdiction's annual appropriation and any applicable TABOR spending restrictions . 5.2 Individual member jurisdictions are not liable for the financ i al obligations o f the Authori ty. I I i ,. B. Section 1.18 of the Agreement regarding enforcement is hereby repealed and is replaced by the following Section 1.18. 1.18 Counterpart Execution. A copy of this document may be executed by each party, separately, each copy of which shall be deemed an original, and when each party has executed a copy thereof, such copies taken together sha11 be deemed to be one and the same instrument and a full and complete Contract between the parties. [The remainder of this page is intentionally left blank.] Page 2 I I .. ,_ .. -'"'<= I Roel<\' 1,,;ountain Rai l ti.ut:hority 2007 & 20 08 Budge l State1m,nt -Commitments Date of Repo1t : .lu ne 1, 2007 • Local Revenue 2007 2008 T OTAL ·----·-Cll y uf T io nrnton ~; 10,000 $ 10 ,000 $ 20 ,000 ,! Ci ty of We :.tmln :;tc ~r $ 5,000 $ ' 5 ,000 $ J.O,lHlO /\rilpalooe Cot 111 l.y 1; 25 ,000 $ 25 ,000 $ 50,0 00 '1 Cll:y of /\uroril $ 5,000 $ 15,000 $ 20 ,000 nni 1t<l cr Co11111 y $ 5,000 $ 5,000 $ l 0,000.00 Ii Clear Cr ed < Co u nty $ 10,000 $ 10,00 0 $ 20,000 I l)<o111J lils Cn 1111ly $ 25,000 $ 25,000 $ 50,000 Ii C;1~l l c l lock $ 10,000 $ 1 0,000 ~; 20 ,000 • E.-1(Jlc Co 11nly $ 5 ,000 $ 5 ,000 :1: 10 ,000 '.: 1, r.oturilcl o Spri11y s $ 10,000 1: J0,000 :1; 20 ,00 0 1, I Town o f Mnn11111 e 11 t $ 10,000 1; 10,000 :J. 20 ,000 Garfi e l d Co unty $ 10,000 1: 10 ,000 1· 20 ,000 G i l pin County $ l.0,000 $ 10,000 $ 20,000 II Larimer Counly $ 5,000 j; 5,000 $ J0,000 City of As pen $ 5,000 $ 5 ,000 !j', 10,000 Pueblo Counly $ 6,250 $ 6,250 $ 12,500 City of Pueblo $ fi,2SO $ 6,250 $ 12,500 Routt Cou nty $ 5,000 1: 5,000 $ 10,000 S ummit County $ 5,000 $ 5 ,000 $ 10,000 W e l d County $ 10,000 $ 10,000 1; 20,000 Regional Trnn sportalion $ 25,000 $ 25,000 $ 50,000 Di strict Roaring Fork $ 5,000 $ 5,000 $ 10,000 Transportation Authority Pikes Peak Regiona l $ 10,000 $ 10,000 $ 20,000 Tr;,n sportation Autho rity RMRA Local Revenue Totals 2007 2008 TOTAL RMRA Totals $ 222,500 $ 232,500 $ 455,000 COOT SB-01 Grant Revenue 2007 2008 TOTAL COOT $ 415,333 $ 830,667 $ 1,2 46,000 Total Revenue I 2007 2008 TOTAL , roT AL $ 637,833 $ 1,063,167 $ 1,701,000 Page I RMR AO?Commlt@d ud et-1honvers10n 01 ·07. Is Feaslblllty Study Expenses 2007 2008 TOTAL .. Feasibility Study $ 60,000 (8 months) $ 90,000 (12 months) $ 150,000 Program Management Feasibility Study Travel Demand Model $ 85,000 $ 170,000 $ 255 ,000 Planning Consultar,t Forecast $ 23,333 $ 46,667 $ 70,000 Finance $ 3,333 $ 6,667 $ 10,000 Feasibility Study Total $ 111 ,666 $ 223,334 $ 335,000 Planning Consultant Feasibility Study Scoping $ 13,333 $ 26,667 $ 40,000 Systems Consultant Outreach $ 22,444 $ 44,889 $ 67,333 Guideway Design $ 66,667 $ 133,333 $ 200,000 New Aerial Guideway $ 126,667 $ 253,333 $ 380,000 Alignment Existing System $ 16,667 $ 33,333 $ 50,000 High Speed Rall $ 83,389 $ 166,778 $ 250,167 Alternatives Selecti on Final Report Phase 1 $ 8,333 $ 16,667 $ 25,000 Feasibility Study Total $ 337,500 $ 675,000 $ 1,012 ,5 00 I Systems Consultant Feasibility Study Peer Review $ 20,000 $ 40,000 $ 60,000 2007 2008 TOTAL Study Totals $ 529,166 $ 1,028,334 $ 1,557,500 Pt~ 2 RMR,.07CommlledBudg t·1flonven.1on 01 ·07 ts Administration E>: pcnses 2007 2008 TOTAL l 11'11 !)1'i.11'11 Mani HJ(!lrl l!I Jt Travel/MIieage $ 5 ,000 $ 10,000 $ 15,000 Feaslblllty Study Scope of $ 20,000 $ -$ 20,000 Work & RFP Prep HM IV\ Office Rental (CCC) $ -(8 months) $ -(12 months ) $ !\Mil/\ Office Supplies $ 1,000 $ 1,000 $ 2,000 IWlllA Secretarial Services $ 1,600 (8 months) $ 2,400 (12 months) $ 4,0 0 0 (Bo ard meetings) ll MI(/\ APTA Dues $ 177 $ 177 $ 35 4 l l Ml(A CRA Contribution $ 9,000 j; . $ g,ooo SB Inc. W'11l A Member Outreacli $ 8,000 1; 11; 8,000 (Jan -April 07) SB Inc. 11MllA Member Outreach $ 6,000 $ . :t; 6,000 (May -July 07) SB Inc. RMR A Outreach/Coordin ation $ 5,000 $ 5,000 (Aug -Dec. 07) RMR A Travel/Mileage $ 5 ,000 $ 5,000 $ l 0,000 RM llA Leg al $ 36,000 (12 munths ) $ 36,000 (12 months) $ 72 ,000 RMRA Insurance $ 1,B0 2 ~; 1,802 $ 3,604 RMR A Accoun t ing $ . $ $ RMl<A Audit j; 6 ,000 $ 6,000 $ 12,000 l<Ml<A Pe t ty Cash $ 300 $ 300 $ 600 2007 2008 TOTAL Administration Totals $ 104,879 $ 62,679 $ 167,558 Study Totals $ 529,1 66 $ 1,028 ,33 4 $ 1,557,500 Total Expenses $ 634,045 $ 1,091,013 $ 1,725,0 58 Total Revenues $ 637,833 $ 1,063,167 $ 1,701,000 RMRA Balance $ 3,788 $ (27,846) $ (24,058)' TABOR Required $ 19,021 $ 32,730 JD/o Reserve Pege 3 RMAA07Commlte dB udget·G hortv "lon6·0 I •07 .xis ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: Nov ember 5, 2007 9 C i Englewood Public Library 's "Winter Food for Fines " Initiated By: Staff Source: Libra ry Department Hank Long, Director of Library Se rvi ces COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this popular program since 1990, and each year the City Council has voiced its support. In 2003, the annual Food for Fines program w as expanded to twice a y ear at the request of the Library Board, and subsequently approved by City Council for two w eeks during the summer as well as two weeks between Thanksgiving and Christmas as a way to mitigate the increase in O verdue Library Fines and as a way to encourage the timely return of EPL materials so that they c an be used by more people. The two weeks of the Summer Food for Fines program cov ers the last week of the public school year and the first w eek of vacations, a t ime during w hich students and teachers are clean ing out their desks and lockers in preparation for the summer break and numerous overdue Library materials are located, w hereas the two w eeks of the Winter Food fo r Fine s program traditi o nall y cove rs th e p eri o d in b etwee n th e Thank sgi v ing and Chri stm as holidays. Historicall y, ea c h of the se two b ia nnu al events av erages $1,000 to $1 ,5 00 in donated foo d items for the lnterFaith Co mmun ity Serv ic es fo od ban k. RECOMMENDED ACTION The Library Department re c ommends Council approv e a Resolution authorizing the Library D epartm ent to impl ement its 200 7 Winter Food for Fines program from Monday, November 26 thr o ugh Sunday, December 9 . BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED For the past 1 7 years, the Englewood Public Library has provided its "Food for Fines" program as a way for those patrons with fines on their overdue EPL materials to "pay" them off through the donation of non-perishable food items that are, in turn, forwarded to Interfai th Community Serv ic e s for their "food bank " distribution to financially disadvantaged families in the Englewood area . Following 2003 's increase in maximum Overdue Fines from $2 to $5, the Library Board reques t ed tha t the number of food items require d to pay off a sing le Over due cha rge also be increased beginning with the ~004 Winter Food for Fines program, e.g. it now takes two food items to cancel out the late charges (not lost or damaged charges) on one overdue item. These food items must be presented to the Library Staff at the Circulation Desk in order for the fines to be leared from the patron 's computer record. This program has been warmly received and supported b the publi in e it in eption, and Library patrons now look forward to it as a way of helping o thers while relievin their own financial obligations . Thus , the program presents a positi ve image o f th Library and th Ci and is a "win-win " situation for e eryone invol ed. FINANCIAL IMPACT • Since its inception, this program has raised almost $32,000 in donated non-perishable food items to assist needy families in the Englewood area. • The money that the Library collects each month in "late charges" (i.e. charges on books and other EPL items returned past their original "due date " and past the 3 day "grace period") goes to the City's General Fund. These revenues traditionally drop about 50% during each of the Library's two-week Food for Fines programs, but the loss is more than offset by the "good will " this program generates among Library patrons and by getting the Library materials back on the shelves so that others can use them. LIST OF ATTACHMENTS Resolution. ., RESOWTION NO. ~lUES OF 2007 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "WINTER FOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 26, 2007 THROUGH SUNDAY, DECEMBER 9, 2007. WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program since l990;and WHEREAS , the "Food for Fines" program allows patrons with overdue fines to "pay " them off through the donation of non-perishable food items ; and WHEREAS , the food items are then forwarded to the Interfaith Community Services for their "food bank" distribution to financially disadvantaged families in the Englewood area; and WHEREAS , the program is a benefit to the community in that the disadvantaged are assisted ; the air cleared with respect to fines ; and the City recei ves its library materials back and the program presents a positi ve image of the Library and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sec ti on l. The Englewood City Council hereby authorizes the Engl ewood Public Library 's implementat ion of the annual "Winter Food For Fines" pro gram from November 26 , 2007 through December 9 , 2007 . The collected food will then be forwarded to the Interfaith Community Services for distribution to financiall y disad vantaged families in the Englewood area. ADOPTED AND APPROVED this 5th day of November, 2007 . ATTEST : James K. Woodward, Mayor Pro Tern 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 COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 5, 2007 11 Ci South Broadway Englewood Busineu lmprovement District (BID) Operating Plan and Proposed 2008 Budget Initiated By: Staff Source: Community Development Department Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance No. 29, Series of 2006 establishing the South Broadway Englewood Business Improvement District. RECOMMENDED ACTION Staff recommends council approve, by Motion, the South Broadway Englewood Business Improvement District Operating Plan and Proposed 2008 Budget. In accordance with State Statute the South Broadway Englewood Business Improvement District submitted, on September 27, 2007, their Operating Plan and proposed 2008 Budget to the Englewood City Clerk for Council's approval. (CRS § 31-25-1211..."The district shall file an operating plan and its proposed budget for the next fiscal year with the clerk of the municipality no later than September 30 of each year. The municipality shall approve or disapprove the operating plan and budget within thirty days after receipt of such operating plan and budget and all requested documentation relating thereto, but not later than December 5 of the year in which such documents are filed.] FINANCIAL IMPACT None LIST OF ATTACHMENTS South Broadway Englewood Business Improvement District (BID) Operating Plan and Proposed 2008 Budget. ·SOUTH 'BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT RECEIVED CITY OF ENGLEWOOD, CO SEP 2 7 2007 3476 S . Broadway Englewood , CO 80113 303.781.1382 BOARD OF DIRECTORS PRESIDENT Ted VasHu Ted's C10Thiers 3476 s. Broadway 80113 303. 781 .1382 VICE PRESIDENT Boe VoTh l 'Speedy prtnTlng s. Broadway 80113 3.761 .4848 SECRETARY rlCk ree .. dress for le as CioThiers 3045 s. Broadway 80113 303 .761 .0560 TREASURER Boe laug hlln 8 C ouaTiC M uaiC reVIVal 3445 s . Broadway 80113 303.744.1737 M EMBERS Brian a harT freM• de arT ii 30651. Broadway 80113 303. 722 .1525 Bryan ra,d edwarda T o BaCCo Shop :" ""'g I B roadway 80113 781 .7662 n c hard Weigang TM CaTtlollC arore 3398 I . Broadway 80113 303 762 838 5 September 27, 2007 Dear Englewood City Council: OFFICE OF .1 THE CITY CLERK c//J t l ,'t- Pursuant to State of Colorado Statutes 31-25-1211, the South Broadway Englewood Business Improvement District (SBEBID) is forwarding its approved 2008 Budget and Operating Plan. These documents were approved by the SBEBID Board of Directors at a meeting on Wednesday, September 26 , 2007 . There are no changes to the operating plan for 2008 . Our new South Broadway Englewood Business Improvement District is off to a grand start. We have hung colorful banners along Broadway from Hampden to Yale and have prepared a directory to make more people aware of what our shopping district has to offer. We value having an excellent relationship with Englewood City Government. All this helps every merchant within the SBEBID Boundaries . Sincerely , Ted V asilas, President South Broadway Englewood Business Improvement District. Date : SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT 3476 S. Broadway Englewood, CO 80113 LEITER OF BUDGET TRANSMITI AL To: Division of Local Government 1313 Shennan Street, Room 521 Denver, Colorado 80203 Attached is the ·200 ~ budget for SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT in the City of Englewood, Arapahoe County, Colorado, submitted pursuant to Section 29-1-113, C.R.S. This budget was adopted on 5,,.(/. U l "2~00 7 . If there are any questions on the budget, please contact: Ted Vasilas, President 3476 S. Broadway Englewood, CO 80113 Telephone number: 303-781-1382 I, Rick Reese, hereby certify that I am the duly elected and qualified Secretary of the South Broadway Englewood Business Improvement District, and that the attached is a true and correct copy of the budget for the fiscal year '20 o '3, as duly adopted at a meeting of the ~o~d of Directors for the S9uth Broadway Englewood Business Improvement D1str1ct held on the $,.pf. ~ 2 l' o 7 . /,...-----~ ·--··--··-. // ';!/;· / / ell'(£~ L/Se~ -------· - SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT 2008 BUDGET MESSAGE DISTRICT SERVICES: The District will be providing improvements and services which may include the following: A. Marketing, Promotions and Image Enhancement public relations to project a positive image of the South Broadway corridor collaborative advertising among South Broadway businesses production and packaging of marketing materials including South Broadway map, directory and website newsletter and other BID communications market research & stakeholder surveys special events including themed events, historical events and ongoing events programming B. Enhanced Safety & Maintenance enhanced safety patrols more effective communication with City of Englewood police video monitoring community and business watch programs graffiti clean-up sidewalk power washing C. Special Projects banners gateways signage public art cosmetic improvements other projects as appropriate BASI S OF ACCOUNTING: The basis of accounting utilized in the preparation of the 2008 budget for the District is the cash basis method. The District's 200 8 budget includes projected revenues and expenditures for its ge n era l operating fund . IMPORTAN T FEATURES OF THE BUDG ET: The 2 008 budget does not resul t in a violati on of any applicab le property tax or fiscal year spend in g limitations. Emergency reserves have been provided in 2008 (3% of the District 's fisca l year spendi ng exclud ing bonded de bt service.) :! // ;/ :'I l /; // 1 ii /,I ;/ II II I/ / I/ .I 7 1. General Operating Fund/Expenditures: Paid for out of the District's General Fund, these expenses include general administrative costs, insurance, professional and other fees and other miscellaneous costs. The District currently does not anticipate seeking the approval of the District's electors for the authorization and issuance of any general obligation debt. 2. Emergency Fun/Expenditures: The emergency fund for fiscal year 2008 will be equal to 3% of the District's fiscal year spending excluding those expenditures for bonded debt service, spending from gifts, federal funds, collections from another government, pension contributions by employees and pension fund earnings reserve transfers or expenditures, damage awards, or property sales. ANTICIPATED PROJECTS: The District anticipates work in the areas of marketing, maintenance and safety, and special projects to include ban..rqers, gateways, signage, public art and cosmetic improvements within the district boundaries in 2008. SOUTH BROADWAY ENGLEWOOD BID OPERATING BUDGET I WORK PROGRAM -2008- Revenue BID Assessments Interest, sponsorships Other income Total Expenditures Marketing Options include: • Public relations • Media $100,000.00 $10,000.00 $110,000.00 $30,000.00 • Marketing materials (website, map directory) • Market research • BID ratepayer communications (newsletter blast faxes, emails) • Special events Maintenance & Safety $30,000.00 Options include: • Enhanced safety patrols • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk maintenance, power washing Special Projects $25,000.00 Options Includ e: • New pole for gateway banner . • Banner replacement • Signage • Public Art • Cosm etic improvements/Grants Lega l / Account ing To tal Expenditures Operating Reserve (5%) Capital Reserve (5%) Tota l Reserves TOTAL $1 5,000 .00 $1 00 ,000.00 $5,000 .00 $5,000.00 $10,000.00 St 10,000.00 SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERA TING PLAN AND BUDGET I. SUMMARY . The South Broadway Englewood Business Improvement District (BID) is a special assessment district designed to improve the economic vitality ahd overall commercial appeal of the South Broadway corridor in Englewood. The BID will provide programming and benefits to businesses ·and commercial properties that will include marketing, promotions, enhanced safety and maintenance. BID services will be in addition to services currently provided by the City of Englewood. BIDs help improve image, increase sales, occupancies and property values and attract new customers and businesses in commercial districts and downtowns throughout Colorado and the country. Here are the main characteristics of the South Broadway Englewood BID: Name: Proposed · Boundaries: BID Programs: South Broadway Englewood Business Improvement District (BID). · The proposed South Broadway Englewood BID boundary generally encompasses the commercial properties facing the South Broadway corridor from. Yale to Highway 285. A map of the BID boundary is attached for reference. The BID can perform the following kinds of functions within the following general categories (final BID programming will be determined by the BID board): '•· Marketing, Promotions and Image Enhancement: • Public relations to project a positive image of the South Broadway corridor · · • Collaborative advertising among South Broadway businesses • Production and packaging of marketing materials including South Broadway map, directory and web site • Newsletter and other district communications !I Market research & stakeholder surveys • Special Events including themed, historical events and ongoing events programming - Budget: Special Assessments: Methodology: Assessment: Enhanced Safety & Maintenance • Enhanced safety patrols • More effective communication with Police • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk power washing Special Projects • Banners • Gateways • Signage • Public art • Cosmetic improvements • Other projects as appropri~te Total proposed budget for the first year of operation (2007) will be approximately $100,000. Funding for BID services will be raised through a special assessment that will be based upon a combination of commercial land area and first floor commercial building square footage. In order to allocate the costs of the services and improvements to be furnished by the BID in a way that . most closely reflects its benefits, the BID will collect a special assessment based upon commercial land area and first floor square footage. There are approximately 1.1 million square feet of commercial land and about 440,000 square feet of commercial first floor building within the proposed BID boundaries. Per Colorado state law, any property that is within the BI.D boundary and is classified for assessment by the county assessor as residential or agricultural is not subject to the revenue raising powers of the BID and therefore will not be assessed by the BID. Below is a table outlining the assessment based on square foot of lot and square foot of building : Rate per SF of lot .029 Rate per SF of first floor .152 building Term: City Services: District Formation: Finan(;ial Approval: Governance: Dissolution : A term of ten ( 10) years is recommended for the South Broadway Englewood BID. A base level of services agreement between the BID and the City of Englewood will outline the City's current level of services in the BID area, as the City will maintain its existing services. BID services will be in addition to any City services currently provided downtown. The formation of a BID in Colorado requires submission of petitions from owners of real and personal property representing more than 50% of total acreage and assessed value within the district, a public hearing and a City Council ordinance forming the BID. In order to· allow for a BID assessment, a majority of qualified electors within the proposed district who actually vote must approve the assessment in an election to be held in November 2006. The BID will be managed by a Board of Directors consisting of five (5) to seven (7) members, all of whom shall be voting members and BID ratepayers. One additional seat (in addition to the 5-7 voting members) shall be reserved for an ex-officio member that shall be a representative of the City of Englewood. The board will determine annual BID priorities and oversee ongoing management of BID programs. The board shall consist of a majority of real property owners, shall equitably represent geographic areas of the BID and a variety of size and type of property and businesses. · A slate of board nominees shall be submitted by a nominating committee to City Council for approval. City Council may; at its discretion, decline fo appoint the slate of nominees but if it does so it shall return the entire slate to the nominating committee which shall submit another slate of nominees for consideration by City Council. The BID may be dissolved if property owne~s representing more than 50% of total acreage and assessed value within the District submit petitions to dissolve it, or if the BID fails to submit an operating budget to City Council for two su ccessive years . ... II. WHY FORM A BID? There are several reasons why now is the right time to form a Business Improvement District along the South Broadway corridor in Englewood: • Increase Sales, Occupancies and Property Values: More than 1,000 BIDs have been formed throughout North America and are acknowledged as a critical ingredient in commercial area revitalization. BIDs are proven to work by funding improvements and services that enhance the overall vitality of a business district. Success is measured by higher occupancies, sales and property values. Nationally, the BID renewal rate is 99% . . • Strengthen the South Broadway Corridor's Competitiveness in the Regional Marketplace: The BID supports a results-oriented set of programs that will produce both short-term and long-term tangible improvements~ These improvements and services will help accelerate efforts to attract and retain consumers, visitors, new businesses and investment to South Broadway. • Create a Reliable Source of Funding for South Broadway: A BID will provide a reliable, multi-year source of funding to ensure these programs can continue to showcase and benefit the South Broadway corridor. · • Leverage Positive Changes along the South Broadway corridor: There are exciting changes in Englewood-with new businesses and investment creating an eclectic and exciting business mix. The BID will help to ensure that the benefits of the new investment and energy will be spread throughout the South Broadway corridor. • Broaden Private Sector Control and Accountability: The South Broadway Englewood BID will be governed by a board of district property and business owners. Annual BID work plans and budgets will be developed by the board, ensuring that the BID will be directly accountable to those who pay an assessment. New programs will be subject to private sector performance standards and controls. • Create a Unified Voice for the South Broadway Corridor in Englewood: A BID will help broaden the foundation for developing a viable and unified private sector voice for the South Broadway corridor. A BID will unify and enhance the current merchant association efforts , and act as an advocate for the healthy growth and development of the entire BID area. 4 Ill. PROCESS TO CREATE THE BID OPERA TING PLAN The Plan for creating a BID along South Broadway in Englewood is the result of a community process in which more than 100 Englewood area property and business owners have participated between the fall of 2005 and the spring of 2006. The City of Englewood , at the behest of a group of merchant and property owners, retained the consulting firm of Progressive Urban Management Associates (P.U .M.A.) to help determine the ·feasibility of forming a BID. Key steps of the process included: • ·em Steering Committee : To guide the consultant team and test the viability of the BID concept, a Steering Committee composed of district property owners and business owners was created. Steering Committee members include: Ted Vasilas, Jon Cook, Doug Cohn, Beth Minnick, Bob Voth, .Rick Reese, Brian Verbeck, Steve Schalk and Bob Laughlin. • One-On-One Meetings with Key Property Owners: A series of one- on-one meetings were held with business and property owners in the BID study area to determine their willingness to support a BID. • Stakeholder Focus Groups: To involve property and business owners . in the design and development of the plan , two stakeholder focus groups were . held in November, 2005 . The focus groups included a survey designed to assess service priorities and whether there .was an appetite to support various BID improvements and activities . • Direct Mail Survey: A direct mail survey was sent to property owners within the Englewood BID study area in November, 2005 . Fifty-five (55) surveys were returned providing additional input for the design of the BID work plan . • Plan Review Workshops/Final Plan :·The draft BID work plan and budg et we re reviewed by th e BID Stee ring Committee and th en presented to property and business owners in two workshops held in early February, 2006. Input from the workshops and Steering Committee led to t he completion of the final plan . Top community priorities t ha t eme rged from nearly 100 surveys com pleted by part ici p ants in on e-on -on e m eet ing s and fo cus g roups and respondents t o th e ma il s urve y incl ud ed : • Marketing, Promotions & Image Enhancement • Enhanced Maintenance • Enhanced Safety 5 IV. SOUTH BROADWAY ENGLEWOOD BID OPERA TING PLAN As deterl'!lined by area property and business owners, the top priorities for improvements and activities within the BID study area include: • Marketing and promotions to increase the South Broadway corridor's image as a destination and increase the consumer draw to the corridor. • Enhanced maintenance and safety programs to address nuisance crimes to create a more attractive , safe and appealing area . The following narrative provides recommendations for the first operating year of the BID. The Board may amend program activities in subsequent years within the general categories authorized by state law and in the approved annual operating plan and budget. Final programs and budgets will be subject to the annual review and approval of the BID Board of Directors . . BID PROGRAMS Marketing and Promotions: Initiatives are recommended to enhance the overall image and marketability of the South Broadway corridor to attract a wide array of consumers and promote South Broadway shops , restaurants , night clubs and other attractions . The BID Board of Directors will set annual priorities for marketing projects. Options include : • Public relations to raise regional awareness of the South Broadway corridor and its unique restaurants , shops, and attractions. • Map and Directory to help consumers find their way around the corridor and to locate specific venues . • Collaborative Marketing among the variou s merchants and v endo rs a long t he co rri dor in order to leverage m a r k eti ng fund s and resources. • South Broadway website that maintains current information on area businesses, special events and contact information for South Broadway Englewood BID personnel and services • Marke t research to better u nderstand who is shopping along the corrido r and w hat shops, services, restaurants and e v ent s are gaining the biggest consumer draw. • Com munic ati ons including the publication of a periodic newsletter and annual stakeholder surveys to determine the overall satisfaction with and effectiveness of BID programs. • Special Events that bring f cus and attention to the corridor are encouraged to continue and expand . f' Enhanced Maintenance and Safety Programs are recommended to improve the overall image , safety and appeal of the South Broadway corridor including: • Enhanced safety patrols • More effective communication with Police • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk power washing Special Projects to enhance the sense of place and esthetic quality of the South Broadway corridor include: • Banners • Gateways • Signage • Public art • Cosmetic improvements V. BID BUDGET The proposed annual BID budget is approximately $100 ,000 , to be raised through a combination of special assessment on commercial lot and building (first floor only) located within the boundaries of the BID . The budget include.s provisions for defraying the costs of collecting the special assessments and other expenses normally associated with special assessment processes. Bonds: The BID shall be authorized to issue bonds at the discretion of, and in such amounts as may be determined by, the BID Board of Directors , and subject further to the approval of a majority of BID electors at an election called for the purpose of authorizing such bonds . Fees and Charges : Alt houg h th e curre nt b udg et and operat ing pl an d o not contemplate imposing rates and charges for services furnished or performed, the BID shall be authorized to impose and collect reasonable fees and charges for specific services as determined by the BID Board of Directors. There are no plans to impose any additional fees and charges beyond the an nu a l B ID assessment at this time. 7 VI. ASSESSMENT METHODOLOGY Under Colorado statutes, Business Improvement Districts can generate revenues through several methods, including charges for services rendered by t~e district, fees , taxes, special assessments, or a combination of any of these. In order to allocate the costs of the services to be furnished by the BID in a way that most closely reflects the benefits conferred upon the businesses and commercial properties in the BID, the BID shall be authorized to determine , impoi:;e and collect special assessments based upon both commercial lot and first floor commercial building square footage. The special assessment methodology is intended to equitably address the intended benefits to South Broadway based upon real property characteristics to achieve the following: BID services will improve overall image and marketability of properties throughout the entire area of the BID, leading to increased occupancies and values. Land square footage is utilized as an assessment variable to distribute the anticipated benefit to property resulting from these services . One-third of the projected BID budget is allocated to land. First floor building square footage is assessed at a higher rate than land . The first floor of real property is expected to benefit from image enhancement activities that increase occupancies and sales, particularly from retail related uses. Two-thirds of the projected BID budget is allocated to the first floor of real property. Second floor and higher building square footage is omitted from the special asse~;sment because these spaces do not provide the same level of economic return as first floor spaces and are less likely to be occupied by retail related uses . Th e following assessment rates apply to South Broadway Englewood properties based upon a datab ase t hat has been assemb le d by th e City of Englewood utilizing data supplied by the Arapahoe County Assessor and GIS technology. Estimated assessment rates ori real property for the first operating year of the BID are: Per sq.ft . of Lot Per sq .ft. of main flo or of bu ild inQ South Broadway $.029 $.152 Commercial Properties Annual Ad justments: In order to provide adequate funding for the costs of providing its services and improvements in the future, the BID shall be authorized to increase th~ rates of assessment set forth above not more than five percent (5%) each year, on a cumulative basis . The assessment will be 8 collected by the Englewood City Treasurer pursuant to an agreement to be entered into by between the BID and Treasurer's Office. VII. BID GOVERNANCE AND PROGRAM MANAGEMENT Governance: The BID will be managed by a Board of Directors consisting of five (5) to seven (7) members, all of whom shall be voting members and BID ratepayers. One additional seat {in addition to the 5-7 voting members) shall be reserved for an ex-officio member who shall be a representative of the City of Englewood. The board will determine annual BID priorities and oversee ongoing management of BID programs. The board shall consist of a majority of real property owners, shall equitably represent geographic areas of the BID and a variety of size and type of property and businesses. A slate of board nominees shall be submitted by a nominating committee to City Council for approval City Council may, at its discretion, decline to appoint the slate of nominees but if it does so it shall return the entire slate to . the· nominating committee which shall submit another slate of nominees for consideration by City Council. · The BID board will have the following responsibilities: • Prepare and file the annual BID budget in accordance with state legal requirements and ensure compliance with other state laws.· • Provide direction and coordination in carrying out BID funded improvements and services. Program Management: In order to manage and implement BID programs, the BID Board of Directors may engage professional staff support in a variety of ways, including: • Employing marketing and events , maintenance or security professionals as full or part-time staff members • Contracting for specific services with private firms The board will make final decisions regarding the operation and daily management of BID services upon its formation. . . VIII. CITY SERVICES A base level of services agreement between the BID and the City of Englewood will outline the City's current level of services along the South Broadway corridor. BID services will be in addition to any City services currently prov ide d in the BID boundary. 9 IX. TERM The BID will sunset ten years after it begins operations in 2007 (at the end of 2016), unless extended beyond such term by petitions meeting the · requirements of state law for organization of a new business improvement district, and such extension is approved by the City Council. 10 ,'. ~~ ~ City of Engl wood 0 600 1,200 1,100 F, t COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 5, 2007 11 cl Additional Filtration at Pirates Cove Initiated By: Staff Source: Parks and Recreation Department Jerrell Black, Director of Parks and Recreation Gary Hultberg, Manager of Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • A City that provides and maintains quality infrastructure. • A safe, clean and attractive City • A City that provides diverse cultural , recreational and entertainment opportunities. Council approved $150,000 in the 2007 Conse rv ation Trust Fund budget for w at er clarity improvements at Pirates Cove. On May 7, 2007 Council approved a contract for installation of an Ultra Violet system to improve water clarity and sanitation. RECOMMENDED ACTION Staff recommends that Council approve, by Motion, the bid of $110,327 to CEM Sales and Service the sole bidder. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Although w ater clarity and sanitation in the leisure pool at Pirates Cove meet all state standards, w e w ould like to improv e the clari ty of the w ater to ma ximize patron safety. Adding an Ultra Violet sys t em and additional fi ltration w er e re c ommended solutions. It w as dete rm ined that adding th e ultra violet sys t em firs t in hopes of inc rea sin g clarity w ould allo w us to forego th e ex p ense of additional filters. Although the u ltra violet provi des add iti on al water sanitation, we di d not experience the level of water clarity desired . Providing additional filters to the leisure pool is the recommended solution to improving water clarity. We have discussed this project with Council prior to Pirates Cove opening in 2007 as well as the budget workshop this fall. FINANCIAL IMPACT Funds for this project are available in the approved in the 2007 Conservation Trust Fund budget. LI ST OF ATTAC HM ENT S Bid Tabulation Sheet Bid Proposal Co ntra t ( ( City of Englewood Bid Tabulation Sheet Bid Opening Date: October 4, 2007 10:00 a.m. ITEM BID IFB-07 139 Pt C f"I f I . . rates ove 1 tra 10n morovements . Bid Add Filtration Vendor Bond Y/N Improvements Exceptions: Associated Pools Duane 701-258-6012 NOBID 2121 Lovett Ave . Bismarck ND 58502 CEM Sales & Service y $ 110 327 .00 See Bid Documents Page 1 of 1 Chris 303-762-9470 Bid Bond given the the form of a check 2771 W Oxford Ste 2 Check #253773 dated 10/3/07 Enalewood , CO 80110 Held In Cltv Cashiers Office High Country Pools $ -NOBID Don 970-226-2657 6330 S Colleae Ave. FT Collins CO 80525 Texas Waterworks $ -NOBID Robert 972-446--0665 1510 Randolph Ste 102 Carrollton, TX 75006 ( BID PROPOSAL# ITB-07-139 Pirates Cove Filtration Improvements Description Pirates Cove Filtration System Improvements Lump Sum in numbers Total Lump Sum $ J/0,32j.OO Each Proposing Firm shall determine prior to submitting a Bid that they have received all Addenda issued , and will acknowledge the receipt on .this bid proposal form . Receipt of copies of the following amendment(s) is (are) hereby acknowledged : Addendum(s) No . Date Acknowledged Does your company accept payment in the form of a credit card? Yes_ No...X ALL MATERIAL F.0 .8 . CITY OF ENGLEWOOD Pirates Cove Family Aquatic Center 1225 W Belleview Ave . Englewood , CO 80120 Invoice Terms : Net J,O Price quote firm for 90 Days . Exceptions : ..... N .......... o-n~e _____________________ _ Title CtM s;)~ ~ 5:c~ie,t. Signature 1 1 .l A• 'V ~tt.noJ..t IV\'" ~e.r Company · A 2}}\ vJ . Oi ~rd ,wt. Ste -Z. ' ()0 Address 30~ 1 (q2. q'j 1:Q Telephone -4 - CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement, made and entered into this 5th day of November, 2007 , by and between the City of Englewood , a municipal corporation of the State of Colorado hereinafter referred to as the "City", and CEM Sales & Service, whose address is 2771 W . Oxford Ste 2 , Englewood , CO 80110 , ("Contractor"). Commencing on the 11th day of September, 2007, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools , supplies , equipment, materials and everything necessary and required for the following : PROJECT: Pirates Cove Filtration lmproveme~ts WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Parks and Recreation to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensa ti on to be pa id the Contract, t he mutu al agreements hereinafter contained: A . Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full : Invitation to Bid Min imum Specifications Sample Contra ct In surance Drawings E-1 & E-2, SP 5 .0 & SP 6.o·. B . Scope of Work: The Contractor agrees to and shall furnish all labor, tools, suppl ies , equipment, materials and e verything necessary for and required to do, perform and complete all the work described , d rawn, set fo rt h, shown an d included in said Contract Documents. C . Tenns of Performance: The Contractor agrees to undertake the performance of the work under this Contract wi thin ten (10) days from being notified to commence work by the Director of Parks and Recreation and agrees to fully complete said work by the 18th day of April, 2 008 , plus such extension or extensions of time as may be granted by the Director of Parks and Recreation in accordance with the provisions of the Contract Documents and Specifications . 1 D. Indemnification The City cannot and by this AgreemenUContract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this AgreemenUcontract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award, less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being one-hundred ten tho.usand, three hundred twenty seven dollars and no cents. ($110,327 .00). H. Appropriation of Funds: At present, $110,327.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts for which funds have already been appropriated or are otherwise available. The City shall immediately notify the contractor or its assignee of such occurrence in the event of such termination . -2 - I. Contract Binding: It is agreed that th is Contract shall be binding on and insure to the benefit of the parties hereto, their heirs , executors, administrators, assigns, and successors. Verification of Compliance with C.R.S . 8-17 .5-101 ET.SEQ. Regarding Illegal Aliens (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this Contract or (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & {II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program" (authorized by P.L.2P4 of 1041h Congress and amended by P .L.156 of 1081h Congress) that Contractor does not employ any illegal aliens. And , if not accepted into the "basic pilot program" prior to entering into this Contract, Contractor further verifies, Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed, whichever is earlier. [CRS 8-17.5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall; (1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17.5-1 02(2)(b}(lll)(A) & (B).] (3 ) Excep ti o n: If the su bcontracto r provi des information to establish that the subcontractor has not knowing ly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal a li en. (e) Duty to Comply with State Investigation : Contractor shall comply with any reasonable request of the Colorado Depa rtm ent of Labor an d Empl oyment m ad e in the course of an investiga tion purs ua nt to C .R.S. 8 -17.5-1 02 (5). [C RS 8-17 .5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate th is contract for a breach of contract , in whole or in part, due to Contractor's breach of any section of this paragraph . Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. -3 - IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in 4 counterparts. by~t:-=1~1--...L--A-~~~~~~~ Pa CITY OF ENGLEWOOD Party of the First Part ATTEST: City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 5, 2007 11 ciii Platte River Oxbow Purchase Initiated By: Staff Source: Community Development Department Alan White, Director COUNCIL GOALS AND PREVIOUS COUNCIL ACTION • On July 21, 2003, Council approv ed the South Platte Ri ver Open Space Plan as an element of Roadmap Englewood: 2003 Englewood Comprehensive Plan. • On January 14, 2005 Council approved the IGA to participate in the Arapahoe County Open Space Shareback program that provides the match funding for the Grant project. • In Febru~ry 2006, Council authorized a grant application to Arapahoe County Open Spa c e for $250,000 for the purchase of the O xbow Property. • On November 6, 2006 the City Council approved the 2007 Budget and Appropriation Ordinances including the Open Space Budget. • May 2 1, 2007, Council adopted a Resolution transferring and appropriating $1 25,000 from the Mary Carter Greenw ay/Buffer Projec t to purc hase the O xbow Prope rty • On June 4, 2007 Council authorized an IGA w ith Arapahoe County to accept a $250,000 Open Spa c e Grant for the purchase of the South Platte Ri ver O xbow Habitat/Wetlands property. • On August 20, 200 7 Council authorized the purchase of approximatel y 2.3 acres of land kno w n as the South Platte Ri ver O xbow Habitat/Wetlands. RECOMMENDED ACTION St aff re commends that Co un ci l approve a r eso luti o n th at d eleg ates th e f unds authori ze d fo r th e pu rc ha se of th e p ro p erty t o So uth Suburban Park and Rec rea t ion Distri ct, authorizes th e City Manage r an d Fin ance and Admini strative Services D irector to trans fer $437,5 0 0 for p urc hase of t he property, and finds the ordinance approving the purchase agreement void. BACKGRO UN D AND ANALY SIS When the owner rejected lease provisions addressing environmental issues on the property, t he Trust for Public Land contacted other public entities which own and maintain open space properties to determine if they would accept the property. The Sou th Suburban Parks and Recreation District has taken action to accept title to the property and lease it back to the owner. Funds commi tted by the City and other parties will be deposited in an escrow account to be used b th Trust for Publ i Lands to purchase th e property. / Ordinance 45, Series of 2007, established the City of Englewood as the owner of the portion of the Oxbow property within Englewood. The purchase agreement approved by Ordinance 45 , Series of 2007 is declared void by this resolution . Englewood received a grant from Arapahoe County (as recommended by the Open Space and Trails Board) for funding in the amount of $250,000 and the City pledged match funding of the minimum $62 ,500. The City also pledged $1 25,000 from the Mary Carter Greenway Fund. These amounts do not change with this resolution; they are delegated to South Suburban Park and Recreation District for purchase of the property. Other parties have pledged the remainder of the funds needed to meet the purchase price of $730,000. The City of Littleton has committed $109,500 for the purchase and South Suburban Parks and Recreation District contributed $47,000 for the purchase. The balance of funding for the Oxbow purchase was provided by Arapahoe County. Ordinance 36, Series of 2007, approving the IGA between Englewood and Arapahoe County does not need to be amended to allow the property to be owned by South Suburban Parks and Recreation District. The proposed resolution delegates the funds allocated to Englewood in the IGA to South Suburban Park and Recreation District. FINANCIAL IMPACT The cost of purchasing the South Platte River Oxbow property is $730,000. City funds that were authorized for purchasing the Oxbow include matching funds of $6 2,500 and $1 25,000 transferred from the Mary Carter Greenway Expansion and Buffer Project. The $250,000 grant received by the City is still committed to purchase of the property. This resolution does not change the amount of funding committed by the City. ATTACHMENTS Resolution RESOLUTION No .¥1 SERIES OF 2007 A RESOLUTION APPROVIN G A SUPPLEMENTAL APPROPRIATION TO THE 2007 BUDGET FOR THE PUBLIC IMPROVEMENT FUND AND THE OPEN SPACE FUND . WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, this supplemental appropriation to the 2007 Budget to the Public Works Fund is a result of unexpected expenditures incurred during land preparation activities at the Sheridan Riverpoint Project which were not included in the 2007 Budget; and WHEREAS, this supplemental appropriation to the 2007 Budget to the Open Space Fund for the City of Englewood's portion for the purchase of the Oxbow property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2007, as follows: PUBLIC IMPROVEMENT FUND SOURCE OF FUNDS: Golf Course Redevelopment Oversight Expenditures USE OF FUNDS: Golf Course Redevelopment Funds OPEN SPACE FUND SOURCE OF FUNDS: Reserved Fund Balanc e USE OF FUNDS: Oxbow Property Purchase Project $200,000 $200,000 $ 62,500 $ 62,500 Section 2 . The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2007 Budget for the City of Englewood. ADOPTED AND APPROVED this 4th of June, 2007. I, Loucrishia A . Ellis, City Clerk for tJi!tf ity of Englewo , above is a true copy of Resolution No. _:f._/-• Series of 200 & t I, Loucrishia A. Ellis , City Clerk for t}1~ity of Englewo , above is a true copy of Resolution No.1+, Series of 200 " , COUNCIL COMMUNICATION Date: June 4, 2007 Initiated By: City of Englewood Agenda Item: 11 Ci Subject: A Resolution for a Supplemental Appropriation of funds in the Public Improvement and Open Space Funds for additional expenditures incurred during land preparation work at the Riverpoint at Sheridan project and for funds to purchase the Oxbow Property. Staff Source: Frank Gryglewicz, Director Finance and Administrative Services Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this supplemental specifically but City Council has discussed the activities on the Golf Course site on a number of occasions, including the Budget Retreat held on May 19. The Oxbow purchase has been discussed on a number of occasions . City Council has supported going fo rward with th e purc hase of thi s property. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution for a supplemental appropriation to pa y for costs related to the environmental oversight during land preparation activities on the Golf Course and to pay for a portion of the City's portion of the Oxbow property. PUBLIC IMPROVEMENT FUND : SOURCE OF FUNDS: Golf Co ur se Red eve l opm ent Envi ronm ental O ve rsight Exp enditures $200,000 USE OF FUNDS : Golf Course Redevelopment Funds $200,000 OPEN SPACE FUND : SOURCE OF FUNDS : Unreserved Fund Balance $62,500 USE OF FUND S: Oxbow Property Purchase Project $62,500 r, I I I ! I I i i I 1, i . I I I I : .........._~Major .......,..............._~ Envi~onmental ~ Services, Inc. May 31, 2007 Mr. Rick Kahm Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Environmental, Consulting and Contracting RE: Status of Environmental Oversight for Sheridan Redevelopment Lease Compliance Dear Mr. Kahm: As per your request, I have itemized a list outlining the time and resources expended for the aforementioned project to date, as well as an estimate to complete the work. The ori ginal estimated start time for the job was October 3, 2006 . Completion of all Muni cipal Solid W aste (MSW) was anticipated to b e April 12 , 2007 . Due to wea ther, site condi t ions and lease agreements , the construction finally b egan in F ebruary of 2007 . The estimate for the original oversight contract was based upon the Developers/Contractors' schedule of 60 days on the leased property. Originally, we were told the construction hours would be 20 hours per day, 7 days per week, per the Contractor's Plan of Operation (CPO), and the work area would be limi ted to 4 -8 acres (per CPO). It w as presented that only 2 excavators would be working out of same excavation area. The ori gi nal plan, as per Adolphson & Peterson (A & P), was to use 24 trucks p e r hour during working hours. There have, generally, been between 60 and 90 trucks w orkin g at one ti me. Our original budget was based upon 10 hour shifts and 24 man hours per day for complete site coverage. The budget included equipment and materials for 24 man hours per day plus administration. Based upon the estimated total volume of waste to be excavated, and the number of trucks used to haul the material, we estimated a total number of 3,200 hours in our proposal. When work actually commenced on the project, property excavators were worki ng in 12 hour shifts with no break. As many as five excavators were working in as man y as four different locations. To provide adequate observation, we needed three additional field pers01mel. Updated schedules extended the time, first to 120 days, and, most recently, to 154 days on the leased property. ln April, Walsh Envirorunental called for a special meeting to discuss the Contractor's accelerated pace and dire need to catch up to schedule. We believe Walsh, the developer's consultant, was approved additional hours to facilitate the Contractor's multiple excavation areas. Walsh added three new field techs, and their time was almost doubled. Through May 31, 2007, we have expended approximately 3,900 field hours ($321,000). The original estimate provided to the City was $250,000. To date, we have an overrun of 860 hours, or $71,000. Based upon the anticipated time remaining to complete the project (now estimated at July 18, 2007), and time to complete close out documents and submittals, we anticipate an over run of another 1,560 man hours to complete the project ($129,000). The total funding required to finish this project is now estimated, and will not exceed $200,000 over the original contract. If you have any questions or need further clarification, please do not hesitate to call. Respectfully, William A Major, President Major Environmental Services, Inc. RESOLUTION NO . .if_ SERIES OF 2007 A RESOLUTION APPROVING THE TRANSFER OF FUNDS IN THE 2007 BUDGET. WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council; and WHEREAS , the City Council approved the 2007 Budget and Appropriation Ordinances on November 6, 2006 ; and WHEREAS, the Englewood City Council has made protection of open space a priority; and WHEREAS, a piece of property known as the Oxbow Property was placed on the market prompting the City to research the acquisition and funding of purchasing the property; and WHEREAS, the funds being transferred were previously appropriated for the Mary Carter Greenway/Buffer Project ; and WHEREAS, additional funding for this project will be necessary and is expected to come from the following possible sources: the City of Littleton, Arapahoe County and Open Space, and GOCO ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado , hereby approv es the following transfers and appropriations: OPEN SPACE FUND: Source of Funds: Mary Carter Greenway/Buffer Project $125,000 Use of Funds : Oxb ow Property Purch ase Proj ect $125,00 0 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the budget. ADOPTED AND APPROVED this 21st of May , 2007 . I, Loucrishia A. Ellis, City Clerk for ~City of Englewood , above is a true copy of Resolution No. , Series of 200 COUNCIL COMMUNICATION Date: Agenda Item: Subject: May21,2007 11 c i Transfer of Funds in the Open Space Fund from the Mary Carter Green w ay/Buffer Project to the O xbow Property Purchase Project Initiated By: Staff Source: Finance and Administrative Services Frank Gryglew icz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this supplemental specifically, but City Council has discussed the acquisition of th is property on numerous occasions . RECOMMENDED ACTION Staff recommends City Council approv e the attached Resolution to transfer funds from the Mary Carter Greenw ay/Buffer Project to the Oxbow Property Pu rc hase . OPEN SPACE : SOURCE OF FUNDS : Mary Carter Greenway/Buffer Proje ct $125,000 USE OF FUNDS: O x b ow Pro p er ty Purc ha se Proj ect $125 ,000 BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED City Council has made protection of open space a priority. This property was put on the market prompting City staff to research the acquisition and funding of this project. FINANCIAL IMPACT The source of funds was previously appropriated for the Mary Carter Greenway/Buffer Project so there is no net effect of this action. The remaining funding is expected to come from the following possible sources: City of Littleton, Arapahoe County, and Open Space, and Great Outdoors Colorado. LIST OF ATTACHMENTS R s lution BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council has made protection of the City 's interests on the Ri verpoint at Sheridan project a priority. This property was a landfill in the past and the City has incurred additional expenditures to ensure the trash removed from the site is handled properly. The additional expenditures are a result of weather delays and unexpected levels of trash in the landfill. City Council has made the preservation and acquisition of open spa c e a priority. The purchase of the Oxbow Property furthers this goal. FINANCIAL IMPACT The "Golf Course Funds" paid to the City for the long-term lease of the Golf Course property was placed in the PIF until Council determined the disposition of the funds. These environmental oversight expenditures will reduce these funds by $200,000. The appropriation of funds for the Oxbow Property will reduce the fund balance in the Open Space Fund by $62,500. LIST OF ATTACHMENTS Information regarding environmental oversight activities Resolution CONTRACT. N0.7S-.X:O(l 1 bi Ev.Ii ;b,'r-tt= ~ ~oo 7 J ORDINANCE NO.~ SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL GRANT AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS", BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO. WHEREAS, in November 2003 the voters of Arapahoe County approved a county-wide sales and use tax to be used for specified Open Space purposes as set for the in County Resolution No. 030381; and I WHEREAS, County Resolution No. 030381 authorized the County to award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities ; and WHEREAS, the Englewood City Council authorized an amended IGA with the Board of County Commissioners of the County of Arapahoe pertaining to "Open Space" Tax Shareback Funds, providing match funding for Grant projects with the passage of Ordinance No. 1, Series of 2004/2005; and WHEREAS, the Englewood City Council approved the Adoption of the South Platte River Open Space Plan which became part of Roadmap Englewood 2003: Englewood Comprehensive Plan with the passage of Resolution No. 72, Series of 2003; and WHEREAS, the 2003 South Platte River Plan identified a series of projects and purchases that add capacity and improve the quality of the recreation experience in the co mmunity; and WHEREAS, the City of Englewood submitted an application for the award of grant funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $250,000 for the South Platte River Oxbow Habitat/Wetlands ("Grant Project"); and WHEREAS, the "South Platte Ri ver Oxbow Habitat/Wetlands" is approximately 2.82 acres of land adjacent to the Colora do Water Conservation Board's South Platte River Right-of-Way of which the 2 .21 acres parcel, within the City of Englewood will be owned and maintained by the ity of Englewood and the .39 acre parcel, within Littleton will be owned and maintained by the ity f Littleton ; and Wl I AS the property will be lea ed back to the current owner for not more than five years fo r a n min::il fee ; and WHEREAS , this Ordinance will authorize the lntergoverm11ental Grant Agreement between the Board of Cow1ty Commissioners of Arapahoe, State of Colorado for the Englewood Trailhead Improvements for the purpose of acquiring property for recreation, open space, wetlands and habitat; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Comrnissione11s of Arapahoe County, State of Colorndo entitled "Intergovernmental Agreement Regarding 2006 Grant Of An,pahoe County Open Space Program runds Project Name: South Platte River Oxbow I-Iabitat/Wetl,mds", attached as "Exhibit 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 of Exhibit 1, attached to this Ordinance shall not be published because of its size. A copy of Exhibit A of Exhibit l, is available in the Office of the Englewood City Clerk. Section 3. The Mayor is authorized to execute and the City Clerk to attest and seal the lnt.ergovemmental Grant Agreement for and on behalf of the City of Englewood, Colorado. fntrodu eed, read in full , and passed on first reading on the 21st day of May, 2007 . Published as a Bill for an Ordinance on the 25 11 ' cl.iy of May, 2007. Read by title ancl passed on final reading on the 4th d,1y of' .lune, 2007. Published by title as Ordinance No .~, Series of 2007, on the 8th day of June , '.2.0()7. ________ / I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby cettify that the ;,hove and foregoing is~ ;rue copy of the Ordinance pass1.:d on final reading and published by title as Ordinance No .~ Series of 2007. bl-~ INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS · This Intergovernm en tal 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 ENGLEVv'OOD, 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. 03038 I; and WHEREAS, Resolution No. 03038 I authorizes the County to award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities, as more fully set forth therein; ! I.I ·wHEREAS, on May 23, 2006, the County _approved the Grantee's Project App lication, ~- wh ich is attached hereto and inc orpo rate d by reference herein as Exhibit · A , ("Project V - Arnli ~ ic ''), subject to the execution of an intergovernmental agreement and subject to the . · terms an c. 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 appro ved for grants from the County; and WHEREAS, these intergovernm ental agreements are authorized by Article XIV, S ection 18 of the Co lorado Constitution and COLO. REv . STAT.§ 2 9-1 -203 (2 005). 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 amow1t not to exceed $250,000.00 from the Arapahoe County Open Space Program for the South Platt e. River Oxbow Habitat/Wetlands ("Grant Project'). 2. Use of Grant Funds. The Grantee agrees that it sha ll 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 exp nded by no later than one year from the date o f this Agreement, unless a Jong r peri d of time is otherwise agree d to by the County in writing. . ..... ,. .. I I ( I ' 1 \ J \ ' l ,J E X H I B I T 1 7 4. Interest on Grant Funds . The Grantee fortbei· agrees that, after receipt o f it s Grant, the Grantee will use any interest earned on the Grant only for the G rant Project as set fo1ih in its approv e d grant applic atio n. 5 . Administration of Grant Project. The Grante e s hall he respons ible fo r th e d ir ect supervision and a dministration of the Grant Project. Th e County shall n o t be liable or respon s ible fc)l' any e ost overruns on the G rant Proj e ct. N or s h a ll the C o unty shall have any duty or o bligation to provid e a ny a ddi t io na l f un d in g for the Grunt Prnjcct if the G ra nt Project cannot be c omplete d with th e am o un1 of Ci r an1. Fund:; award ed hy the Co unty to the Grantee . G. C ran1. P1:Qjccl 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 . Acknowlcd gg mcnt of County b_y Grantee . The Grantee a grees to ackn o wl e dge the County a s a contributor t o th e G rant Proj ect in all p11blicati o n s, news rele ases and other publicit y .iss u e d by the Crantce rel al.c d to the proj ect a nd agrees to a ll o w the County to do th e same. If any events arc plann ed in regard to the G r ant Proj ect, the C ounty sh all b e ackn o wledge d as a cont ri b ut or in the in v itat ion to su ch c.;ve nts . Grantee shall coo perate with the County in preparing pub]j c info rm atio n pieces, providin g ph otos o f the Grant Project fro m tim e to time, and p rovidin g access to the Grant Project for publicit y purposes. 8. J\.eguirc d SJ.m1 at Project Site. Grantee agre es . to erect at least one si g n in a publicly vis ible urea in reco gnition o f the grant fro m the Arap ah o e C ount y Open Spa ce P rogram. The location, form, de sign, and w ording o f s u ch sign s hall b e a pprove d by the C ount y . Suc h sign shall be er ected prior t o th e completion of t h e Grant Proj ect or its pu bli c o p e ning, which ever 'is th e earli er . 9. J{ cport Requirements. On or before December 31, 2007, the Grantee agrees to provid e the County with an annual updated rcpmi that · describes the amount of progress in completing the Grant Project, Grant Project milestones, and the use of Lhe Grant Funds to d ate. Upon completion of the Grant Project, the Grantee also agrees to submit to the Courrly a. final report, including a Jetter that cerlilics what the Grn11t Funds l1ave been used for and that the Grant Funds have been usL:tl in itccordance witli County R csolution No. 0303 81. In add il.i on to tbc final rqiort, Ciranl.ec sltitl l :il :;o subrn it to lhc County a final project summary that disc.u s:,;es lhc Ci rant Projcet aud iucl11dcs photographs of the various stag,:s of tl1e Grant J1roject dcvcloprnclll, including a photograph of the Grant Project al the time of completion . The Counly shall be allowed to use the above photographs in publicat i o ns, public information updates, and on the County web site. The Grantee furl her agrees lo provide the County with an electronic copy of the final report and prnjeel s11mmi1ry alo11g v,,ilh digital photographs. 10. Failure to Submit Required Repo1ts. Upon written notice from the County's Op en Space Manager, informing the Grantee that it has failed to submit any required annual update report 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 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 rep01is 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 supervi sio n 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 GrantFunds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and/o r this _ . . ...... Agreement, the County may require the Grant~e.Jo reimburse the County in the . .-,·-~-...... ·~:" , '·"',-'-':'am-oilntofsuch· Gf inf Funds thaf arenot=used-f6r"l1i"eGfrm t Projfct: ·-·-~· ---. · -- 13. 14. 15. 16. 17. 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 provided by law. · No Waiver of Ri12:hts. 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 subsequent breach by either party. Changes to Grant Proiect. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Changes must be requested in writing and may not begin until an amendment to this Agreement bas been approved by the County . 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 conveyed, nor may an exclusive license or p erm it 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 opt:n space fund to be used for purposes consistent with Res olution No . 0303 81. Relationship of the P arties. The Grantee shall perform all duties and obligations un er this Agre ment as an in ependent contrac or and shall not be de m d by J 8. 19. 20. 21. virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other n;lationship with the County. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, includin g, but not limited to, any agents or contractors of the Grantee. Severabilit:t . Should any one or more provi r:io ns of this Agrt.;cmt.;nl. be dctcnn in c d t.o be i lie gal or unenforceable, all other provisions nevertheless sha l I rc:rnai n effective; provided, however, the parties shall forthwith enter into good l'a.il.h ne &,d tiations and proceed with due diligence to draft a provisi o n that will acl1icve the original intent of the parties hereunder. 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. Yenue. 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. No~ccs. Notices, as reforrecl to in this Agreenwnt, shall he sent 1.o : COUNTY: ('IT Y : Hoard of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 801GG-0001 an d Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Open Space Manager /\rnpal,oc Count-y Public Works and Dcvclnpmc11t Deparl.mcnt 10730 l·~ast Briarwood Avenue, Suite 100 CenlL:nuial, Colornclo 80112-3853 uncl Mark Graham, Senior Planner City of E ng le wo od, Community I )cvelopment Dept. 1000 Englewood Parkway En •I woo d, '.o lora do 80110 and Daniel Brotzman, City Attorney 1000 Englewood Parkway Englewood, Colorado 80110 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 patties 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. Attorney Fees. If litigation is commenced by either party concerning this ··c::z -~·-·,. ·. -~'t\=:'.. Agreeriient; the prevailing . partf" shair· be ··entitled·· to recover its · reasonable -··. attorney's fees and costs from the other party. 26. 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. 27. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications , resolutions, or other documents refere nced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 2 8. 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 9. Signatures . The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. JN WITNESS WHER EOF, the County and the Grantee have executed this Agreement as or I.he dall: s d r·o rlh below. DATFl) this ___ day of -----·--···--·--·----' ·2007 A'l"J'ES'I"': n: y -·--····---------·-·-···-- City Clerk Loucrishia A. Ellis AJ>J>ROVED AS TO FORM: By: _________________ _ City Attorn ey ATTEST : By: _________ _ Nancy A. Doty, Clerk to the Board . APPROVED AS TO FORM : ny: ··------- Assistant Cc",unty A 1.torrn~y GRANTEE: CITY OF ENGLEWOOD By: ___ _ Name -Olga Wolosyn Title Mayor COUNTY OF ARAPAHOE STATE OF COLORADO By: ________ _ Rod Bockenfolcl, Chair, Board of County Commissioners (, COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 11 a ii Arapahoe County Open Space IGA Platte River O xbo w Purchase Initiated By: Staff Source: Community Development Department Mark G ra ham, Senior Plann er COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • On July 2 1, 2003, Council approved the South Platte Ri ver Open Space Plan as an element of Roadmap Englewood: 2003 Englewood Comprehensive Plan . • On January 14, 2005 Council approved the IGA to participate in the Arapahoe County Open Space Shareback program that pro vi des the match funding for the Grant project. RECOMMENDED ACTION Staff reco mmends that Council approv e a Bill fo r an Ordinan ce authorizing an Intergovernmen tal Agree ment (I GA ) between Englewood and Arapah oe Coun ty for the purpose of purchasing property in Englewood and Littleton for open space , recr eatio n, wildlife habitat, and w ater quality uses . BACKGROUND AND ANALYSIS In 2006, on Engle wo od's behalf, the Trust for Public Lands (TPL) secured an option to purc hase th e O xbow Pr o p erty for open space. Englewood submitted a grant application to Arapahoe County in 2006 see king funds to purchase the pro perty. The Arapahoe County Op en Space and Trails Board (OSTB) se lected the O xbow grant applicati o n for funding and the Arapaho e County Commissioners conc urred. Eng lewood requested the max imum gra nt am o unt of $250,0 00 and pledged match fu n d in g of the minimum $62 ,5 00. There was also an agreement with th e City of Littleton that th ey wou ld cost share in acquisition costs over $312,500. Fair market value based on an independent appraiser hired by TPL was agreed to be the basis for a selling price. Other due diligen ce measures, such as environmental reports, were at the buyer's expense. The owner of the O x bow Property, Ron Koc h, did not accept the property va lu e determination of the 2006 appraisal. TPL continued negotiations wi th Mr. Koch but co uld n ot overcome his objections to the first appraisal. TPL and Eng lewood agreed to allow Mr. Koch to se lect another MAI appraiser to determine the property va lue . The 2007 appraisal determined the va lue of the Oxbow Property to be $675,000. The increased va lue was attributed to re ce nt sales of land adjace nt to th e Oxbow to Lowe 's Home Improvemen t Store and other re cen t sales of land including land purchased for the Sheridan Urban Renewal Pr ojec t. k Koch has agreed to accept th e value determination in the 2007 appraisal. Other terms of th e agr em ent in clude the City I a ing th e prop rty back to Mr. Koch for up t o five years for use in his l.1nd sc1pin g bu sin ess. The lease would renew annually fo r a nomin al c1 rn o 1111t but would not be lransfer;1hl e ex ce pt upon his death, in whi c h case his foreman cou ld con tinu e lo o p erat e the business on the property und er the terms of th e agreem ent. Use of the Property Th e 2003 South Platte River Plan identified a series of goals and objectives includin g enhancing opporhmities to enjoy open space and protec t the natural environment by pr ov iding lands for rficrfiation, wildlife habitat and water quality. The Oxbow p rope rty contains protected w etlands, fl oodplain, and frontage on the Colorado Water Conservation Board prop erty th at c ontains th e So uth Plc1tt e River. The Oxbow property has the potential for b eing a trailhe ad for a future trail along th e e ast side of the river because th ere is safe v ehicle access to and from the property at the sign.1li zed intersection of W est Belleview Avenue and South Zuni Street. Because the current occupant of the property would remain on the propert)' for up t o fiv e years, th ere is no immediate plan to develop the property for public use. The agr een,ent with Mr. l<och c1nticipates that the City may begin to make some use of the property during the term of his l ease. Having the property occupied may be preferable to having it vacant and susceptible to dumpin g m o th er unwanted activit-ies. During Mr. Koch's lease h o ld, th e City co uld co ntinue t o seek co nse rva tion easements o n adjacent pr o p erti es that would provide link s to th e Bi g Dry C rt )e k trail north o f the Oxbow. Englewood may seek funding fo r trail s ;rnd enhan ce ments through th e GOCO Legacy G r a nt or other eli gi ble sources. Th e p urc h ase of the Oxbow Property ,,v iii co unt t owa rd Englevvood's mat c h for a Great O utdo ors Co lo rado (GOCO) Legacy Grant if closing is after June 21, 2007 . The Concept Paper for th e Legacy Grant was drafted by th e Trust f or Public Lrncls {TPL) and submitt ed on behalf of th e South Platte W o rking Group (SP WC) in M arc h 2007. COCO is expe c ted to invit e some partn erships t o submit a full grant application c.Juring the sumrner of 2007 for a full funding d ec ision at the end of th e calenda r y ea r. SPWG is req ue sting a $7 milli o n COCO Legac y Grant to assist with an es tim at ed $20 milli o n o f open space and trail e nh ance m ent s and purc hases along the South Platt e in Arapahoe C o unty. Arapahoe County has committed $3 milli o n of Open Space funding to SPW G projects which is expected to h elp close the funding gap for the O xbow property. FINANCIAL IMPACT Th e cos t o f purchasing the South Platte Riv er O xbow property is $730,000. This includes th e land , du e dil ige n ce environm ental reports, surv ey s, appraisals, and real estate serv ices provided by th e Tr ust for Publi c Land s. Th e sub j ec t IGA b etwee n Engl ewood and Arapahoe County provid es gra nt fun di ng o f $2S O,OO O. Th e minimum requir ed grant funding matc h from En glewoo d is 25°/r, o r $62,500 . The City of Littleto n has committed $109 ,500 for the purchase, and South Suburban l\1r ks and Re c re ati o n Di stri ct is c onsidering a c ontribution of $3 6,5 00 for the purchase. Coun c il has p rov id e d direc ti o n to allocate $12 5,000 from the Open Spa ce Fund balan ce t o th e Oxbow p u rc hase. Th er e is a fundin g gap of $146,500. The final $146,5 0 0 will be requ es t e d from Op en Sp ,ic , r eso urces co nm1 itt ed by Arapahoe County to South Pl att e \!\f o rking Group proj ects. ATIA HM l::N TS Bill for ;rn )rd in an :.J< ORDINANCE NO.~ SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQUENT LEASE OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS THE SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS. WHEREAS, Ordinance No . 36, Series of 2007 authorized and intergovernmental grant agreement regarding the grant of Open Space Program funds for the purpose of acquiring property in the South Platte River habitat area; and WHEREAS , Ordinance No. 36, Series of 2007, anticipated the purchase ofland adjacent to the Colorado Water Conservation Board's South Platte River Right-of-Way; and WHEREAS, Ordinance No. 36, Series of 2007, anticipated that the property would be leased back to the current owner for not more than five years for a nominal fee; and WHEREAS , this acquisition is consistent with the 2003 South Platte River Plan adopted by the City of Englewood by the passage of Resolution No . 72 , Series of 2003 ; and WHEREAS, the South Platte Ri ver Oxbow Habitat/Wetlands is approximately 2 .3 acres , more or less, ofland adjacent to the South Platte River Right-of-Way, which lies within the jurisdictional limits of the City of Englewood; and WHEREAS , this property is to be purchased by The Trust For Public Lands from the owner for purposes of acquiring the property and transferring it to the City of Englewood for open space; and WHEREAS , the property has been leased back to the previous owner for not more than fi v e years for a nominal fee and the City will accept assignment of the Lease; and WHEREA S, the City will be requiring the lessee to provide insurance to protect the property from env ironmental harm during th e term of the Lease; and WHEREAS , the City of Littleton is providing access to this property from land it is purchasing but not leasing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the purchase of a 2 .3 acre, more or Jess , parcel of land within the City of Englewood known as the South Platte River Oxbow Habitat /Wetlands described Purchase Agreement in Attachment 1 attached to this Ordinance. Section 2 . The Mayor and the City Clerk are authorized to sign and attest the Purchase Agreement and the Deed for the City of Englewood, Colorado, see Exhibit E attached to the Purchase Agreement. Section 3 . The City Manager is authorized to sign the Lease and any extensions for and on behalf of the City of Englewood, Colorado, see Exhibit F attached to the Purchase Agreement. Introduced, read in full , and passed on first reading on the 6th day of August, 2007. Published as a Bill for an Ordinance on the 10th day of August, 2007. Read by title and passed on final reading on the 20th day of August , 2007 . Published by title as Ordinance No.~ Series of 2007 , on the 24th day of August , 2007 . -2- PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is entered into between the TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Colorado, with an address of 1410 Grant Street, #D210, Denver, Colorado 80203-1846 ("TPL"), and the CITY OF ENGLEWOOD, a Colorado municipal corporation, with an address of 1000 Englewood Parkway, Englewood, Colorado 80110 (the "CITY"). RECITALS A. TPL owns or shall own by the date of closing approximately 2. 82 acres of certain real property located in Arapahoe County, Colorado, which is more particularly described in Exhibit A hereto (the "Property"). B. TPL shall sell 2.38 acres, more or less, of the Property, which lies within the jurisdictional limits of the CITY, to the CITY. This tract is more particularly described in Exhibits A and B hereto (the "Englewood Property"). C. TPL shall sell .44 acres ; more or less, of the Property, which lies within the jurisdictional limits of the City of Littleton, Colorado, a political subdivision of the State of Colorado, to the City of Littleton and South Suburban Park and Recreation District. This tract is more particularly described in Exhibit C hereto (the "Littleton Property"). D. The CITY has had full opportunity to review title to and survey of the Englewood Property and is fully satisfied therewith. E. The TPL shall enter into a Lease with Ron Koch for the Property, a copy of which is attached h er eto as Exhibit F , w hich TPL shall assign to the CITY and the CITY w ill accept fro m TPL, up on conveyance of the Englewood P roperty to the CITY, utilizing the assignment of L ease atta ched h er eto as Exh i b it F. F. The CITY shall expeditiously engage in those public processes necessary for it to accept title to the Englewood Property and the Lease, which it anticipates shall be concluded on or about September 30, 2007. TERMS NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree to be bound as follows: 1. Operative Provis ions. The above recitals are incorporated herein as operative provi s ions h ere f a s th ough more fully set forth herein. A t t a C h m e n t 1 2. Englewood Property Acquisition and Conveyance. TPL will acquire all of the real property described in Exhibit A from its cun-ent owner for the total sum of $730,000 .00. The funds to be used by TPL to acquire the Prope1iy are as follows: $109,500 .00 from the City of Littleton; $187,500.00 from the City of Englewood; $250,000.00 from a grant made by Arapahoe County to the City of Englewood; $136,000.00 from Arapahoe County and $47,000.00 from South Suburban Parks and Recreation District. Upon the placement into escrow with First American Heritage Title Company of all of said funds and other related documents, TPL shall sell and convey the Englewood Property to the CITY. The CITY agrees to acquire the Englewood Property and TPL agrees to convey the Englewood Property to the City as set forth above and subject to the conditions set forth below. 3. Contingencies. TPL's obligation to convey the Englewood Property to the CITY, and the CITY'S obligation to acquire the Englewood Property are contingent upon the following conditions: a Acquisition of the Property by TPL from its current owner. b. Full funding of the transaction as set forth in Paragraph 2 above. c. The CITY engaging in the following process: 1. Presenting Ordinance to purchase and lease back the Property to City Council. Ordinance process requires an affirmative vote in two readings and a referendum period of thirty days. 4. No Personal Property. 111e parties aclmowled ge that no p ersonal property is being acquired and that no personal property is located on .the E nglewood Property being transferred, e x cept as may b e agree d to b etween the CITY and the current owner of th e Propert y. 5. Ri sk of Loss for Dama ge to Improvem ents. TPL or its predecessor shall be responsible for the risk of loss prior to close of escrow. 6 . Dee d. TPL shall transfer title to the Englewood Property by Special Warranty Deed fro m TPL to the CITY. Titl e shall be transferred free and clear of all liens and encumbrances and subject to t h ose matters identified on Exhibit D attached hereto. Th e Special Warranty Deed shall be in the form of Exhibit E attached hereto. 7. Payment and Prorations. All of the funds identified in Paragraph 2 above shall be in escrow prior to and as a condition precede nt to Closing. The date of closing shall be used for proration of property taxes and other similar costs, if any. Federal taxes for the year of closing (based on the tax es for the calendar year inunediately preceding closing), and pursuant to Sections 39-3 -131 and 39-3-133 C .R .S ., shall be paid to the Arapahoe County Treasurer by TPL or its predecessor in interest. The CITY is a political subdivision of the State of Colorado organized pursuant and, therefore, is exempt from taxes. 8. Possession and Closing. Possession shall be given to the CITY on the date of closing. Closing shall be on or before September 30, 2007, or such other date as the pru.ties shall mutually agree to in writing. 9. Water Rights. Water rights for the Englewood Property owned by TPL, if any, are transferred hereby to CITY. 10. Environmental Representations. TPL hereby represents that, to the best of TPL's actual, specific knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Englewood Property with the exception of those matters set forth and referenced in that certain Phase I Environmental Site Assessment for the Property conducted by CTL Thompson, dated February 5, 2007, which assessment the CITY has reviewed. 11. No Leases. TPL represents that there are no oral or written leases on all or any portion of the Englewood Property at this time, but the parties anticipate TPL entering into a Lease Agreement attached as Exhibit F hereto. Pursuant to the terms of that Lease, the recommended remediation of stained soils referenced in the Phase I Environmental Assessment in Paragraph 10 above, shall be performed by the Lessee, who is the current landowner, on or before that date on which the Le ase expires. 12. Closing C os ts. T h e pa.iii.es sh al l split th e costs of the escrow company, except that the CITY shall pay for the cost of its title insurance policy, should it choose to obtain such a policy on U1e Englewood Property. Real prope1ty taxes on the Englewood Property shall be prorated as of the date of Closing. 13. Rese n 1 ation of E asement. The TPL shall reserve ru.1 access easement across Parcel A , as described on attached Exhibit C, for the benefit and use of the owner of Parcel B. 14 . Reme di es. If either party should default in their obligations set fmth herein, the nondefaulting pru.ty shall have the right of specific perfonnru.1ce against the defaulting paity, in addition to any other rights under the law or in equity. 3 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date of the last signature set forth below. THE TRUST FOR PUBLIC LAND By: ___________ _ Name:----------- Title:------------ Date: ------------ Title: _N,_A_Yt....:;'()..:.../:.._-=-------- Date: _ii_~-.Lj.::.......'tJ1~---- 4 .:· ... ··: ·_.., .... I, '• .: •• ,,•'~. LEGAL DESCRIPTION: EXHIBIT A Property Description A parcel ofland located in the SE Y.i, Section 8 and the SW Yi, Section 9, Township 5 South, Range 68 West, 6th P.M. in the Cities of Englewood and Littleton, Arapahoe County, Colorado, more particularly described as follows: Commencing at the SE corner of said Section 8; Thence N0°01 '20"W along the east line of said SE Y.i, a distance of 804.00 feet to the northeast corner of Riverdale Subdivision Filing No. 1 as platted in the records of said County at Reception Number A5135038, which is the Point of Begimtlng; Thence N26° 11 'OO"W along the north line of said subdivision, 24 7. 06 feet to the southern point of a 50 square foot exception parcel as described in Deed recorded December 9, 1996 at Reception Number A6154992; Thence N0°04' OO"E along the east line of said exception parcel, 16 .97 feet to a non-tangent, 1604.40-foot radius curve being the easterly right-of-way line of the U.S. Arn.1y Corps of Engineers floodway channel for the South Platte River as shown on the Platte River Channel hnprovement Map byth_e U.S. Army Corp of Engineers, Drawing No. PCCI-40E-4.l, dated January, 1969; Thence northeasterly along said 1604.40-foot radius curve (from which the center bears N3 9° 52 '5 S"W) concave northwesterly through a central angle of 24 °23 '0 l ", a distance of 682.79 feet to the east line of the parcel as set forth in Decree recorded August 24, 1987 in Book 5244 at Page 97; Thence along last said east line through the following three courses; 1) S8°l6'56"E, 374.48 feet to a ·tangent, 155 .19-foot radius curve; 2) Southwesterly aiong said 155.19-foot radius curve concave northwesterly through a central angle of 114 °18 '00", a distance of 309 .59 feet; 3) N73°58 '56"W, 171.82 feet to said e~st line of the SE Y.i;. Th en c e S0°0l '2 0"E a lon g said east line of the SE Y.i, a distance of 278 .53 feet to the P oint of Beginning. B as is of B earin gs The east line, SE :/.i, Section: 8 b ears N 0 °0 1 '20"W per Riverdale Subdivision Filing No . 1 as platted in. the records of Arapah oe County, Co lorado at Reception Number A5135038 . Pl IJ' 'HA AC,RE EMENT .: :,.··.·. ............ ··-·-· , .... _ .•. · .•. ··=.-.• ··· EXHIJ3JT B Englewood Prop rly I) . ·rlptlou Parcel B: Parcel of land lying in Section 9, Township 5 South, I r ~e , West of the 6'11 Principal Meridian, County of Arapahoe, State o f I r d , de rib d as follo ws : All of that portion ofreal prope1ty in sa id ·cti, n I yin uthcasterly of the Easterly line of the Platte River Rechannelization as shown n th e l 1l11ll c Ri vcr hwmel Improvement Map by the U.S. Anny Corp of Engin eers, rawing N . r 1-40E-4. l, dated January, 1969, to the centerline of the South Platte Riv er as ex istin in tob er, 1985, the bounda1y is more particularly described as follows: Beginning at the Southwest corner of s id cc ti n ; Thence North 00°17'22" East along the We t line of cc ti on 9, a distance of 1103.85 feet to a point in the center of the South Platter River n cxi ting in October, 1985, said point being the True Point of Beginning; Thence North 00°17'32" East along the West line o f Section 9, a distance of 60 .00 feet to the Easterly line of the Platte River Rechann eliz ti on ns shown on the above mentioned Anny · Corp of Engineers drawing; Thence along a curve to the left, sai d urv h ving a central angle of 19°06'2 l ", a radius of 1604.40 feet, an arc length of 535 .00 fc t, a hord length of 532.35 feet, and a chord bearing North 35°35'56" East to a p int in th e nter fthe South Platte River as existing in October, 1985; Thence following th e ccnt crlin following three courses and di tw1 uth Platt e River as existing in October, 1985 , the a. f 74.49 feet; b . I ' "Wet; C. '14" W st , u distance of 171.82 feet to the True Point of B gin nin . ounty of Arapah 1 ····· ::· ..... ·" .. .. . .. · ....... . . ..... ·.· ...... ·. .... :·· .. EXHIBIT C Littleton Property Description Parcel A: A p01tion of the Southeast Y-t of Section 8, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado, b~ing more particularly described as follows: Beginning at the Southwest comer of the Southeast 1/.i of said Section 8 and considering the Southerly line of said Southeast Y-t to bear N01ih 89°41' 1 O" East with all bearings contained herein relative thereto; Thence Easterly along said Southerly line N01ih 89°41 '10" East 1326.07 feet; Thence departing said Southerly line N01ih 00°26'00" East, 40.00 feet West to the Southeast corner of Centem1ials Pride Subdivision, according to the recorded Plat thereof, County of Arapahoe, State of Colorado, and the Northerly right of way line of West Belleview A.venue; Thence Easterly along said Northerly right of way line North 89°41' 1 O" East, 608.40 feet; Thence departing said Northerly right of way line North 00°18'50" West, 10.00 feet to the approximate centerline of the South Platte River; Thence Northerly along said centerline North 19°42'10" West, 297.40 feet; Thence No.rth 12°56'.00" East, 379 .60 feet; Thence North 33°25'00" East, 359.40 feet;· Thence North 66°58'00" East, 217.30 feet; Thence South 79°31 '00" East, 203.40 feet; Thence South 26°11 '00" East, 9.93 feet to the proposed Easterly right of way line of the U.S. Army Corps of Engineers Flood way Chaim el for the South Platte River and the True Point of Begim1ing of this description; Thence N01iheasterly along said Easterly right of way line along a non-tangent curve to the left having a delta of 05°32'42", a radius of 1602.40 feet, an arc of 155 .08 feet and a long chord which bears North 49°08'39" East, 155.02 feet to the East line of said Southeast ~; Thence Southerly along said East line South 00°01 '20" East, 338.53 feet; Thence d e parting s aid East line No1th 26 °11 '00" West, 261.97 feet to the True Point of Begi1ming. Except the Westerly 50.00 square feet thereof, described as follows: Bcgi1ming at a point ofbegi1ming of the above described parcel; Thence N o1iheasterly along a 1602.40 feet radius curve having a curve of 7.64 feet; Th •nee uth 00°01 '20" East, 16 .89 feet; Then e N o rth 26°11 '00" West, 13.43 feet to the point ofbegi1ming. And ex pt a 1/8 interes t in the West 50 fee t of the South 50 feet of Parcel A above as l s r il I in eeds recorded in Book 5 884 at Page 229 and in Book 692 5 at Pag 119, unty o f A.rap hoe, t te of olorado . EXHIBIT D TO PURCHASE AGREEMENT Permitted Exceptions 1. Any facts , rights , interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by public records . 3. Discrepancies or conflicts in boundary lines, shortage in area or encroachments which a correct survey and inspection of the land would disclose and which are not shown by the public record. · 4 . Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or payable. 5. Tem1s, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23, 1996 at Reception No. 09117742. 6. Terms, conditions, provisions , agreements, easements and obligations contained in the Easement Agreement recorded April 23 , 1996 at Reception No. A6048722 . 7 . Terms, conditions, provisions , agreements , easements and obligations contained in the Drainage Easement Agreement recorded July 17, 1996 at Reception No. A60900862, and Amended and Restated Drainage Easement Agreement recorded February 20, 2004 at Reception No. B4031573. 8. Te1ms, conditions, provisions, agreements and obligations contained in a Tax Fee Res olution recorded July 31 , 200 3 at Re ception No . B3165064. 9. Real pro perty t axe s on the Englewood Pro perty shall be prorated as of the date of closing. 10. Terms, conditions, provisil'Jjs, ~·eements and obligations as set forth in that ce1tain Lease Agreement dated .:,/~~'? between The Trust for Public Land and Ron Koch. When recorded return to: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 EXHIBITE FORM OF SPECIAL WARRANTY DEED SPECIAL WARRANTY D-:fi9 THIS SPECIAL WARRANTY DEED, made this ~ay of ,M~007 between THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation, Grantor, and CITY OF ENGLEWOOD, a political s ubdivision of the State of Colorado, whose legal addre ss is 1000 Englewood Parkway, Englewood, CO 801 JO, Grantee . WITNESS, that the Grantee acknowledges the contributions of The Trust for Public Lands, in coordinating the acquisition of this property and working with the members of the South Platte Working Group in identifying it as appropriate for open space and the contributions of funding by the goverrunent entities of Arapahoe County, the City of Englewood, the City of Littleton and the South Suburban Parks and Recreation District for the preservation of and use of this property as open space; Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, that certain real property, together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, described as follows : See Exhibit A attached hereto and incorporated herein by this reference; Subject to the matters set forth in Exhibit B hereto and the easement reservat ion set forth in Exhibit A ; Together with the Grantor 's interest in and to all and singular hereditaments and appurtenances thereto b elong in g, or in anywise appertaining, the reversion and reversions , remainder and remainders, rents, issues and profits th er eof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the above-bargained premises; To have and to hold the said premises above bargained and described, with the appurtenances, WltO Grant ee, its successors and assigns forever. The Grantor shall warrant and forever defend the above-bargained premises in the qu iet and peaceable possession of the Grantee , its succ essors and assigns, against any, all and every person lawfully claiming the whole or any art ther eof through Grante r, but ag ainst no other, subject to prorated taxes for the ye ar 2007 and subsequent years, easem ents, encumb rances , matters ofrecord and such matters as an accurate surv ey o f the property would h av e reveal e d . IN WITNESS VlHEREOF, the Grantor h as execute d this dee d as of th e date fir st above set f01th . ST A TE OF NEW MEXICO ) ) ss. TY OF SANTA FE ) THE T RU ST FOR PUBLIC LAND, a no np rofit Ca lifomia publi c ben e fit corporation By ~~~~~~~~~~~~~~ P eter N . Iv es Regi onal CoW1 sel ACK NOWL EDGMENT Th foregoing instrument was acknowledged before me this ___ day of July, 2007, by Poter N . Ives, Regional ounsel, The Tiust for Public Land, a nonprofit California public benefit corporation, on heh If of aid corporation. My ommission expires: Not111 Puhli<' ·.-.: ,:, .... ,': .~.~ . · ...... ,: .· ... •, Englewood Property Descripti on Parcel B: Parcel of land lying in Section 9, Township 5 S outh, Range 68 West of the 6th P rincipal Meri dian, County of Arapahoe, St ate of Colorado, described as follows : All of that portion of r e al prope1ty in said Section 9 lying Southeasterly of the Easterly line of the Platte River Rechannelization as shown on the Platte River Channel Improvement Map by the U.S. Army Corp of Engineers, Drawing No. PCC1-40E-4.l, dated January, 1969, to the centerline of the South Platte River as existiri.g in October, 1985, the boundary is more particularly described as follows: Beginning at the Southwest corner of said Section 9; Thence No1th 00°17'22" East along the West line of Section 9, a distance of 1103.85 feet to a point in the center of the South Platter River as existing in October, 1985, said point being the True Point of Beginning; · Th;nce North 00°17'32" East al ong the West line of Section 9, a distance of 60 .00 feet to the Eas terly line of t4e Platte River Rechannelization as shown on the above mentioned Army · Corp of Engineers drawing; . Thence along a curve to the left, said curve having a central angle of 19°06'21 ", a radius of 1604.40 feet, an arc length of 535.00 feet, a chord length of 532.35 feet, and a chord bearing No1th 35°3 5 '56" East to a point ~n the center of the South Platte River as existing in October, 19 85; Th en ce following the c ent erline of the South Pl atte River as existing in O c tober, 19 85 , the follo w ing th ree c ourses and di stances: a. South 07°58' 14" East, a ~istance of 374.49 feet; b. Thence along a curve to the right, said curve having a central angle of 114°15'00", a radius of 159 .3 4 feet, an arc lengthof309.75 feet, a chord length of260.75 foe::t, an<l. a chord bearing South 4.9°10 '5 0" West; c. Thence North 73°40' 14" West, a distance of 171.82 feet to the True Point of Begimring. Comity of Arapahoe, State of Colorado. E X H I 8 I T A p a g e 1 ,..._ ..... ~ . .,~~~~-· · 1~-==--0 -_-_-_-------z · -'-"' ... ~~:~~:::_j if/X;.:·\. ALTA/ACSM LAND TITLE SURVEY OXBOW LOCATED IN THE SE J/4, SECTION 8 AND THE SW 1/4, SECTION 9, T .5 S., R. 68W. OF THE 6TH P.M .. CITY (!F !-11TLETON, COUNTY OF ARAPAHOE, COLORADO ·. ' ' ... f' ' .. ~..I~~~.;;.~~,'fft"J" ' ,.. ' .. ·•., ' .. .~ ~UT . .._ \. ~ '">" ' ieaqn..-. '....._.>-c;., ..... " ' ·'" ----~~ ~)· ' ', ~\.-;. ~ ... .._,,;~ {, ' ~ .... 01 ··~:r .< .. ~~' ' ~ ... J \ -., ... ~, ' ~ -, . -·...i .' . I.. '""'-"' ' '\'.!,. •-=ca.• ... "So~ _{),.,. '''--' ' '\: • 0 c&S1•r-~.,:o,-,-... ., .... .-... c,_:.., -;.s ;.1'"'!', ,· ~' ' •• • S.•t•·.,.••tl>" .... ... '·:;~;-{-,~ /~::,, ~r~:-~~:~~ ,·., \ ' ' . ~ ,Q.';•·.. •.• ' ·, ' ..p/'2,._ ~Y; ·; £~-~ '~ ·, '-?- "'' , .~ --·r· /' , ii.~-·· ··t,j.~ ... ·· Ii ', , ;"1',), .-. ·\:._ .. , ' ' tfo~I .. -..., ·~ :'·• :;:,:. y: . .,,=;:-, ··,)'~ '., : ,' ~ . ··-•· · ~ · '-· ,. .. 1,·u ·or .,'1-";fr /. • • • '-I xR-IIX<IO° .. . ', / '".-z.,:.---..... ~-:"/ \'.\<{u +---z ::-, _ -:\;-~ ""-,:,s,~i' ~;:~:~:;~lAi(----__ , .... ,:-,,.. ... \ ,i~,,,;f :)'Jlfflifillli..§i{~f!' -I , . ':::::::::::::::, .. ,, . .,~./ ,..,,u,· ,_,.,.,.. -.r:c•-•e ~ ~ ... ,___ 0 Al.T'\.',\l'SM l .l\l .. 11111tJ:$UC.\~l- C'l ll. lN.JW 1(111~.,(t,: 1JA11::oc.,ut11:11::1.3ni 5111 :l rr::or-i ~ =-:~~ N (1) '° p., 'U )> -t-m-IXIQ ,, I: I! EXHIBIT B TO DEED Permitted Exceptions 1. Any facts, rights, interests or claims which are not shown by the public records but which could be asce1tained by an inspection of the land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by public records. 3. Discrepancies or conflicts in boundary lines, sho1tage in area or encroachments which a correct survey and inspection of the land would disclose and which are not shown by the public record . 4. Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or payable. 5. Terms, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23, 1996 at Reception No. 09117742 . 6 . Terms, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23, 1996 at Reception No. A6048722. 7. Terms, conditions, provisions, agreements, easements and obligations contained in the Drainage Easement Agreement recorded July 17, 1996 at Reception No. A60900862, and Amended and Restated Drainage Easement Agreement recorded February 20, 2004 at Reception No . B4031573. 8 . Terms, conditions, provisions, agreements and obligations contained in a Tax Fee Resolution recorded July 31, 2003 at Reception No. B3165064. 9. Real property taxes on the Englewood Property shall be prorated as of the date of closing. 10 . Terms, conditions, provisi~ a~·eements and obligations as set f011h in that ce1tain Lease Agreement dated 7:/ J-b~7 between The Trust for Public Land and Ron Koch. i I : ,! I j I : ' I I I EXHIBIT F BUSWESS LEASE This Lease, dated ~ , 2007, is between The Trust for Public Land, a California nonprofit pu c corporation, hereinafter referred to as Lessor, and Ronald Koch, hereinafter refetT a to as Lessee. I . Description. In consideration of the p ayment of the rent and the performance of the covenants and agreements by the Lessee set forth herein, the Lessor does hereby lease to the Lessee the prope1ty situated in Arapahoe County, State of Colorado, specifically described on attached Exhibit A (the "Property"). 2 . Term. The term of this Lease shall be for a period of three (3) years from the date it is executed with two (2) one-year (I-year) extensions. The parties may extend the Lease for these additional periods on mutual written agreement at least sixty (60) days before the last day of any existing lease period. . 3 . Rent. The rent for the term hereof shall be a nominal amount of Ten Dollars ($10.00) per year payable upon the execution of this Lease and annually thereafter; provided, however, that if Lessor does not assign the Lease to the City of Englewood within sixty ( 60) days of its execution, then the parties shall renegotiate the rental amount to equal the fair market rental value of the property, if any. 4. Property Maintenance. Lessee shall maintain the Prope1ty as an open and unimproved property; provided, however, that Lessee shall be permitted to continue the existing use of the property for the storage of landscaping materials and the temporary parking of vehicles associated with that use. Lessee shall be responsible for the reasonable maintenance and repair of the Property during the term of the L eas e ; and the removal of downed limbs, cutting of small diameter trees (under 6 in ches ) as well as clea ring and g eneral maintenance. Such cutting and removal shall occur at least two (2) tim es each y ear at s uch intervals and times as is determined in Lessee's sole reasonable discretion. This maintenance provision shall not exclude the Lessee from compliance w ith any provision of the Englewood Municipal Code, Fed eral or State Statutes an d Regulations. 5. Use s . During t he term of th is Lease, t h e prope1ty s h a ll be used only for its c u rrent use in conj un ction w ith t h e Les sor's land scap ing business and sh a ll remain o p en , unimproved property. No storage u se sha ll be mad e on the pro p erty except as incidental to th e operation of th e existi ng b usiness as noted above. D uring t he term of this Lease a nd any extensions thereof, Lessee sh all make no c h anges in the paved area or pennanent structures currently located on th e prope1ty. -1- 6. Assignability. The parties agree that thi s Lease and any and all rights granted under tho s e documents shall not be transferable or assignable by Lessee at any time . Notwithstanding the above, upon Lessee's death or medically ce1tifiable incapacitation, all of his title and interest in this Lease may be undertaken by his heirs and/or personal representatives. Such transfer shall not be considered an assignment. Lessor may freely assign this Lease to the City of Englewood. 7 . Condition at Termination of Lease. The parties agree that at the conclusion of Lessee 's use of t he Prope1ty at the end of the term or any extension thereof, Lessee shall leave the Property in the same condition as at the beginning of the Lease; provided, however, that the Lessee shall remove the stained soils from the site which are referenced in that Phase I Environmental Assessment dated February 5, 2007 by CTL Thompson as Project No. DN42.557-200 and remediate any other environmental conditions caused by the Lessee, Lessee shall leave the property in the same condition regarding toxic hazards or environmental pollution as on the date of the execution of this Lease, with the understanding that removal or change to any asphalt or rockbed, as is currently in existence, shall be the sole responsibility of the Lessor. Lessee agrees, at his sole expense, (i) to revegetate the Property to minimize erosion using drought tolerant grasses watered until they are established; (ii) to reasonably remediate any unusual or destructive environmental conditions caused by Lessee, his employees, agents , contractors, or invitees; and (iii) to remove all personal property, vehicles , equipment, or other improvement s placed on the Property by Lessee. 8. Liability-Indemnification Of Lessor. Lessor, and its successors and assigns, shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whomsoever may at any time be using or occupying or visiting the Property or be in, on, or about the same, whether such loss , injury, death, or damage shall be caused by or in any way result from or a rise out of any act, omission, or negligence of Lessee or Lessee's employees , a ge nts, invitees, contractors, or other persons associated with Lessee. Lessee sh a ll indemnify Lessor against all c laims, liability, los s or damag e w hatso eve r o n account of any s uch loss , injury, death, or dam age . Lessee h er e by waives a ll claims against Lessor of damages to improvements th at are now on or hereafter placed or built on the Prope1ty and to the property of Lessee in, on, or about the Prope11y, and for injuries to persons or property in or about the Property, fro m any cause arisi ng at any time, except th ose caused by the negl igence or omissions of the Lessor, its agents, employees an d contractors . Lessee fu1ther ind emnifies Lessor again st a ll c lai m s, li a bili ty, loss or d a m age w hatsoever on account ofany breach of this Lease by L essee, includin g without limitation any violation of Lessee's obligations un d e r Secti o ns 10 and 11 hereof. 9 . In s uran ce. Lessee shall maintain in effect throughout the ten11 of this Lease persona l injury liability insurance covering t he Prope1ty and its appu1tenances a n d property damage liabi l ity insurance in an amount not less than the liability limit e tablished by state statutes for local governmental bodies . Such insurance shall -2- specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by Jaw, including without limitation any liability for spilling, releasing or disposing of hazardous substances, hazardous waste, hazardous air pollutants or pollutants and contaminants, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for Lessor and Lessee . Lessee shall maintain property damage liability insurance in the following amounts : .Tvpe Worker's Compensation Employers' Liability Comprehensive General Liability Including blanket contractual Pollution Legal Liability Automotive Liability Bodily Injury Limits $ Statutory $1,000 ,000/occurrence $1,000,000/occurrence $1,000,000/aggregate liability $1,000,000/occurrence $1,000 ,000/aggregate $1,000 ,000/person $1 ,000 ,000/occurence Lessee shall furnish to Lessor, within ten ( 10) days following the execution of this Agreement, a copy of each of the foregoing policies of insurance or a certificate of insurance showing the amounts of coverage set forth above . Lessee shall give at least thirty (30) days' notice to Lessor prior to cancellation, expiration or modification of any of the above-referenced insurance coverage. 10. Environmental. Lessee shall not use, store, manufacture, spill , release or dispose of, or in any manner bring upon the Property, any hazardous or toxic substances, hazardous constituents, pollutants or petroleum (including crude oil or any fraction thereof), including hazardous or toxic substances, hazardous waste, hazardous air poll utants, or pollutants and contaminants as such terms are defined in t he Comprehensive Environmental Response, Compensation and Liability Act ( 42 U .S .C . § 9601, et seq .); the Resource Conservation and Recovery Act (42 U.S .C. § 6901 et seq.); the Federal Water Pollution Control Act ("Clean Water Act" or "CWA") 33 U .S .C. § 1251, et seq.; and the Clean Air Act ("CAA") 42 U.S .C. § 7401, et seq. Notwithstanding the forgoing, operable automobiles, trucks, tractors and equipment containing gasoline and motor oil in their engines and associated tanks, and gasoline in containers not exceeding five gallons, may be stored on the Property to the extent consistent with Lessee's landscaping business. -3- 11 . Compliance With Laws. Lessee shall obtain any and all government approvals required for Les see 's intended use and occupancy of the Property . Lessee shall promptly comply with all laws, ordinances, rules, regulations, requirements, orders and directives of the federal, state, or local governments and of all their departments, agencies , bureaus and subdivisions, applicable to and affecting L e ssee's use and occupancy of the Property. Lessee shall correct and abate all nuisan ces , violations or other grievances in, upon or connected with the Property . If any federal, state or local governmental authority, having jurisdiction over the subject prope1ty, requires any improvements or corrective action be made to the Property as a result of Lessee's use of the subject property, Lessee shall be solely responsible for same. 12. Default. Lessee will observe and perform all conditions and agreements herein set forth to be observed and performed. If default be made by Lessee in payment of said rent, or if default in performance of other conditions and agreements be made by Lessee, and such non-monetary default shall continue for a period of ten days after written notice of such default provided by Lessor to Lessee, then in either case, in addition to any other remedy Lessor may have against Lessee, Lessor may terminate Lessee's right to possession under this Lease and to re-enter and repossess the Property and remove therefrom any personal property belonging to Lessee, without prejudice to any claim for rent or for the breach of covenants hereof. 13 . Miscellaneous . a) In the event of any dispute arising under the terms of this Lease, in the event of nonpayment of any sums arising under this Lease, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorney's fees as ordered by a court. b) Should any provision of this Lease violate any federal, state or local law or ordinance, that provis ion shall be deemed amended to so comply with suc h law or or dinance and shall be constru e d in a manner so as to comply . c) When used herein, the singu lar sha ll includ e t he p lu ra l, and t he use of any gender shall apply to both genders. d) All notices, demands, or other writings in this Lease provided to be given or made or sent, or which may be given or mad e or sent, by either party hereto to the other, shall be deemed to h ave been full y given or made or sent when made in writing an d deposited in t he Unit ed States mail, ce1tified, postage prepaid, and addressed as follows: -4- 1 ! ! I i ; Ii 11 I! LESSOR: The Trust for Public Land 1410 Grant Street #D2 l 0 Denver, CO 80203 Attn: Hillary Merritt With a copy to: Peter N . Ives The Trust for Public Land 1600 Lena Street; Bldg . C Santa Fe, NM 87505 LESSEE: Ronald Koch 7126 Pineview Dr. Littleton, CO 80125 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. · d) The waiver by Lessor or the failure of Lessor to take action with respect to any breach of any term, covenant, or condition herein contained, shall not be deemed to be a waiver of such term, covenant, or condition; subsequent breach of the same; or any other term, covenant, or condition. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of failure of Lessee to pay the paiticular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. e) This Lease shall be binding on the pmties, their personal representatives, successors and assigns . -5- , J : . i ' I ' i i ' 1 I f) The parties acknowledge and stipulate that Lessor contemplates and intends to assign all of its rights, title and obligations under this Lease to the City of Englewood, City of Littleton and South Suburban Park and Recreation District. The parties stipulate and agree that Lessor may so assign its interests. g) Lessor shall have the right at any reasonable time upon telephone notice to Lessee to enter upon and inspect the Property to confinn compliance by Lessee of the terms hereof. Additionally, Lessor shall have such right without disturbing Lessee's regular business to enter the prope,iy for the purposes of surveying the property for future use. LESSOR: LESSEE: THE TRUST FOR PUBLIC LAND RONALD KOCH -6- l ) i I I ' ' : ,, ' ' ' I I i ! ' ' I I i I I E X H .. ' .. ····:., ... , .... ·.. .·-:·,·.:·:·. ··.· .... ·::· ... ·: .. · ., ...... :··· ........ ··.::· ........ ,.·.···: ~ Parcel B: EXHIBIT TO LEASE Englewood Property Description Parcel of land lying in Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, d e scribed as follows: All of that pmi:ion ofreal prope1ty in said Section 9 lying Southeasterly of the Easterly line of the Platte River Rechannelization as shown on the Platte River Channel Irnprovement Map by the U.S. Anny Corp of Engineers, Drawing ~o. PCC1-40E-4.l, dated Januaiy, 1969, to the centerline of the South Platte River as existing in October, 1985, the bom1daiy is more particularly described as follows: Beginning at the Southwest comer of said Section 9; Thence North 00°17'22" East along the West line of Section 9, a distance of 1103 .85 feet to a point in the center of the South Platter River as existing in Octo~er, 1985, said point being the True Point of Beginning; Thence North 00°17'32" East along the West line of Section 9, a distance of 60.00 feet to the Easterly line of the Platte River Rechannelization as shown on the above mentioned Aimy · Corp of Engineers drawing; . · · · Thence along a curve to the left, said curve having a central a11gle of 19°06'21", a radius of 1604.40 feet, an arc length of 535.00 feet, a chord length of 532.35 feet, and a chord b~aring North 35°35' 56" East to a point ~n the center of the South Platte River as existing in October, 198_5; Thence following the centerline of the South Platte River as existing in October, 1985, the following thrne courses and distances: a. S outl~ 07°5 8'14" East, a ~istance o f37 4.4 9 feet ; b . Thence along a c.;urve Lo lbt: right, said curve h aving a cenlral angle of 114°15 '00", a radiu s of 159 .34 feet, an arc length of309.75 feet, a chord length of 260.75 feet, and a chord bearing South 4.9°10'50" West; c. Thence North 73°40 ' 14" West, a distance of 171 .82 feet to the Tme Point of Begimring. Co1mty of Arapah oe, State of Colorado. I T A p a g e 1 ' l l; qi Ptt I -1 . J 1 E XHIB1T TO LEASE IN. • l: • I I I I i · t e X H I 8 I T A p a g e 2 ' ' 11 II Ii II . I spoke with Bob Atherton and he confirmed that a new conditions coverage policy from AIG has a $10,000 minimum annual premium and a $25 ,000 deductible. A policy excluding existing conditions may run $3 ,500-$5 ,000 annually with a lower deductible, but these policies may require cleanup before the policy is issued and won't cover stained soil cleanup later on. I i ! ' I i i I ' I : I I I i I lni C L 1TH ,fl.liPS'O 1 PHASE I ENVIRONMENT AL SITE ASSESSMENT OX BOW SITE NORTH OF BELLEVIEW AVENUE AND ZUNI STREET LITTLETON/ENGLEWOOD , COLORADO "i i w, ... 1 :•.,1 A n11 I n•1ll 1 r:· lw :i fr , • l () 1 j 1, I 01 ,, Prepared for: TRUST FOR PUBLIC LAND 1410 Grant Street Su ite 0 2 10 Denver, Colorado 80203 Attention: Ms . Hi ll ary Merritt Project No . DN42,577-200 February 5, 2007 ---~------........ -'===~="------ TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................. i 1.0 INTRODUCTION ................................................................................................. 1 1 .1 Purpose .......................................................................................................... 1 1.2 Scope of Services .......................................................................................... 2 1 .3 Li111itations ..................................................................................................... 2 2.0 SITE DESCRIPTION AND LOCATION ............................................................... 3 2 .1 Location and Legal Description .................................................................... 3 2.2 General Description of Site and Improvements .......................................... 3 2.3 General Site Selting ....................................................................................... 4 2.4 General Uses of Adjoining Properties . .' ........................................................ 4 3 .0 USER PROVIDED INFORMATION ..................................................................... 4 3 .1 Title Records .................................................................................................. 4 3.2 Environmental Liens ..................................................................................... 5 3 .3 Activity and Use Limitations ................................... , ..................................... 5 3 .4 Specialized Knowledge ................................................................................. 5 3.5 Valuation Reduction for Environmental Issues ........................................... 5 3.6 Commonly Known or Reasonably Ascertainable Information ................... 6 3 .7 Owner, Site Manager, and Occupant Information ....................................... 6 3.8 Reason for Pe1iorming a Phase I ESA ......................................................... 6 3 .9 Previous Environmental Assessments ........................................................ 6 4.0 RECORDS REVIEW ........................................................................................... 6 4 .1 Physiography ................................................................................................. 6 4.2 Geology and Soils ......................................................................................... 7 4.3 Ground Water ................................................................................................. 7 4 .4 Flood Zones ................................................................................................... 8 4 .5 Wetlands ........................................................................................................ 8 4 .6 Radon ............................................................................................................. 8 4 . 7 Water Wells .................................................................................................... 8 4 .8 Oil/Gas Wells .................................................................................................. 9 4.9 Physical Setting Analysis of Migration of Hazardous/P etroleum Substances .................................................................................................. 9 5.0 HISTORICAL USE INFORMATION .................................................................. 10 5 .1 Historical Aerial Photographs and Topographic Maps ............................. 10 5.2 Sanborn Fire Insurance Maps ..................................................................... 11 5.3 Historical City Directories ........................................................................... 11 5.4 Building Depa1iment Results ...................................................................... 12 5.5 Assessor Records ....................................................................................... 12 5.6 Zoning/Land Use Records .......................................................................... 12 6.0 REGULATORY AGENCY RECORDS ............................................................... 12 6 .1 Sum1nary of Findings .................................................................................. 12 6.2 Detailed Discussion of Flndings ................................................................. 14 6. 2.1 Colorado Voluntary Cleanup List (VCL) ................................................. 14 6.2 .2 Solid Wasta .............................................................................................. 15 TRUST FOR PUB LI C LANO PHASEIESA OX BOW SITE PROJECT NO ON42 .S77•200 b ll'ROJ(C fSl0N42U 7 000120012 R po1t1 1R1 •01442H7 OO ·RI OOL ' --~ 6.2.3 6.2.4 6.2.5 6.2.6 Leaking Underground Storage Tanks (LUST) ........................................ 16 Registered Tank (UST/AS7J Facilities .................................................... 18 Spills (ERNS) ............................................................................................ 18 RCRA Generators .................................................................................... 19 6.3 Local Gover111nent Reco r ds ........................................................................ 19 7 .0 SITE RECONNAISSANCE ................................................................................ 2 0 7 .1 Methodology and Limiting Conditions ....................................................... 20 7 .2 Description of Site St ructures and Roads ................................................. 20 7.3 Site Observations ........................................................................................ 20 7.3 .1 Hazardous Material/Petroleum Product Storage ................................... 21 7.3 .2 Solid Waste .............................................................................................. 22 7. 3. 3 Stained Soil .............................................................................................. 22 7.3.4 Stockpiles of Soil/Debri s ................... .' ..................................................... 23 7.3 .5 Sutface Water/Wetland Areas ................................................................. 23 7.3.6 Vehicle Maintenance Areas ..................................................................... 23 7 .4 Review of Adjacent Proper ties ................................................................... 24 8.0 INTERVIEWS .................................................................................................... 25 8 .1 Owner, Site Manager and/or Occup ants .................................................... 25 9 .0 DEVIATIONS .................................................................................................... 25 9 .1 Exceptions and Deletions ........................................................................... 25 9 .2 Data Gaps ..................................................................................................... 25 1 0 .0 FINDINGS AND OPINION ................................................................................. 2 6 10 .1 Summary of Site Hist orical Use .................................................................. 26 10 .2 Petroleum Product Storage Area ................................................................ 26 10.3 Nearby Environmental Concerns ............................................................... 27 11 .0 CONCLUSIONS AND RECOMMENDATIONS ................................................. 27 1 2 .0 QUALIFICATIONS ............................................................................................ 28 R EFE RE NCES FIGURE 1 -TO POG RAPHI C AR EA M AP FIGURE 2 -SITE PLAN APPENDIX A -SITE PHOTOGRAPHS APPENDIX B -AERIAL PHOTOGRAPH APPENDIX C -SAT ISF I RE PORT APPENDIX D -OWNER QUESTIONNAIRE APPENDIX E -RESUMES TRUST FOR PUBLIC LAND PHASEIESA OX BOW SITE PROJECT NO. ON42 .577-200 $ PR0J£CTS10N4 S71000\20012 R po1tl\R1 \0t.UU l•700 •RI d O< 1· I , I I . i I EXECUTIVE SUMMARY This report presents the results of the Phase I Environmental Site Assessment (ESA) that was pertormed by CTL I 1 hompson, Inc. fo r the Ox Bow site. The site is located north of the intersection of Belleview Avenue and Zuni Street in Littleton and Englewood , Colorado. The Phase I ESA was conducted in general conformance with the methods and procedures described in the American Society for Testing and Materials (ASTM) E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The site is currently utilized as a maintenance and storage area for a la'ndscaping company, and has been in use for this purpose since approximately the rnid -1990s. The site has historically been vacant land located on the banks of the South Platte River. The South Platte River was re-channelized in the 1980s , resulting in an ox bow with wetland areas present in the sou t hern and eastern portions of the site. We did not find evidence of a recognized environmental condition in connection with the site. We did observe stained soil located in the area where used motor oil is stored. We recommend that this stained soil be removed from the site and properly disposed of. Waste oil handling practices should be i mproved . At a m i n i mum , oil d r ums and othe r c o nt ai ners s houl d b e s to r ed o n hard surtaces, preferably bermed or otherwise secondarily contained . This executive summary does not contain all the information that is found in the full report. The report should be read in its entirety to obtain a m o re complet e understanding of the in fo rmation provided, and t o aid in any decision s made or actions taken based on this information. TRUST FOR PUBLIC LANO PHASEIESA OX BOW SITC PROJECT N O ONO ,S71-200 S PROJ CTS0DN42l11 1 r h Ill N4: 7;. 1 O<>C !I I I' I ,, I 'I II I 1.0 INTRODUCTION This report was prepared by CTL I Thompson, Inc. (CTL I T) for the Trust for Public Land and presents the results of the Phase I Environmental Site Assessment (ESA) for the Ox Bow site. The site is located north of the intersection of Belleview Avenue and Zuni Street in Littleton and Englewood, Colorado. The Phase I ESA was conducted in general accordance with CTL I T's Proposal No. ON 07-0017 and subsequent authorization by Mr. Jason Corzine , dated January 12, 2007. We interpret that the signing of this proposal is also an agreement to our Limitation of Liability described in the General Conditions . 1.1 Purpose The purpose of the Phase I ESA was to identify Recognized Environmental Conditions (REC), to the extent feasible, pursuant to the methods and procedures described in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments, E 1527-05. A REC is defined as the presence or likely presence of hazardous substances or petroleum products on a site under conditions that indicate an existing release, a past release, or a material threat of a release of hazardous substances or petroleum products into structures on the site or into the ground, ground water, or surface water of the site. The term includes hazardous substances or petroleum products even under conditions in compliance with laws . The term is not intended to include de minimis condition s th at generally do not p r esent a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. TRUS1 FOR PUBLIC LI\NO PHASEIES A OX BOW SITE PROJECT NO DN42 ,577·200 S IPROJEC15\0N4 S77 ,000l100l2 R 11ortl\HI UN42H7• OO·RI do< 1 I' Ii I ' I i I I I I • I I I I I I I : ; i l I 1.2 Scope of Services The scope of services for this assessment consisted of a records review, a site reconnaissance, historical research, interviews, and documentation of findings in a report. 1.3 Limitations This Phase I ESA was prepared in general accordance with ASTM Standard E 1527 -05. There may be additional environmental issues present at the site that are outside the scope of this practice that includes, but are not limited to the following: • Asbestos-containing materials; • Radon; • Lead-based paint; • Lead in drinking water; • Cultural and historic resources; • Mold and fungi; • Industrial hygiene; • Indoor air quality; • Health & safety; • Ecological resources; • Endangered species; • Biological or infectious agents and pathogens; • Wetlands; • Jurisdictional waters of the U.S; • Regulatory compliance; • High voltage power lines; and, • Mine subsidence. CTL IT provided an opinion based upon the condition of the site on t h e day it was observed and a review of existing and reasonably ascertainable regulatory rec ords and historical information. Our scope did not include chemical testing of s oil , ground water, air, or building materials . Sampling and analys i s lead to a more reliable assessment of environmental conditions . The opinion, conclusions, and recommendations of this report are not Intended to be used or r elied upon by TRUST FOR PUSLIC LAND PHASEIESA OX BOW SITE PROJ CT NO . ON42 ,577·200 S IPR0JECTS10N•H77 000\20012 Roport11R1 10N•H77 ·200,fll doc 2 I II It Ii 1: l ' ' I I Ii ii a third party to this Agreement. With the written consent of our client, CTL I T may be available to contract with other parties to provide an opinion or conduct additional environmental assessment services. Due to latent conditions and other contingencies which may become evident in the future, the current assessment does not result in any guarantee the subject site is free and clear of hazardous materials. Should additional surface, subsurface or chemical data become available, the conclusions and recommendations contained in this report shall not be considered valid unless the data is reviewed and the conclusions of this report are modified or approved in writing by our firm . . We believe that this investigation was conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of the project. No warranty, express or implied, is made. 2.0 SITE DESCRIPTION AND LOCATION 2.1 Location and Legal Description The Ox Bow "site" is unaddressed and is located north of the intersection of Belleview Avenue and Zuni Street. The property is located in Littleton and Englewood, Colorado. The site is approximately 2 .82 acres in size. The site is legally described by metes and bounds as two tracts located in the southeast 1/. of Section 8 and the southwest 1/, of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian in Arapahoe County, Colorado. The site location and plan arc shown on Figure 1 (Area Map) and Figure 2 (Site Plan). 2.2 General Description of Site and Improvements The site is currently utilized by Ron Koch Landscaping as a maintenance area and storage yard. The site is surrounded on the south and east by an eight- foot high chain link fence . A dirt access road with a locking gate enters the TRUST FOR PUBLIC LAND PHASEIESA 0)( BOW SITE PR OJECT NO. ON42,577,200 PROJ Cl S1DN•U77 -Z10 R p <to1'11 \0N0t7!•200 ,RI doc 3 I I : l i . i ! I I i I I I I southwestern pot1ion of the site from a driveway at the adjacent FedEx warehouse. No permanent structures are present on the site; however, four storage sheds are present in the eastern and southeastern portions of the site. No other roads or structures are present on the site. 2.3 General Site Setting The site is located in a commercial and light industrial area near the South Platte River in Littleton and Englewood. 2.4 General Uses of Adjoining Properties The adjoining properties generally consist of vacant land, commercial and light industrial properties, and the South Platte River. Additional details regarding our observations of adjacent properties are presented in Section 7.4 of this report. 3.0 USER PROVIDED INFORMATION Ms. Hillary Merritt of the Trust for Public Land (TPL) provided a copy of an AL TA survey for the site, which was used lo produce Figure 2 (Site Plan). 3.1 Title Records TPL provided title documents for the site, prepared by First American Heritage Title Company. The documents were reviewed in an attempt to identify p ast owners and/or occupants of the site whose corporate names may suggest activities typically associated with the significant use, generation, storage, or disposal of hazardous material or petroleum products . No pertinent information was obtained from our review of the documents . Various easements for utilites were described In the documents . Evaluation of land, water. mineral , and other rights was not part of the scopo of this Phase I ESA. TRUST FO R PUBLIC LANO PHASEIES A OX BOW SITE PROJECT NO. ON42,577 •200 S IPH0JCCTS10N057l 000\lOO\J A p or1 1 N1 10NOl77 ,ZOO ,llt d 4 3.2 Environmental Liens An environmental lien is a charge, security, or encumbrance upon title to a prope11y to secure the payment of a cost, damage, debt, obligation, or duty arising out of response actions, cleanup, or other remediation of hazardous material or petroleum products upon a property. TPL was not aware of existing environmental liens on the site. 3.3 Activity and Use Limitations Environmental AULs are legal or physical restrictions or limitations on the use of, or access to, a site or facility to: 1) reduce or eliminate potential exposure to 'hazardous substances or petroleum products in the soil or ground water on the property, or 2) prevent activities that could interfere with the effectiveness of a response action, in order to ensure maintenance of a condition of no significant risk to public health or the environment. These legal or physical restrictions may include engineering controls, institutional controls, or land use restrictions. TPL was not aware of recorded environmental AULs related to the site, with the exception that the wetland areas present on the site need to be managed in accordance with state and federal regulations. 3.4 Specialized Knowledge TPL was not aware of specialized knowledge or experience related to previous environmental activities on the site. 3 .5 Valuation Reduction for Environmental Issues TPL was not aware of valuation reduction of the site because of environmental issues. TRUST FOR PUBLIC LANO PHASEIESA OX BOW SITE PROJECT NO. ON42 ,577 •200 S IPROJECTS\ON'25 77 .000\20012 Ropons\A1 1DN42577 ·200 ,R 1 doc 5 3.6 Commonly Known or Reasonably Ascertainable Information TPL was not aware of commonly known or reasonably ascertainable information regarding environmental issues related to the site . 3 .7 Owner, Site Manager, and Occupant Information TPL indicated that the site is currently owned by Mr. Ronald Koch. Mr. Koch has been familiar with the site since 1996 (see Section 8.1 ). Mr. Angel Mendia is the foreman with Ron Koch Landscaping. The site is currently occupied by a maintenance yard for Ron Koch Landscaping. 3.8 Reason for Performing a Phase I ESA TPL requested a Phase I ESA prior to acquisition of the site. 3.9 Previous Environmental Assessments TPL indicated that a Phase I ESA had been conducted for the site in the mid-1990s, however, a copy of this report was not available for our review . 4.0 RECORDS REVIEW CTL I T reviewed existing sources listed in the R E FERENCES section to assess the soils, geologic and hydrogeologic conditions of the general vicinity of the site. 4.1 Physiography The site is localed on the banks of the South Platte River, as presented on the topographic map (Figure 1 ). The site is located within an ox bow formed by the former alignment of the South Platte River channel. Due to this feature, the site itself is a topographic high point which slopes down toward the South Platte TRUST FOR PUBLIC LAND PHASE I ESA OX BOW SITE PROJECT NO. DN42 ,577-200 S \PROJECT ION42H7 0001200'2 Reportt\RI\ON0577 ·200 ,RI doc 6 I 1, i l i ! . . I I I ! I I I I River to the northwest of the site and toward the ox bow and associated wetland areas in the eastern and southern portions of the sit e . The elevation of the site ranges from approximately 5300 to 5310 feet above mean sea level. The predominant surface water feature in the vicinity of the site is the South Platte River, which is located approximately 50 feet northwest of the site and generally flows toward the north-northeast through the area of the site . 4 .2 Geology and Soils A review of geologic maps indicates that the site is situated on the Post- Piney Creek and Piney Creek Alluvium, which consist primarily of gravel, sand, silt, and clay of modern stream flood plains and terraces less than 20 feet above stream level. The United States Depa r tment of Agricul t ure Soil Survey of Arapahoe County, Colorado indicates that soils at the site consist of the Edgewater Loam , comprised primarily of very gravelly s a n d w ith lesser amounts of sandy and clay loams. 4.3 Ground Water It is our experience that the flow direction of shallow, unconfined ground water is generally controlled by topography and can be influenced by the prese nce of nearby surface water featu re s . Based on topography, the presen ce of the nearb y South Pl atte R iver, and our review of documents related to underground storage tank leaks in th e area e ast of the s ite, we es timate th e gene r al direction of ground water flow below the site is to the northwest. Topograph ic dat a suggests are as up-gradient of the site are generally to the s outh east. Gro u n d water w as encountered at d e pth s o f app rox im ately 12 -13 f eet during environ menta l investigations in the areas to the southeast of the site. U .S. Geological Survey maps indicate that ground water in the vic i nity of the site is genera ll y located at a depth of approxi mate ly 5-10 feet. TRUST FOR PUBLIC LANO PHASEIE A OX BOW SITE PROJ CT NO. ON0,577 °200 S IPAOJ CTI D1+121TT OOO\ZOOU A <><11 A1I0,.42'7f.700 °RI do( 7 i I I I i I i • I I I I I i : ' I I I ' I I 4 .4 Flood Zones The no11hern portion of the site, near the South Platte River, is listed as being in a 100-year flood zone on the Federal Emergency Management Agency's Flood Insurance Rate Map and on the provided ALTA survey. Evaluation of site drainage and flooding hazards are beyond the scope of this Phase I ESA. 4.5 Wetlands We observed evidence of wetland vegetation in the eastern and southwestern portions of the site, within the ox bow formed by the former alignment of the South Platte River channel. These general areas are also indicated on the National Wetlands Inventory rnap and the ALTA survey of the site provided by TPL. We did not conduct a survey delineating wetland areas as part of this Phase I ESA. 4.6 Radon The Colorado Geological Survey Radon Study, published in 1991, reports average radon measurements by zip code and county. The site is located in zip code 80120, Arapahoe County, Colorado. The average reading for zip code 80120 is 8.77 pCi/L. Arapahoe County has an average reading of 7.68 pCi/L. The EPA recommends remediation of indoor air when predicted radon levels are above 4 pCi/L. Testing for radon was not conducted as part of this assessment. 4.7 Water Wells Water wells were identified through the Colorado Division of Water Resources onllne water well permit database. The database did not indicate the presence of permitted water supply or monitoring wells on the site. The database did indicate th e presence of monitoring wells located adjacent to the east of the site. These monitoring wells are permitted to the City of Littleton, and are likely TR UST FOR PUBLIC LANO PHASEIESA OX BOW SllE PROJE CT NO . ON4 2,517 •200 S IPAOJEC 1 5 10 N42 171 000\20012 Raponi RI\Ol,MH!J. OO ,A1 ooc 8 associated with an underground storage tank leak in the area east of the site. Facilities in this area are discussed in greater detail in Section 6.2 of this report. In addition to the monitoring wells, several domestic and irrigation wells are indicated in the database in the areas just east and west of the site. It is unknown whether these wells are currently operational. 4.8 Oil/Gas Wells Oil and gas wells were identified through the Colorado Oil and Gas Conservation Commission online database. The database did not indicate the presence of operating or abandoned oil/gas wells on the site. 4 .9 Physical Setting Analysis of Migration of Hazardous/Petroleum Substances The central portion of the site, in the center of the ox bow formed by the previous alignment of the river, forms a topographic high point on the site . A hypothetic spill of a hazardous or petroleum substance on the site would be expected to migrate along the ground surface following topography toward the nearest portion of the ox bow in the southern and eastern po1iions of the site, or toward the South Platte River to the northwest of the site. Regional topography generally slopes toward the west-northwest toward the South Platte River. Off. site surface spills on the adjoi ning parcels to the east and southeast appear to have the highest potential to mig r ate on-site. Based on local topography, we esti mate groun d wat er g ener ally flows to the w est-n o rthwest. Sou rces of contamination to ground water beneath the site would most likely be located to the east and southeast. TRUST FOR PUBLIC LANO PHASEIESA OX BOW SITE PROJECT NO. ON•2.577•200 PROJ C1SION42t7l 000110012 Roport• IION42171 00 -111 d 9 5.0 HISTORICAL USE INFORMATION 5.1 Historical Aerial Photographs and Topographic Maps Historical aerial photographs of the site and surrounding area were reviewed for 1948, 1954, 1964, 1974, 1984, 1995, 1999, 2002, and 2005; a copy of the 2002 photograph is presented in Appendix B. USGS topographic maps were reviewed for 1948, 1965 photorevised 1980, and 1965 revised 1994. A 1938/39 Cultural Feature Map was also reviewed. . An interpretation of the aerial photographs and maps is presented, as follows: • 1938-1954: The site is vacant with trees/shrubs present along the banks of the South Platte River. The river channel is present in the alignment of the current ox bow that is present on the site. The surrounding areas are predominantly vacant and agricultural land, with several residences present to the east and south of the site. Santa Fe Drive (U.S. Highway 85/87) is present to the east of the site. Belleview Avenue and the Littleton Sewage Treatment Plant are present in the 1954 aerial photograph. • 1964-1984: The site remains largely unchanged, with the South Platte River channel present in the ox bow on the site. The area to the east and southeast of the site is undergoing development for commercial and light industrial uses during this time period. The land nearby to the south and east of the site remains predominantly vacant, with some disturbed ground and soil stockpiles and several trailers and vehicles s.tored. The sewage treatment plant south of the site has been expanded. Commercial development is also ongoing to the west of the South Platte River. • 1994-1995: The South Platte River channel is now present in its current alignment, and the ox bow formed by the previous meander in the river is visible on the site. The site remains vacant with trees and shrubs present. The land just southeast of the site is predominantly a dirt lot with several vehicles stored and a small shed present. The sewage treatment plant to the south of tho site Is no longer present. • 1999-2005: The site appears to be utilized as a maintenance and storage area . Several vehicles, trailers, and piles of materials are visible on the site in the aerial photographs. Zuni Street south of the site is now present, and the FedEx warehouse southwest of the site has been constructed. Belleview Avenue and Santa Fe Drive have been expanded. TRUST FOR PUDLIC LANO PH ASEIES A OX BOW SITE PROJECT NO . OU42 ,577·200 1PA0JECTS101141t17 0001200'1 lltpot11 Al OS,7,100,111 d 10 5.2 Sanborn Fire Insurance Maps Sanborn fire insurance maps were a tool used by the fire insurance industry to evaluate property risk . The maps often show details of historic dwellings, commercial buildings, and factories, indicate property uses and addresses, and show locations of items such as wells, cisterns, and fuel storage tanks. Sanborn Fire Insurance Map coverage was not available for the site and surrounding area. 5.3 Historical City Directories Historical city directories were reviewed for listings on and adjacent the site from 1953 to 2005. The following address ranges were searched for the surrounding areas: 4700-5000 South Zuni Street; 4700 -5000 South Vallejo Street; 2100 -2400 West Chenango Avenue; and 2200 -2500 West Belleview Avenue. No listings were found for the South Zuni Street addresses. The remaining addresses reviewed were predominantly commercial or retail businesses. No listings were found prior to .1953 for all address ranges searched. The predominant use of the adjacent properties is commercial or retail. We believe for the majority of the adjacent properties, hazardous materials used or stored in connection with these types of businesses would be de minimis and not considered RECs for the site. Several properties identified during the directory search are also listed on our Regulatory Database Report and will be further discussed in Section 6.0 of this report. These properties include 2121 West Chenango Avenue (Littleton City Services), Red Bird Farms (4949 South Vallejo Street), and Littleton Sewage Treatment (2300 West Belleview Avenue). Several automotive shops were listed in the directories which were reviewed; however, due to their distance from the site we believe that it is unlikely that these would have had a significant impact on the site. TRUST FOR PUBLIC LANO PHASEIESA OX BOW SITE PROJECT NO . ON42 ,577,200 S \PR 0 JE CTSl0N•25 71 .000\200\2 Roporll\R 1\0N ,2S 71°1 00,R 1.doc 11 5 .4 Building Depa11ment Results Due lo the lack of permanent structures present on the site, building department records were not reviewed. 5.5 Assessor Records We reviewed Arapahoe County Assessor online files for the site. The propet1y is owned by Mr. Ronald Koch . No deed information is listed. There are no records of buildings. 5.6 Zoning/Land Use Records The site is currently zoned 1-1 Light Industrial by the City of Englewood and PDR Planned Development -Residential by the City of Littleton . 6.0 REGULATORY AGENCY RECORDS Regulatory agency records were provided by Satisfi, Inc.™ (Satisfi). The report, dated January 18, 2007, is presented in Appendix C. The search radii were extended by 0.14 mile to account for the size of the site. 6.1 Summary of Findings Table I presents a summary of the regulatory agency records findings provided by Satisfi. The findings presented in Table I are those that were determined to be topographically up -gradient and/or in near proximity to the site to warrant further discussion . All findings in the regulatory database are presented in the Satisfl report in Appendix C. The findings and their locations are listed by address along with a description of their distance and topographic location in relation to the site. TRUST FOR PUBLIC LANO PHASE I ES A OX B OW SI TE PROJECT NO. ON42 ,577 ·200 S IPROJECTSION0517.000120012 . R1p0t11 IR1\0N42S7 MOO•R 1 doc 12 Table I Summary of Selected Nearby Regulatory Agency Findings ,-___ _.. ..... Search Radius 1 \/,Mile \I, Mile Mile ::; :, ~ i=" I VI 0 rn e rn ::; :, c t:. u ::. 0 Distance and iij 2:. -" u VI C: en Estimated 0 t, .. ·E a. I- Findings Topographic VI :.J ., QI ci a. en i=" QI :, f! C: Location ::; QI° C: 0 rn ·5, Q. en .. en ~ C: ~ f! ., j::: w 0 u -0 rn iii t, en C: 2. e :.J rn ~ :, I-.. Q. ~ e VI c B -~ u C: ~ C: en -" ~ QI :, t C: 0 .9 E .. u iii f! a: io u. 0 2 -0 I-iij QI a: a: z > C: -0 z C: 0 ~ in 0 VI :, ~ C: a: QI ~ .. .2 iij u I-:J -0 ~ en 2 ~ <.!) :c C: ~ C: E .2 ~ ~ u ~ :ii: VI ,!§ <I; .. a: a: 0 ·;;, .:, a: QI io u u w 0 0 .. QI VI 'o.. u .s::. QI 0 z a: a: u u rn ..J 0:: E rn 0:: Llttleton Service Center -200 feet east X X 2121 West Chenango Ave . Up-gradient Red Bird Farms -250 feet southeast X X 4949 South Valleio Street Uo-aradient Hugh M. Woods -450 feet southeast X X X 4995 South Santa Fe Drive Up-Gradient BJCA Station -200 feet south X 4901 South Zuni Street Up-Gradient Littleton Sewage Treatment -500 feet south X 2307 West Belleview Ave . Up-Gradient Incident #759400 -700 feet south X Belleview Ave . and Zuni St. Up-Gradient Jiffy Lube -800 feet south X X X 5115 South Santa Fe Drive Up-Grad ient Baker Property -400 feet east X 2124 West Chenanao Ave . Uc-Grad ien t -1--- South Santa Fe U-Pump-lt -900 feet east X X 4921 South Santa Fe Drive Up-Gradient Coastal Mart #1226 -1,000 feet east X X 4970 South Santa Fe Drive Up-Gradient COOT South Santa Fe Sites -1 ,000 feet east 4950, 4970 , 5240 S. Santa X X Fe Drive Up-Gradient Littleton Electron -1 ,200 ft . southeast X 5101 South Rio Grande St . Uc-Gradient ~ .._ It should be noted that in addition to the mapped findings presented in the Satisfi report, the report indicated three unmapped findings that are unadclressed but potentially in the vicinity of the site. The three findings , Central Industrial TRUST FOR PUBLIC LAND PHASEIESA OX BOW SITE PROJECT NO ON42 .577°200 S 1,ROJ CTS.DN4a110001200'2 R po•t&IRI 0N4,S1l ,200·k1 d 13 .! District Englewood, Englewood Service Center, and Week 's D.S., could not be assessed due to incomplete address and location information . 6.2 Detailed Discussion of Findings This section discusses in greater detail those findings listed in Table I which are located topographically up-gradient of the site or which otherwise may present an environmental concern to the site. 6 .2.1 Colorado Voluntary Cleanup List (VCL) The Colorado Department of Public Health and Environment (CDPHE) maintains a list of sites enrolled in the Voluntary Cleanup Program (VCP). There were eight VCP findings listed within 0.5 mile of the site. Three of these findings were located topographically up-gradient of the site and in close proximity to warrant further discussion . The Hugh M. Woods finding (4995 South Santa Fe Drive) is located approximately 450 feet southeast of the site. We reviewed files for this finding at CDPHE. The files indicated that the VCP was approved and the most recent monitoring data indicates that contamination on this facility is concentrated on the eastern boundary of the site. The contamination has not traveled beyond the boundaries of this facility. Based on this information we do not believe this finding is a REC for the site. The Baker Property finding (2124 West Chenango Avenue) is located approximately 400 feet east of the site. We reviewed files for this finding at CDPHE. This facility was granted a No Action Determination by CDPHE on June 24, 2005. The main concern with this facility was high metals concentrations in the soil. The contaminated soil was removed from the site and properly disposed of. An additional concern is a methyl tert-butyl ether (MTBE) plume under the site which originated at the Littleton Service Center. The Littleton Service Center is TRUST FOR PUBLIC LANO PHASE I ESA OX DOW SITE PROJEC T N O ON4 2 ,577°200 S IP ROJ C1S\ON4 2Sl1000\20012 Rt po111\RIIUN42577 °200 •R1 doc 14 discussed in detail in the Leaking Underground Storage Tanks (LUS7) section of this report. Based on regulatory status , we do not believe this finding is a REC for the site. The Littleton Electron finding (5101 South Rio Grande Street) is located approximately 1200 feet southeast of the site. The Littleton Electron facility was a metals refinery which operated from the 1950s to November 2001, when the facility filed for bankruptcy protection. The files indicated that the VCP was approved in October 2004. Records indicate that no contamination was found to be beyond the boundaries of the site and that contaminated soils from the site were removed and disposed of at the BFI Tower Road facility. The CDPHE granted the facility a No Action Determination due lo a lack of contamination remaining at the facility which exceeded applicable state standards or posed an unacceptable risk to human health or the environment. Based on regulatory status and distance, we do not believe this finding is a REC for the site. 6.2 .2 Solid Waste The CDPHE maintains an inventory of permitted active and closed municipal solid waste facilities, as well as a list of identified former landfill sites and transfer facilities. There were 15 solid waste findings listed within % mile of the site. One of these findings is located up-gradient of the site and warrants further discussion. The Littleton Sewage Treatment Plant (2307 West Belleview Avenue) is located approximately 500 feet south of the site. Available CDPHE files for the site indicate that soils at the location of the former treatment plant had been i mpacted by diesel fuel, PCBs and Dieldrin . Approximately 4,000 cubic yards of soil were excavated from the facility in 1996 and were bioremediated on site by land farming. Confirmatory samp l es taken from the remediated soil indicated that concentrations of petroleum hydrocarbons, PCBs and Dieldrin were below action levels, and the state issued a No Action Determination for the site in July 1998 . TRUST FOR PUBLIC LAND PH A SE I ESA OX B OW SITE PROJECT NO. ON42 ,577·200 S \P ROJECTS ON•HH 000\20012 Rtpon1\R110N"2577 ,200 ·Rl.do< 15 Based on its current regulatory status and the lack of impact to ground water at the facility, we do not believe that this facility represents a REC for the site. 6.2.3 Leaking Underground Storage Tanks (LUS1J The Colorado Department of Labor and Employment (COLE) regulates active and inactive LUST findings which have been reported to the state. There were 26 LUST findings listed within '/2 mile of the site. Six of these findings are located topographically up-gradient of the site and warrant further discussion. The Littleton Service Center finding (2121 West Chenango Avenue) is located approximately 200 feet east of the site. We review files at the CDLE Division of Oil and Public Safety (OPS) for information relating lo the LUST at this facility. Ongoing monitoring is being performed to evaluate a MTBE plume which was a result of this leak. 23 monitoring wells have been installed for sample collection on the Littleton Service Center properly and properties to the north- 1101ihwest of this facility. Most recent data indicate that the MTBE plume is concentrated northeast of the subject site and the closest monitoring wells to the site have indicated concentrations of less than 0.05 pg/L of MTBE. Based on this information, it appears that contamination from this facility is not likely to have impacted the subject site and therefore would not be considered a REC for the site. The Red Bird Farms finding (4949 South Vallejo Street) is located approximately 250 feet southeast of the site. OPS files for the facility indicate that a 3,000 -gallon diesel fuel tank was removed from the site in 1991 , and approximately 233 cubic yards of petroleum contaminated soil were removed from the facility. Soil samples collected from four borings following excavation did not indicate the presence of petroleum contamination at the interface with ground water, and the facility received a status of No Further Action from the state in August 1995. We do not believe that this facility represents a REC for the site. TRUST FOR PUBLIC LAN O PHASEIESA OX BOW SITE PROJ CT NO . ON42 ,577•200 PROJ[ l'S\ON4H71000 200\2 Ol)Or11 RIIO 42577 •200·R1 doc 16 The Jiffy Lube finding (5115 South Santa Fe Drive) is located approximately 800 feet southeast of the site. Two 2,000-gallon motor oil USTs and one 2,000- gallon used oil UST were removed from the site in 1997 . One soil sample from the tank excavation cont ained 10 ppm of oil and grease, though no visibly impacted soils were present. Ground water was not encountered in the excavation and was likely not impacted by these tanks. The facility received No Further Action status in May 1998. We do not believe that this facility represents a REC for the site. The South Santa Fe U-Pump-lt finding . (4921 South Santa Fe Drive) is located approximately 900 feet east of the site. This facility is located adjacent to the Hugh M. Woods VCP site , and that VCP appears to address ground water contamination which likely originated at the U-Pump-lt facility. Ground water contamination had not migrated beyond the facility boundary, and thus would not have impacted the subject site. We do not believe that this finding represents a REC for the site. The Coastal Mart #1226 finding (4970 South Santa Fe Drive) is located approximately 1,000 feet east of the site. Records regarding this facility are cross- listed with the CDOT South Santa Fe sites facility , which includes the property at 4970 South Santa Fe Drive. The CDOT South Santa Fe si t es (4950 , 4970 , and 5240 South Santa Fe Dr i v e ) are located approximately 1,000 fe et east of t he s ite . Ex c avation of co nta m i n ated s oil at t hree form er und er g r o und s tora g e t ank location s w as undertaken prior to improvements to the intersection of Santa Fe Drive and Belleview Avenue. Contaminated soils were excavated from the properties in September of 1996. During these excavation activities , petroleum-contaminated soil was encountered in contact with ground water. Groun d w ater monitoring data collected in 1997 and 2001 in d icate d that contaminant concentrations in ground water were stable or decreasing . The sit es received a status of No Further Action from the state in January 2002 . Based on its regulatory status, we do not believe that this finding represents a REC for the site. TRUST FOR PUBLIC LAND PHA SEIESA OX BOW SITE PROJE CT NO ON4 2,577-20 0 IP ROJ Cl S .O N4 .577 oot 00 \Z pons 1.0N4257!0 200 ./1 1 doc 17 6.2.4 Registered Tank (UST/AST) Facilities This is a list of USTs and ASTs registered with COLE . There were 33 UST/AST facilities listed within 1/. mile of the site. Six of these facilities have tanks which were discussed in the previous section of this report. The remainder of the registered tank listings, which have no leaks reported, do not present an environmental concern for the site due to their location and/or distance from the site. 6.2 .5 Spills (ERNS) The Environmental Protection ~gency (EPA) ERNS is a list of reported CERCLA hazardous substance releases or spills in amounts greater than the reportable quantity, as maintained at the National Response Center. There were five ERNS findings listed within v. mile of the site. Three of these findings are located up-gradient of the site and warrant further discussion . The Hugh M . Woods finding (4995 South Santa Fe Drive) is located approximately 450 feet southeast of the site. The spill at the site is reported as a discovery of benzene and MTBE in ground water in October of 2005. A Voluntary Cleanup program at the site addressing this issue was discussed in Section 6.2.1 of this report. The BJCA Station finding (4901 South Zuni Str ee t ) is located approximate ly 200 feet sou t h of the site. The spill is listed in the database as a release of approximately one gallon of chloroform from a package in July of 2000 . Based on the small reported quantity of the spill, we believe that this event would be unlikely to ha v e impacted the subject site, and t h us w ou ld n ot represen t a REC for t h e site. The Incident #759400 finding (Belleview Avenue and Zuni Street) is located approximately 700 feet south of the subject site. The spill is listed as a releas e of TRUST FOR PUBLIC LANO PH A SEIESA OX BOW SITE PROJECT NO DN42 ,577•200 S \PROJECTS\ONU571000\200.Z ll fl> r11 R1 •DH•2577 ,200·A1 doc 18 approximately 200 gallons of diesel fuel due to a traffic accident. The spill is identified in the incident report as having been contained . We believe that this spill is likely to have been contained and/or intercepted by storm sewer drains prior to impacting the sit e, and therefore would not be considered a REC fo r the site . 6 .2.6 RCRA Generators RCRA generators are facilities which generate regulated hazardous wastes under the Resource Conservation and Recovery Act (RCRA). RCRA generator facilities are classified as Large Quantity, Small Quantity, or Conditionally Exempt Small Quantity Generators. There were seven RCRA Generators listed within '/. mile of the site. Two of these findings are located topographically up-gradien t of the site. The Hugh M. Woods and Jiffy Lube facilities we r e discussed previously. 6 .3 Local Government Records From previous communications with the Tri -County Health Department, they are no longer providing information regarding knowledge of hazardous or toxic spills and UST releases that have occurred on or near the site . Information regarding hazardous or toxic spills and UST releases are provided by the CDPHE . These records are searched during the REGULATORY AGENCY RECORDS portion of this investigation. From previous c o mmunications with the Littleton Fire Department, they are unable to provide informat ion regarding hazardous or toxi c materials incid e nts for vacant, unaddressed properties . W e c ontacted t he Engle w ood F i re De pa rtme nt by te l ep h one requesti n g informatio n regarding h azardous or toxic materials incidents or spi ll s at the site . As of the date o f t h is re p ort, we have not yet received a response to this requ e st. If we receive a response a n d it a lters the conclusions of this repo r t , we will notify you in writing. TRUST FOR PUBLIC LAND PHASE I ESA OX row SITE PROJECT NO . DN42,577,200 S .IPROJECTS\ON42S 77 000\20011 H 0,11 \RI ON4,~7 7,200,R1 <Inc 19 I I I I • I I I I I I I J ' I I ! I 7 .0 SITE RECONNAISSANCE The following section discusses observations made during our site reconnaissance. 7.1 Methodology and Limiting Conditions Mr. Neil Smith conducted a site visit on January 30, 2007. Access to the site was coordinated with Mr. Angel Mendia, foreman with Ron Koch Landscaping . The ground su1iace was approximately 50 percent covered with snow at the time of our visit. We did not have access to the interior of one locked portable storage container present on the site . A driveway from South Zuni Street provided access to t he site. The site was accessed by walking . A photographic record of the site reconnaissance is presented in Appendix A. 7 .2 Description of Site Structures and Road s The site is currently utilized by Ron Koch Landscaping as a maintenance area and storage yard. The site is surrounded on the south and east by an eight- foot high chain link fence. A dirt access road with a locking gate enters the southwestern portion of the site from a driveway fo r the adjacent FedEx warehouse. The central portion of the site is utilized for equipment maintenance and storage, and has a dh1 surface. No perm ane nt structures are present on the s ite ; howeve r, four s to r age sh ed s ar e pre s e nt in th e eas tern and southea ste rn portions of the site. A storm sewer line is present in the western portion of the site, draining toward the wetland area on the site. No other roads or structures are present on the site. 7 .3 Si l e Observations During our reconnaissance , we specifically looked for obvious evidence of the site features listed In Tables II and Ill. Table II lists features typically observed outside of site structures, and Table Ill indicates features typically observed within TRUST FOR PUBLIC LANO PHASEIESA OX BOW SIT E PRO JEC T N O. ON4 2 ,577-200 S IPROJ CT \ON41tfl 000110011 II OIi h0~257 ,JOO,RI due 20 -- .- ' I -..• I . the interior of structures located on the site. An "X " located within each table indicates that the feature was readily observable . Those features which were observed on the site are discussed in furthe r detail within the following i subsection(s). Table II I Exte rior Site Features ! I ·----.. ,... ~~~---·---~~~~~-............. --~--·-1------·---·-, ·. Aboveground Storage Tanks X Stained Soil and/or Pavement I ----- Air Emissions Sources X Stockpiles of Soil or Debris ·----- Cu l tivated land/Crops Stressed Vegetation I - Drains , Sumps, Pits X Surface Water, Streams, Ponds, lagoons I ,----I X Hazardous Material Storage Transformers (Potential PCB) -- High Power Transmission lines Underground Storage Tanks I• Natural Gas Pipelines Unidentified Piping Below Grade Odors Unidentified Substance Containers ------ Petroleum Pipelines X Vehicle Maintenance Areas Physical Irregularities Waste Water Discharge -. -- Placed Fill or Imported Solis Waste Treatment Processes --- i Railroad lines Wells (Agricultural , Wate r Supply) I - Septic Systems or leach Fields Wells (Monitoring) -- X Sol i d Waste or Disposal Areas Wells (Oil or Natural Gas) ·---- Table Ill Interior Site Features j I -------. f ---~ · Bo i lers X Hazardous Material Storage __ 3 Chemical Mi xing/Use Areas Heating and Cool i ng Systems --·-- Drains or Sumps Hydraulic lifts I --· ----------·--- Elevators Inci nerati o n A reas I --. ------------ Emergency Generators Odors ~----~-- Equipment Maint enance Areas Staining or Corrosion -------- Exhaust Hoods and Ducting Unidentified Substance Containers ... - 7.3 .1 Hazard o us Ma terial/Pet r oleum Pr oduc t S to rage W e observed conta iners of hazard ous materia l s and petr o l e u m prod ucts stored on the site . These containers were stored in a shed i n the so u t h eastern portion of the site, in a covered storage area In the south-central portion of the TRUST FOR PUBLIC LAND 21 PHASEIESA OX BOW SITE PROJECT NO ON42 ,571 ·200 $ 1PR0JECTS10N42S77 000\20012 11,,,o,11IR110N42S11 ·200-R1 d ue . site, and on the ground. The containers stored in the shed and covered storage area consisted of retail-sized containers of motor oil, gear oil, automatic transmission fluid, lacquer thinner, adhesives, and pesticides and herbicides , as well as 5-gallon containers of hydraulic oil, motor oil, compressor fluid, cement, and asphalt primer. These containers appeared to be properly labeled and in good condition, with no obvious signs of leakage . We observed two 55-gallon drums used to store motor oil present on the ground in the central portion of the site, in a surface depression near a tree. In addition to the 55-gallon drums, a 15-gallon container, five five-gallon containers, and seven one-gallon containers of oil were present in this area . We observed soil staining in the area of these containers, possibly due to minor spills or over- filling of containers. Angel Mendia, foreman with Ron Koch Landscaping, indicated that the oil containers are periodically picked up and transported off-site for disposal. Based on observed conditions, we do not believe that this soil staining rises to the level of a REC for the site; however, the presence of stained soil may present a concern and/or a business environmental risk. 7.3.2 Solid Waste We observed solid waste present on the site. This waste generally consisted of various empty containers and buckets, scrap wood and metal, and various paper and plastic trash. We observed a dumpster present in the western portion of the site. Based on the types of wastes observed, we do not believe that this waste represents a REC for the site; however, we recommend that solid waste be properly disposed. 7.3.3 Stained Soil We observed stained soil present in the central portion of the site. We observed staining associated with the used oil containers present on the site, as well as in the areas where vehicle and equipment maintenance is conducted . The staining In the maintenance areas generally consisted of automotive fluids and TRUST FOR PUBLIC LANO 22 PHASEIESA OX BOW SITE PROJECT NO. ON42 ,577•200 S \P R0J£CTSl0N42571 000\200\2 Re110r1S \R1\0N42577 •200 ·R1 .doc I 1 I l ' ' . 1 I i I ' l ; . ; • I i I i i • I appeared to be de minimis in nature, and thus would not represent a REC for the site. The staining in the area of the used oil containers was discussed previously, and may present an environmental concern and/or business environmental risk for the site. 7.3.4 Stockpiles of Soil/Debris We observed several piles of soil, wood mulch, tree branches and rock present on the site . These piles of material.s appear to be associated with materials used by the landscaping company that operates at the site . We did not observe obvious environmental issues associated with the stockpiles, and these stockpiles would not represent a REC for the site. 7.3.5 Surface Water/Wetland Areas We observed surface water present in the eastern and southwestern portions of the site, in the previously identified wetland areas . These areas are within the ox bow formed by the former South Platte River channel. The surface water in these wetland areas was frozen at the time of our site visit. We did not observe obvious environmental problems, such as a sheen or discoloration, associated with the water in the wetland areas. 7.3 .6 Vehicle Maintenance Areas The site is utilized by a landscaping company for equipment storage and maintenance. Equipment maintained on the site includes trucks , trenchers , graders , snowplows, and various other motorized equipment. We obse r ved soil staining present on the soil surface in the areas where these vehicles are maintained. Automotive fluids associated with maintenance activities generally appear to be stored properly, with the exception of the used oil storage area discussed previously. TRUST FO R PU B LIC LAND PH A SE I ESA OX BOW SITE PROJEC T NO. ON42 ,577 ·200 S ·\PROJECTSION42577 .000120012 Rtport <IRI\D N4,577 ·20ll·R I ~oc 2 3 7 .4 Review of Adjacent Properties General observations of properties adjacent to the site were performed in conjunction with on-site observations made on January 30 , 2007 . Developed p r operty in the vicinity of the site consists of transportation corridors , commercial and light industrial use, and the South Platte River. Properties immediately adjacent to the site are described below, based on outdoor observations from the site or nearby public streets . • North: The site is bounded by the South Platte River. • East: The site is bounded by several commercial or light industrial properties and vacant parcels. • South: The site is bounded by a vacant parcel. A Lowe's store is present to the southeast of the s ite, and a FedEx warehouse is present to the southwest of the site. • West: The site is bounded by the South Platte River, beyond which lies an apartment complex and a solid waste transfer facility . Several facilities in the commercial and light industrial area to the east and s outheast of the site were discussed in previous sections of this report. Additionally, a solid wa s t e t r ansfer facil i ty is located west of the site, across the South Platte River and topographically down-gradient of the site. Based on our observations and review of available i nformation, w e do not beli ev e th at these facilities present a significant environmental concern for the site. Observatio n of adjacent properties di d not re vea l other obvious visual Indications of environmental conce rn . We did not observe obvious evidence of landfills, lagoons, pits , or other waste treatment or disposal operations ; underground storage tanks , spills , releases , or discharge of hazardous material ; or air emissions which could negative ly i mpact the site. TRUSl FOR PUBLIC LANO PHASEIES A OK BOW SITE PROJECT NO. DN42 ,577,200 P 0JECTSl0N42S71 000\200ll Ro,p11<11 \ H0N42S7T.ZOO ,R1 cloc 24 8.0 INTERVIEWS 8 .1 Owner, Site Manager and/or Occupants Mr. Ron Koch is the current site owner. Mr. Koch has been familiar with the site since 1996. He stated that the site ls currently occupied by a landscaping yard. The site was historically vacant land surrounded by the South Platte River and the former river bed. Mr. Koch indicated that several temporary storage sheds were present on the site, and that activities conducted at the site included changing of oil for landscaping equipment. He also indicated that the riverbed areas at the site are overseen by the Corps of Engineers. Mr. Koch was not aware of other environmental concerns associated with the site. We received a response to an environmental questionnaire from Mr. Koch, and this is included as Appendix E. Mr. Angel Mendia is a foreman for Ron Koch Landscaping. He was interviewed during the site visit. Mr. Mendia indicated that the site is used as a yard for the landscaping company. Mr. Mendia indicated that oil changes for landscaping equipment were conducted at the site, and that used oil was collected in containers in a central location on site. Mr. Mendia indicated that these containers are pe r iodically hauled away from the site for disposal. 9.0 DEVIATIONS 9.1 Excepti o ns an d Del etion s We do not belleve that t here have been significant exceptions to, or d e let ions fro m, the AS T M p ractice. 9.2 Data G aps During o u r site reco n n aissance, we were unable lo observe t he i nterior of a temporary storage unit located on the site . Based o n activities which occur on t h e TRUST FOR PUBLIC LANO PHASEIESA OX BOW SITE PROJECT NO . ON42 ,577,200 \PROJ£Cl \ON42S11 OII0'.100\2 R porl \1111llt14 511 ·200 •R1 UC 25 1 I site, we do not believe that the inability to observe the interior of the structures represents a data gap which would affect our ability to identify RECs associated with the site. The ground surface was partially covered with snow at the time of our site visit. The areas where vehicle maintenance is conducted on the site were predominantly free of snow, allowing us to view the ground surface and stained soil associated with these activities. The area surrounding the used oil storage area was pa1tially snow covered, and some soil staining was observed in this area. Based on our observations, we do not believe that the snow cover on the ground represents a significant data gap which would affect our ability to identify RECs associated with the site. 10.0 FINDINGS AND OPINION 10.1 Summary of Site Historical Use The site is currently utilized as a maintenance and storage area for a landscaping company, and has been in use for this purpose since approximately the mid-1990s. The site has historically been vacant land located on the banks of the South Platte River. The South Platte River was re-channelized in the 1980s, resulting in an ox bow with wetland areas present on the site. 10.2 Petroleum Product Storaqe Area During our site visit, we observed motor oil being stored in two 55-gallon barrels and several other containers near the central portion of the site. We observed soil staining on the ground in the area of these containers, likely resulting from spills or overfilling of containers . While not rising to the level of a REC , we believe that this stained soil area would present an environmental concern and/or a business environmental risk for the site. TRUST FOR PUBLIC LANO PHASEIES A OXBOW SITE PROJECT NO. ON42,577-200 S ·\PROJECTSION42S77 000120012 Rep0<IIIR 110N42577 ·200·R1.~oc 26 I ' I I I ' . ; i I i I I 1 10.3 Nearby Environmental Concerns As is typical to many commercial areas, several facilities. in the vicinity were reported as hazardous material or petroleum product users. If leaks or spills occur at these facilities, contamination could impact the site, depending upon the location of the facility, nature of the release, and the effectiveness of cleanup efforts. Several facilities, including the Littleton Service Center, Red Bird Farms, Hugh M. Woods, Baker Property, Littleton Sewage Treatment Plant, and the COOT South Santa Fe sites have reported releas~s of hazardous substances or petroleum products. Based on our review of available documents for these facilities, it does not appear that releases at these facilities have impacted the subject site at this time. As a general policy, the overseeing regulatory agencies would not require the project site owner to characterize or clean up contamination from an off-site source. In our opinion, off-site hazardous material users with no reported releases are generally not considered a recognized environmental condition in connection with the sita; however, they may be considered a business related environmental risk should conditions at these facilities change in the future. 11 .0 CONCLUSIONS AND RECOMMENDATIONS We have performed a Phase I Environmental Site Assessment (ESA) in general conformance with the scope and limitations of ASTM Practice E 1527 -05 of the Ox Bow site. Any exceptions to, or deletions from, this practice are described in Section 9.1 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property. We recommend that the observed stained soils in the used oil storage area IJe removed from the site and properly disposed. We recommend that oil containers on the site be placed on a hardened surface , preferably within a berm , and that measures be taken to reduce the potential for spills. TRUST FOR PUBLIC LANO PHASEIESA OXBOW SITE PROJECT N O. DN42,577-200 S ·IPROJECTSION42577 0001200\Z Reporls\R IION42577 •200 ,RI .d oc 27 - 12.0 QUALIFICATIONS This Phase I ESA was supervised by, and the report reviewed by, Mr. Matthew Wardlow, a licensed Professional Engineer (P .E.) registered in the State of Colorado. Mr. Wardlow has performed or reviewed over 1,000 Phase I ESAs in the State of Colorado, and has been practicing within the local environmental consulting profession for at least ten years. The resumes of the individuals conducting this Phase I ESA are Included in Appendix E. Mr. Wardlow declares that, to the best of his professional knowledge and belief, he meets the definition of an Environmental Professional as defined In §312.10 of 40 CFR 312. We have the specific qualifications based on education, training and experience to assess a property of the nature, history and setting of the subject site. We have developed and performed all appropriate Inquiries In general conformance with the standards and practices set forth in 40 CFR Part 312. We believe that this ESA was conducted in .: manner consistent with that level of care and skill ordlnarlly exercised by members of the profession currently practicing under similar conditions In the locality of the project. No warranty, express or Implied, Is made. If we can be of further service In discussing the contents of this report, please call. Nell mlth Environmental Staff Sci entist NS :MLW/gpc (4 copies s ont) TRUST FOR PUBLIC LAND PHASEIESA OXBOW SITE PROJECT NO. DN42,577,200 S :IPROJEC TSIDN'2571 .000\200\Z . R1por1IIR 11DN'25 77 ·200 ,R 1.doc Reviewed by: Matthew L. Wardlow , P .E. Env i ronme ntal Division Man ager 28 I 11 l I ,, I REFERENCES Colorado Aerial Photo Service, Aerial Photographs, Stereo Pairs, from 1948, 1954, 1964, 1974, 1984, 1995 and 2005 . Colorado Division of Water Resources, online Water Well Permit Database, http:/1165.127 .23.116/website/lttools/ Colorado Geological Survey, Results of the 1987-88 EPA-Supported Radon Study in Colorado, Open File Report 91-4, 1991. Colorado Oil and Gas Conservation Commission, online Oil/Gas Well Permit Database, http://www.oil-gas.state.co.us CTL I Thompson, Inc., Environmental Questionnaire, completed and returned February 1, 2007 by Mr. Ron Koch. Cultural Feature Map, 1938/39, Satisfi, Inc. Environmental Database Search, Satisfi, Inc. (Report #S302286, dated January 18, 2007). Federal Emergency Management Agency, Flood Insurance Rate Map, Arapahoe County, Colorado and Incorporated Areas, Panel 145 of 725, Map Number 08005C0145 J, August 16, 1995. National Wetlands Inventory wetland polygons, viewed on the National Map Viewer, http://www.nationalmap.gov TerraServer Image Courtesy of the USGS, Aerial Photographs, 1999 and 2002, http://www.terraserver.microsoft.com U.S. Geological Survey, Depth to the Water Table (1976-1977) in the Greater Denver Are~ Front Range Urban Corridor, Colorado (USGS Map 1-856-K, Donald E. Hillier, Paul A. Schneider Jr., and E. Carter Hutchinson, 1983. U.S. Geological Survey, Geologic Map of th e Greater Denver Area , Front Range Urban Corridor, Colorado (USGS Map No . 1-856 -H, Donald E. T rimble and Michael N. Machette, 1979). U.S. Geological Survey Topographic Map, Fort Logan Quadrangle , Colorado (1948 , 1965 photorevised 1980, and 1965 revised 1994). TRUST FOR PUBLIC LANO PH ASEIESA OX BOW SITE PROJECT NO. ON42 ,57 7-200 S·\PR0JECTSl0N42S71 0001200\2 R1pon,1R1\DN057MOO ,R1 doc I J ! • I I I I I I I I I I I R68W Source: U.S .G.S. Topographic Map Fort Logan Quadrangle, Colorado 1994 TRUST FOR PUBLIC LAND PHASEIESA OXBOW C TL I T PROJECT NO DN,2 577 200 T5S Scale: 1" = ± 1320' Site boundary approximate - not to scale ..... Area Map Flg.1 I ~ .. I . i I I I I I I FED-Ex ACCESS DRIVE -TO ZUNI ST . -t- IICALE; , •• ., ~fOll ,taJC LAND .. __ P,qect No. DN42,sn-200 ,....--, ,/,' 0 '\., /, DUMPSTER ''\. WASTE MANAGEMENT FAC ILITY I i ~ Ii-------, ,,.,,,,., ,,.,,,,., ----· -·--·- ,' .-.-11-of'.O .- ' ' "' ' /----o,ll'__ -- .::"''_~.--:: ---------------] ,,1 't \ '\. ' ' "' VICINITY MAP NOrTO OCAlJ! VACANT LO wE ·s Ji \ ,I \ 1/ ft I I/ I I I ii I fl J /I "' I 1/ ~ 1, 5 'CJ f f ,1 ,I I l I/ I COVERED II I STORAGE . ',"' ' ' ,. ... ,., ' ' ,~ So J}~ '9a , v,i.' '<'b t)~ . ,()~/), ' (' ',?%; ,,-1> c\ ,,"' .........__ USED OIL ', STORAGE. "' STAINED SOIL . , (2) 55 GAL. ' DRUMS AND OTHER "' CONTAINERS ', I (HERBICIDE I / CONTAINERS. PARTS LOCKED 1 I / CL EAN ING CHEMICALS) STORAtrE \ I / \ I SHED -- ' / MULCH PILE S/ / TREE BRANCHES \'./ --u \ AUTOMOTIVE / SHED O ---' , , FLUIDS . HYDRAULI C / -_ --\ , , OIL. CEMENT O O --I "' \STORAGE ~ /~ I ----· ' ----/ WETLANDS --::;;:-..;:;--- '"' ---------= = ;;:---=-- ,< -----=::---.......... -------"'-:::..-----=---... ~ --~ =-= :---=-==--= :--- Site Plan Fig. 2 tr TRUST FOR PUBLIC LANO PHASE I ESA OX BOW SITE PROJECT NO. ON42 ,577-200 APPENDIX A SITE PHOTOGRAPHS !I \l'ROJECTSION42577 000\20tl2 lleµo111 1R1\0N42S77 ,200 •R1 doc Description: View Direc tion: Description : Vi•w Direction : Western oonion o f site . dumpster and access road North Wetlands area on eastern portion of site Northeast CTL I HOMPSO N -~-.·-~ ~t~-"-.'.·t .. :;: ~\ .,. ~5=··· \f.) Description : Wetlands area in southwestern portion of site . adJace nt vacant land and Lowe·s store to south of site View Direction : East Description : View Direction: Shed (empty), locked storage unit on eastern portion of site Ea st SITE PHOTOGRAPHS Ox Bow Site Site Re c onnaissance -January JO , 2007 CTL !T Jo::, No DN42 577 -20 0 Page 1 of 4 "';· Descri ption · v ,ew Di rect.Jo n . De.scnpt1on· Vu~w Oirec hon- TL I T ,, .'~ --"·-~~ .~ "-.""_ ~~~:-:f; ..... ~"'\: .· . ~ ~ ........ ., :·':-c:_ .. - M ulch 01 e 1ree br anches in nonneas rern portion of site Easr Storage sheos ,., southeastern pcrt,on of site Soutr.ea sl MPS ON Descr ipt io n . 1ns1de stor age sh ed in sou·hea s1 e rn oort,on of site - autom ot ive fiu 1ds hydraulic c,11. asph alt i.mmer ceme nt storage De sc ription . Inte rior of sm aller shed -no chem ,ca rs storea SITE PHOTOGRAPHS Ox B ow Si te S rt e ~eco nna 1s sa n ce -Janua ry 30 . 200 7 L. TL/I Joe No LJ N-12 57 7-20() Page 2 of ,; ----c--===---- ·, .., . " ,, ' .. ,. I I I I (L LI .I I-· (/) :.1 . . , . j!: r .. o . ,., • Ill .: Ol :: ~ Description : • ',1t• -'>n .-l"'r;.;I Q•T :n\ Hwns m,no, soil s!a inn~ V iew 0 1r cct1on .;,ou ~L Ad1acen1 S o u:h P I.J tie Rn.er ...... asle transfer s1a tm n and aoartmems beyo no Vte\.\' Direct,on · 1.Ve si l 1· ii ~-·-· I Descnptmn r~1:.::t( tn ' c..r oi" •1r.1al h3r~1 ,nrj...1s1:ial pruot:"rt1t s Desc r iot ion · Ad1a cen1 Feae • fac1 s 7 1 , 1 View Direction . !-;,<' View Direction . S 0utt 1w es1 . •q CT L i 7HO MPS f\j '-' S ITE PH OTOGRAPHS O x B ow Site S •te ~eco nna ,ssance -January 30 . 2007 1. i L. l ,._: r~ei . ri .::: r,1 · :--,, Page.; o f 4 TRUST FOR PUBLIC LAND PHASE I ESA OX BOW SITE PROJECT NO . ON42 ,577 -200 APPENDIX B AERIAL PHOTOGRAPH S. \PROJECT S1DN4 257 7 .000120012 . Ropc,111\R 110N425 7 7 ·200 -R 1 .doc : '.t ' ~ .. r' . t\ ' •• ' . ' k •: •. .. .. ·' .. .. ,,\\ \ ..... ' ,.,\\·,, \. ~ ~\ ' .. ' ' . .. , .. ,. ,1.;, ' .. . ~ . ' ' ' ::r: a. <( a:: C) C 0 0 I-·;:: 0 ~ I o n. _, Cl/ _J ~ ~ (!J a=: ra w E <( x ('-I 2 0 Cl. 0 Q_ N <:( 0 0 ~ , .... ,_ LO N '<t z 0 0 z f--u w -, 0 a:: a. ...J t-u TRUST FOR PUBLIC LANO PHASEIESA OX BOW SITE PROJECT NO. ON42 ,577 •200 APPENDIX C SATISFI REPORT S ·\PROJECTSION42517 000 \2 00 12 R1p0t11 R 110N42117·?00 ,Rl.doc 'I I ' l I : ' J I : I ' . Environmental Database Search Subject Property Ox Bow North of Belleview Ave & Zuni St Littleton, CO 80120 Latitude : 39.627506 Longitude : -105.015598 Performed For : CTL/Thompson, Inc 1971 W 12th Avenue Denver , CO 80204 Attn : Neil Smith Reference : DN42 ,577 -200 Contents : Overview Map Close-up Map Execu ti ve Summary • mapped sites • unmapped sites Detailed Findings • mapped sites • unmapped si tes Databa se Sources This report complies with the requirements of EPA 's Ml Rule and ASTM 's E 1527-05 Standard for the records review of standard sources in a Phase One Environmental Site Assessment. Loca l Ex pe rt ise a nd Service Satisfaction Guaranteod 20 07 . Sa 11sn Inc • 720 ,200.94 73 • Repo,1 #S3022ll6 •1 118/07 II 33 satisfl . environmental information Page 1 of 48 Subject ~ * Subject Property Buffer 0 . 14 mile radius Outer Ring on Map 1.00 Mile beyond buffer The ASH,1 Standard requires that distance be measured from a property's boundaries (not from a point). Accordingly , the specified buffer (dashed ring) has been drawn around the subject property point to approx imate its boundaries . Each site point also hc1 s a buffer (0 .04 mile is standard). Distance Is measured from the subject property buffer to each site butter . SubJ cl Sil e. 0• Bow, North or B lleooe w Ase & Zurn SI. LiN lo ton CO 2007 Sall fl Inc • 770-200 9473, Report #S302286 •t /18 107 q 33 P dg" 2 of 46 Database Categories > Subj ec t ~ 'f ~ ......... Subject Property Buffer 0 .14 mile radius Outer Ring on Map 0 .25 Mile beyond buff er The ASTM Standard requires that distance be measured from a property's boundaries (not from a point). Accordingly , the specified buffer (dashed ring) has been drawn around the subject property po int to approx imate its boundar ies . Each site point also has a buffer (0 .04 mile 1s standard). Distan ce is mea sured from th e subject property buffer to each site buffer . Subj cl S11e o, Bow , North ol B I • w Ave & Zuno t, Lit11eton CO ()2007 . sa,,sn Inc, 720 ·200 -473 • Rel>Of't #S302211G •1/181()7 9 33 Page 3 ol 48 I· f I I I I I I I I ' I I I I I i I I I I .... :.1~,.~;.a;-.,1111111r.1.1'1r.1! ti~· I-~- Search Distance (miles)> MAP # SITE NAME ADDRESS 1a CITY O F LI TILETON 2265 W C HENANGO ST 1b LI TTLETON SER VICE CENTER 2121 W C HEN ANGO AVE 1c R ED BIRD FARMS 4949 S V ALL EJO ST 1d HUGH M H WOODS 4995 SOUTH SANT A FE ORIVI 2a BJCA STATION 490 I SOUTH ZUNI ST 2b LITTLETON SEWAGE TREATMI 2307 W . BELLEVIEW AVE 2c INCIDENT #7594 00 INTE RSECTI ON OF ZUNI AND 2d AC KE RMAN & SO NS 2400 W BELLEV IEW AVE 2e JIFFY LUB E 5115 S SANTA FE DR 3 ENGL EWOOD TRANSFER ST A" 240 0 W . UN ION 4a BAKE R PROPERTY 2 124 WE ST CHEN AN GO A VE I 4b SOUTH SANTA FE U-P UMP -IT 492 1 S SANTAF E 4c GE NE RAL AI R SE RVIC E & SUP 4901 S SAN TA FE DR 4d PESTE R #226 4970 S SANTA FE DR 4e COOT 4950 S SANTA FE DR 41 C OOTS SANTA FE SITES 4950 & 4970 & 5240 S SANTA 4g MOBILE A SSO 494 0 S S AN TA F E 4h U -HAUL 4649 S SANTA FE DR 4 i C OOT LI TTLETON 4900 S SANTA FE DR 4J COLORA DO DEPT OF HWYS · I 4900 S. SANTA FE MP 20 5.01 Sa U -HA UL 5050 S SANTA FE Sb ALL AMER ICAN JEEP 5080 S . SANTA FE Sc COLORA DO DEPT OF HWYS 5084 SOUTH SANTA FE DR 5d CENTE NNI AL U HAUL CENTER 5090 S SANTA FE DR 5e RIO GRAND E GARAGE 502 1 S RIO GRAN DE AVE sr ELE CTR ON FO UNOARIES 510 1 S RIO GRA NDE Sg LITTLETON ELECTRON 5 10 1 S. RIO GRANDE 6 KNOWN LANDFILL IOU D I : ; A D : s. 7a COLORADO DISP OSAL INC 2400 W UN ION AVE 7b D ENVER WASTE T RAN SFE R 2401 -24 05 W. UNION le WASTE MAN AGE M ENT OF COi 2400 W UNI ON 7d CENTENNIAL PARK 2400 UN ION Ba N AME NOT REPORTED S. OF W . UNION & E. OF PLAl Bb N AME NOT REPORTED S . OF UNION & W . OF PLATTE Be THE BUSSERVICE INC 4770 S WYANDOT Bd CENTENNIAL PARK EXPANSIO 2150 W UNION Re WEST UNION AVE LANDFILL W OF PLATTE RIVER & tJ OF er CENTENNIAL PARK EXPANSIO NORTHEAST CORNER OF Ut\ 9a VARIETY LANDSCAPING INC 2800 W CHENANGO AV E 9b O XFORD REC YCLE D AGGRE G 4 500 S CLAY ST 10 NAME NOT R EPO R TE D S O F W. RADCLIFF A VE . E I 11a EN GLE WOOD RENT AL 4 81 7 S S AN TA FE 11b ALL AM ER IC AN RV STORAGE 47 4 7 S S AN TA FE DR 1 1c CSP· LI TT LETON #4 9132 4800 S S AN TA FE DR 11u ALL AM ERI C AN R V STO RA GE 4 775 S S AN TA FE DR 12a SH CONCR ETE 2600WUNION 12b SCAL -TEC H INC 2640 W UNION AV E 12c K LODE TOWIN G 2650WUNION 12d ROCK Y MOUNT AIN ST RUCTUF 2600 W UNION 12e KLO D E SA LV AGE 27 00 W UNION AV E 12, BU SS AR D PROPE R TY 265012680 W UNION AV[ 12g R B R MANAGEMEN T INC 2700 WUNION 13a 2045 CORP 2045 W UN ION BLVD 13b CLCO DRILL IN G CO 201 1 W UNION AVE _13c PAR CLE Cl RI CAL CON TRACT< 204~ W UNION AVE ----- UbJ Li II o, Buw Not1h or 8 I VIOW As & Zurn I . LINI ton co · 0<17 I< 11 lnr • 7 O·.ClO 473 • R PO ii •S 02.20 •I 181()7 33 01s 1an ce (miles)" and Direction 0.06 SE 006 SW 0 .07 SW 0 .0 8 SE 0 .03 NE 0.05 SE 0.06 NE 0.06 SE 0.06 SE 0.07 SE 0 .08 SE 0.08 NE 0 .08 NE 0.12 NE 0 .07 SE 0 08 SE 0 .09 SE 0 .10 SE 0 13 SE 0 .17 SE 0 .18 SE 0 .13 0 .09 NW 0 .10 NW 0 .11 NW 0 .1 1 NW 0 .18 NE 0 .15 NE 0 .10 NE 0 .14 NE 0 14 NE 0 .17 NE 0 .12 NW 0 .18 NW 0 .17 NW 0 14 N E 0 16 N E 0 17 N E 0 17 NE 0.15 NW 0.16 NW 0 .16 NW 0 .18 NW 0 18 NW 02 1 NW 0~4 NW 0 17 N E 018 NE 0 18 NE C C, 5! 5! 0 0 C "' "' "' "' It) C'! C'! "' .,, It) N N N N N ~ ~ 0 0 0 0 0 0 0 0 0 0 w :,: Ct: ... ... 0 Ill < :!i u II < w ~ II .., ... 0: cli C ::i 3r: .., z ::i .., ~ w Ill ii: :c ... Ct: ... u C ~ < :, w ... z 0 > ::; z ... < Ill z 0 u 0 < w Ill ... Cl • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Pago~ ol 4 I ' i i I r i l r I l ! I ! I I t I I t I 11 , I I I r----------------------------t--+--lt--t---;t--t--+-t--+-,t-+--+~, MAP • SITE NAM E ADDR ESS Dis tance (mile s)" and Direction 1 a.. z I 13d PROFESSIONAL AUTO BODY II 1952 W UNION AVE B4 0.21 NE • I 13e PACAFICA AUTOWORKS 1950 W UNION CJ 0.21 NE • • I 131 AUTOWORKS INTERNATIONAL 194 2 W UNION AVE C-7 0.21 NE •• f 13g HOTSY CORP 1835 W UNION AVE 0.24 NE e , 13h AUTO WORKS 1942 W UNION AVE 0.24 NE • e l I l-1-3i-. _L_O_R_A_N_C_H_E_M_I_C_A_L_C_O_R_P_O_RA_1 _1_86_5_W_U_N_IO_N_A_V_E_U_N_IT_Y--2--0-.2-5_N_E-+--+----+--l-+---+'"'-ll-"'--+--l-+--+•-f f 14 ARTIFICIAL FILL IN BOW OF S. PLATIE RIVER 0.24 NE • ' 15 WOODMAN BROS INC LANDS( 1801 W BELLEVIEW AVE 0.24 SE • 16 CENTENNIAL STORAGE 2709 W BELLEVIEW 0.24 SW • 17 BART'S AUTO BODY 5150 SOUTH SANTA FE OR 0.24 SE • ' 18 SANTA FE CONOCO 4601 S SANTA FE OR 0.31 NE 19a CEDAR MOUNTAIN MULCH CO 4755 S. WINDERMERE ST . 0.34 NE I 19b THOMAS PLATING COMPANY I 4695 S WINDEMERE 0.37 NE • < • < < r • • • 1 20a BELLEVIEW SERVICE CENTER 1800 W SHERI LANE 0.34 SE • < 1 20b WALLERS VEHICLE REPAIR Cl 1683 W SHERI LN 0.37 SE • < 1 21 a ARAPAHOE COUNTY AOMIN1s · 5334 S PRINCE ST 0.35 SW a < \ 21b COLUMBINE AMBULANCE 5393 S PRINCE 0.45 SW a < 22 RKS INDUSTRIES INC 1919 W STANFORD AVE 0.37 NE a < i 23 KNOWN LANDFILL N: OXFORD : W: S. CLAY : E: I 0.43 NW a t ,1-2-4--S-H .... E-LL-0-IL ________ 5_09_5_S ___ FE ... O __ E __ RAL ___ B_L_V_D ____ 0.-4-0""'s_w ___ --l_-+--ll--+"-+.--lt-<-+--ll---+--+-l f f 25a NAME NOT REPORTED 4755 S. WINDERMERE 0.44 NE • l 25b NAME NOT REPORTED 4700 S. WINDEMERE 0.48 NE • 25c RAGSDALE MACHINER Y 4535 S SANTA FE O 45 NE • < ! 26 KOEHLER FLOORS N MORE IN 4570 S FEDERAL BLVD 0.45 NW • < I 27 MILE HI LANDFILL 2400 W. OXFORD O 50 NW • , 28 ALLENFILTERPLANT 1500WLAYTON 0.47 NE • < I 9 R~ _. C FAR :1 CJ "" 1< 0.7 ' • I 30 LT I Al IA & ll PA Y 3 :1 D VE 0 . 5 ' I 31 :i EN E II co~ 'AN 1 D vE . 1 ' • 1 I 15 Sltea Wlhln O -114 mlle 90 Findings> 0 0 11 11 3 0 1---1-11-s-11e_s_W_lt-hl_n_1-,4-.-1-12_m_l_l•------------3-0-F-lnd_ln ... ,11 ... ,s_>-+--o ___ o-+-2-t---11--•-+-•-+-,-t-o-t--,-+--,-t !1i---3•s•"•••••W•"•h•ln•1•121111111.1•m-ll•-------------1•F•lnd-ln•11•••>••0 .. 3 .. _1_1 ...... ~o•o .. _o .. o .... o ...... i 14 ill lS ,I 1 FIN 1 J 1 I 1 I • < Distances and directions ar e approximate and should be confirmed during the site visi t . Al though Sat isfi uses the best and most current dig ita l stree t maps availab le, mapping by add ress is not an exac t scie nce . Si tes are se ld om mapped right at their centroids, and the buffers used to approximate thei r bounda ries are inherently imprecise . If any site buffer (0 .04 mile radius) overlaps the subJect property buffer (see map), distance and direction are not reported . If the locati on of a site Is off by a ci ty bl oc k or mo re, a revised map can be re ques ted at no cha rge . Tagalong findings are included to provide addi tional details . For instance . if a Tank Leak is found beyond the se arch dista nce for Tanks , th e corresponding Tank lis ting is reported anyway In order to to add useful information abo ut th e tank contents . age , etc . Sub1cc1 Set o o, Bow . Nonh o l Bel leview Ave & Zuni SI . LettlelOn CO ()2007 . Salosfi In c • 720 -200 -9473 • RePO rt #$30 2286 •1118/07 9 33 Category NPL/= CORRACTS TSO CERCLISI= VCLI= SolidWasle Tankleak Tank Generator Spill AULi= Other Description Federal National Priority List Superfun d site list State-and Tribal-equivalent NPL Federal RCRA Corrective Action facilities list Federal RCRA Treatment , Storage or Disposa l facilities li st Federal CERCLIS list Federal Delisted NPL site list Federal CERCLIS NFRAP site list State-and Tribal-equivalent CERCLIS State and tribal voluntary cleanup list sites State and tribal Brownfield sites State and tribal landfill and/or solid waste disposal si te li sts Local Lists of Landfill/Soild Waste Di s posal Sites State and tribal leaking storage tank lists State and tribal registered storage tank lists Federal RCRA generators list Federal ERNS list Federal institutional control/ engineering control registries State and tribal institutional control/engineering control registries RCRA -listed sites that are not CORRACTS , TSO or generators The specific database for each finding (e.g ., CERCLIS vs NFRAP) is identified in the Detailed Findings Additional information on each database is presented in the Database Sources section . Sut>ject See OM Bow , North of Belleview Ave & Zuni St , L,nlelon CO C,2007 S1h1fi Inc• 720 -2 00 -9H3 • RePQrt #S302286 •1 118/07 9 33 Page 6 o f 48 Unmapped Sites ' THESE SITES WITHOUT GOOD ADDRESSES DO NOT NEED TO BE TRACKED DOWN. The 1 ASTM Standard says in Section 8 .1.4 .3, "Listings in publicly available records which do not have adequate address information to be located geographically are not generally practically l •f I reviewable ." The only reason for reporting these sites is on the slight possibility that their location , might be revealed during the site visit, historical research , through personal knowledge , etc . Each ( : site has some detail (e .g ., city , county) in common with the subject property . Please review the Detailed Findings for any additional details that might indicate a site is close enough and significant enough to impact the subject property . If a location can be firm ly identified , please call Satisfi and a revised report will be issued accordingly . I THE PHASE ONE REPORT DOES NOT NEED TO DISCUSS EACH OF THESE SITES. The ff ASTM Standard specifically says in section 8.1.9, "the environmental professional may make j ' statements applicable to multiple sites (for example, a statement to the effect that none of the sites listed is likely to have a negative impact on the property except ... ).". I 1~-----__,.....,.. ............... _. ............... """'I"""" !!. I!! :.: a: i I I I I .. ::'i u <II ::'i ~ ~ :.: • ~ C ::J g ... z :i II. <II u u :.: ~ :, Di .. a: z 0 > :::i z c( w ~ u u 0 <II SITE NAME ADDRESS CENTRAL INDUSTRIAL DISTRICT Unknown • ENGLEWOOD SERVICE CENTER Unknown • WEEK'S D.S . ADDRESS NOT REPORTED : • 3 TOTAL flolDINGS > 0 0 0 0 1 2 0 0 0 Limitation of Liability : Please note that the accuracy of public records cannot be guaranteed , nor can this search or those records. No warranty is made or implied regarding this report . By reviewing th is report , the reader agrees to assume all related risk and to release Satisfi from liability for any damages . However, if this report is not satisfactory for any reason , a full refund will be issued . ©2007, Satisfi Inc . All rights reserved . The client named on the front page , and their client(&) and subcontractor(s), may make and distribute as many copies as necessary in the course of a transaction involving the subject property . Any other reproduction , distribution or use is prohibited . Sub,ect Stl O• Bow , Nonh of Belleview Ave & Zuni St. Lllllelon CO Cl2007. Sa t ,sfi Inc, 720 ,200-9473 • Repor1 #$302286 •1/18/07 9 33 0 ... .. a: ... ~ w i :I: w .. z 0 w Cl 0 0 0 Pa 7 of 48 Detailed Findings -Mapped Sites CITY OF LITTLETON 22U W CHENANGO ST, LITTLETON, CO, 80120 Map# ... -0.00 mile Registered Tank -Source 127/ TANKS Sa11sfl ID: Facility ID: Owner: Tank Details: 00127-0005616 5771 17701 . UNKNOWN . UN KNOWN , ZIP CODE UNKNOWN. XX . 99999 No Tanks Repor1ed LITTLETON SERVICE CENTER 2121 W CHENANGO AVE, LITTLETON, CO, 80120 Map# ... -0.00 mile Registered Tank -Source 127/ TANKS Satisfi ID: Facility ID: Owner: Tank Details: Tank Details: Tank Details : Tank Details : 00127-0002336 2415 6065 -CITY OF LITTLETON . 2255 W BERR Y ST . LITTLETON . CO. 80120 2415·1 8000 gal. UST Contents: Gasoline Status: CLOSED 2415·2 6000 gal. UST Contents : 4 · Diesel Stalus: CLOSED 2415-3 3000 gal. UST Co ntents: 4 · Diesel Status : CLOSED 24 15-4 500 gal . UST Cont en ts : 6 . Used 0 ,1 (Waste Oil) Slalus. CLO SED LITTLETON SERVICE CENTER 2121 W CHENANGO AVE, LITTLETON , 80120 Map# ... -0.00 mile Tank Leak -Source 128/ Tank Leaks Sallsfi ID : Event ID : Dale Repor1ed . F~e Status: RED BIRO FARMS 00128,0003645 3894 7/5/91 Open 4141 S VALLEJO RD, LITTLETON, CO, 80123 Map# ... -o.oo mile Rogiatered Tank · Source 127 / TANKS t Sallsfi 10: , Facili ty ID · Owner: Tank Details : 1 RED BIRD FARMS 00127-0002843 2940 399 • GEORGES P ROCE SSIN G IN C , 402 W ROBINSON DRAWER G . SPRINGDALE. AR. 72 764 294 0 -1 3000 gal. UST Contents . 4 · D ie sel Statu s: CLOSED 1 4141 S VAL LEJO ST , LITTLETON , CO, 10120 Map# ... -0.00 mile Reglslered Tank -Source 127/ TANKS Sallsfi ID : Fa cility ID · Owner : Tank Details : RED BIRD FARMS 00127-0011542 1 1959 17576 -GEORGES INC. PO DRAWER G • OTTO J ECH S PRINGDALE. AR 72764 No Tanks Repor1ed 4141 S VALLEJ O ST, LITTLE TON , I0120 Sub)8Ct Si111 . Ox Bow , Nor1h of Belleview Ave & Zuni St, Litt leton CO 2007 , Sahsfo Inc• 720,200,9473 • R por1 #S302286 •1/18/07 9 33 Page 8 ot 48 Detailed Findings -Mapped Sites (Cont.) (Cont .) Tank leak -Source 128/ Tank leaks Satlsfi ID : Event ID : Dale Reported : File Status : INCIDENT 1777547 00128-0000441 468 214/91 Closed 4995 S. SANTA FE DRIVE , LITTLETON, CO 80120 Map# i,- -0 .00 mile Emergency Response Notification System (ERNS) -Source 1051 ERNS Satisfi ID : NRC Report#: Incident Date : Material II Quantity: Material II Quantity: Full Report link: HUGH M WOODS #141 00105-0004 210 777547 1017105 BENZENE II O UNKNOWN AMOUNT METHYL TERTIAR Y BUTYL ETHER 11 570 OTH ER www.nrc .uscg miUreports _ cgi /rwcgi60 .exe ?foia _ bmp+inc_ seq= 7 7754 7 ' 4H5 S SANTA FE DRIVE, LITTLETON, CD 80120 Map# .. -0.00mlle Conditionally Exempt Small Ouontlly Generator -Source 1141 RCRIS Satisfl ID : RCRA Handler ID: Co nta ct: Owner: RCRIS Activity: I RCRIS Violations : HUGH M H WOODS 00114 -0005580 COD983 799693 DAVE MCKEE P.O. BO X 419466 , KANSAS CITY , CO 641 41 0466 8162346000 PAYLESS CASHWAYS IN C 19 -FE B-1993 -Cond1t1 onally Exempt Gene rator Activity None 4911 SOUTH SANTA FE DRIVE. LITTLETON, CO Map# i,- -0.00 mile Voluntary Cleanup List • Source 1151 CO VCL VCU Satisfi ID: CDPHE Site#: Appllcat,on #: CDPHE Cont ac t : 1 Application Date : Application Type Decision: Rem Complet,on Due : Acreage: BJCA STATION 00115-0000518 COM000003033 VA-00518 FONDA APOSTOLOPOULOS 09-JAN-06 VOLUNTARY CLFANUP APPROVED 17-FEB-08 3.4 4901 SOUTH ZUNI ST, LITTLETON, CO Map# .. -0.00mile Emergency Response Notification System (E RNS) -Source 105/ ERNS Satisli ID : NRC Report#· 00105-0002810 536867 S ubject S~e Ox Bow. North of Belleview Av & Zuni St , llttletun CO C.,200 7. Sahsfi Inc• 720 -200 ,9473 • Report #S302286 •1 118/07 9 ·33 Paga 9 of 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Inci dent Date · Material II Quantity : Full Report U nk : 7/28/00 CHLOROFORM 11 1 GALLON(S) www.nrc.uscg mil/reports _cgilrwcgl 60 exe?loia _bmp+inc_ se q=53686 7 LITTLETON SEWAGE TREATMENT PLANT Map# ... -0.06 mile SE 2307 W. BELLEVIEW AVE ., LITTLETON, CO 80123 I Satisfi ID: Source Name: Source Descri ption. Agency Landfill ID : • Site Type: INCIDENT 1759400 Waste or Fill Site • Source 1251 CO CDPHE landfills 00125-0000532 CO Recent Waste Sites "This list includes solid waste fac1lihes lha t have been permitted by lhe slale and may be open or clo sed . Salisfi check s for new listings every 90 days From CDPHE -Colorado Department of Public Health & E"vironment 999-ZZZ-041 zzz INTERSECTION OF ZUNI AND BELLVIEW STREET, LITTLETON, CO Map# ... --0 .06 mile SW Emergency Response Notification System (ERNS). Source 1051 ERNS Satisfi ID: NRC Report#: tn cidenl Dale: Material II Qu~nlity · Full Report Link: ACKERMAN & SONS 00105-0003982 759400 5120105 OIL : DIESEL 11 200 GALLON(S) www.nrc.uscg .mil/reports_cgl/rwcgi60 .exe?fo1a _bmp+inc_seq=759400 2400 W BELLEVIEW AVE, LITTLETON , CO 80120 Map# ... --0 .07 mile SW Seo RCRIS Activity below • Source 114/ RCRIS Satisfi ID: RCRA Handler ID: EPA FaciWty 10 : Contact: Owner: RCRIS AchvMy . RCRIS Violallons : JIFFY LUBE • #431 00114 -0008066 COR000200204 JAMES ACKERMAN 2400 W BELLE VIEW AVE . UTILETON . CO 80120 3037983220 JAMES ACKERM AN 23-0CT -2000 -Not a Generator None 5115 S SANTA FE DRIVE , LITTLETON, CO 801201040 Map# ... --0.08 mile SE Conditionally Exempt Small Quantity Generator· Source 114/ RCRIS Satisfi ID: RCRA Handler ID · Conlact. Owner- RCRIS Act,v,ty : RCRIS Violohons. 00114-0000934 C00001027655 BEN EARP 6290 LEHMAN DR , SUITE 203 . COLORADO SPRINGS . CO 809181471 7192609609 COLORADO LUBRICATION Ill. LLC 15 -JAN -1998 -Conditionally Exempl Gonc ralor Acliv1l y None Sub1ect Srte O• Bow , North ol Belle view Ave & Zuni St . Littleton CO 1'>2007 Sa tisfi Inc • 720 -200 -9473 • Report #S302266 •1/18107 9 33 Page 10 of 48 Detailed Findings -Mapped Sites (Cont.) JIFFY LUBE #431 5115 S SANTA FE DR, LITTLETON, CO , 80120 Map# t,, -0.08 mile SE Reg istere d Tank -Source 1271 TANKS Sa tisfi ID: Facili ty ID : 00127 ,0009149 9406 Owner: 1 Tank Delails· Tank Delaits· , Tank Details : 11 23 · JIFF Y LUBE INTERNAT IONAL. PO BO X 2967 . HOUSTON T X 77252 9406-1 2000 gal UST Content s : Z Other Stalu s: CLOSED 9406-2 2000 ga l. UST Conten l s: Z Other Stalus : CLOSED 9406 -3 2000 gal UST Con1en1 s · 6 · Used Oil (Waste Ori ) Sialus : CLOSED JIFFY LUBE 5115 S SANTA FE DR, LITTLETON, 80120 Map# t,, -0.08 mile SE Tank Leak -Source 128/ Tank Leaks SalisfilO: Event ID : Dale Reported · FIie Status . 00128-0005667 6120 12122/97 Closed ENGLEWOOD TRANSFER STATION 2400 W. UNION, CITY NOT REPORTED , CO Map# t,,- -0 .03 mile NE Waste or FIii Site -Source 701 CO Old Landfills Satisfi 10 : Source Name: Source Oescnption Agency Landfill ID Files At: Operator/Owner/Other Confidence in Location : Fill Material: Regulated : Monitoring : Comments: Sa t,sfi Comment· BAKER PROPERTY 00070-0 000328 Ara pahoe County CO Old Landfrlls "This list identifies known or suspected landfills or illegal dumps The lrst was assembled in 1998 from older fries AR-075 TCHE-E WASTE MANAGEMENT, IN C.I I HIGH (BASE D ON ADDRE SS) TRANSFER STATION Y ES AIR : NO . GROUNDWATER: NO METHANE : NO. L EACHATE : NO. LETIER IN FILE REQUESTING GE NERAL OPERATING STATEMENT . TCHD LETIER ESSEN TIALLY STATING TH AT THERE HAD BEEN NO PROBLEMS OR COMPLAINTS CONCERNING THE OPERATION . Mapped by Tri-County Health Dept 2124 WEST CHENANGO AVENUE , LITTLETON, CO Maptt t,, -0.00 mile Voluntary Cleanup List • Source 115/ CO VCL VCUP Satisfi 10: 00115-00004 74 COPHE Site#: COM000002995 Apphcahon #: VA-00474 CDPHE Contact FONOAAPOSTOLOPOULOS Apphcahon Date 14-MAR-05 Apphcatron Type VOLUNTARY CLEANUP Dec1s1Q11 : APPROVED Rem Complelron Due 04 ,APR-07 Sub t S.te Ox Bow . North ol Belleview Ave & Zuni St . Littleton CO C,2007 . Sahsfi Inc• 720-200 -9473 • Repon # 10 286 •1118/07 9 33 ' r t I i I P11ge 11 ot 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Olher Is sues Acreage : BAKER PROPERTY UPDATE 113 2124 W. CHENANGO AVENUE , LITTLETON, CO Map# t> -0.00 mile No Acllon Delermlna1ion · Source 115/ CO VCL VCUP Salisfi 10: CDPHE Site#. Apphcalion #. CDPHE Conlact: Applicalion Dale : Applicalion Tvpe : Deci sion: Rem Completion Due: Olher Issues: S SANTA FE U.PUMP-IT 00115-00004 90 COM000002995 VA-00490 FONDA APOSTOLOPOULOS 16 -JUN-05 NO ACTION DETERMINATION APPROVED No Rem Completion Due Date Repor1ed CLOSURE 4921 S SANTA FE, LITTLETON, CO, 80120 Map#t> -0.05 mile SE Regia1ered Tank. Source 127/ TANKS Salisfi 10: Facility ID: Owner : Tank Delails: 1 Tank Delails. Tank Delails . 00127-0010988 11309 1851 -PEERLESS TYRE COMPANY . 5000 K IN GSTON ST , DENVER. CO . 80239 11309· 1 12000 gal. UST Content s: Gasoline S1atu s: CLOSED 11309-2 12000 gal. UST Contents : 4 -Diesel Sla1us : CLOSED 11309-3 6000 gal. UST Contents : Gasoline Status . CLOSED SOUTH SANTA FE U.PUMP-IT 41121 8 SANTA FE, LITTLETON , 10120 Map#t> --0 .05 mile SE Tank Leak · Source 128/ Tank Leaks SalisfilO: Evenl 10 : Dale Repor1 ed : File Slalus: 00128-0003982 4250 5/4/94 Closed GENERAL AR SERVICE & SUPPLY 4101 S SANTA FE DR, LITTLETON, CO, 80120 Map#t> -0 .06 mile NE Regls1ered Tank. Source 127/ TANKS , Sa1isfi ID : Fac,lily 10 : Owner· Tank Oe1 a,1s : COASTAL MART #1229 00127-0016475 17427 24 89 • GENERAL AIR SERVI CE & SUPPLY , 1105 ZUNI ST , DENVE R CO, 80204 17427-1 0 gal . LPG Contents · LPG Statu s. OPEN 4970 8 SANTA FE DR , UTTLl!TON, CO, I0120 Suhjecl Site · Ox Bow, Nonh of BeNelllew Ave & Zuni SI , Lllllek>n CO l'.>2007 . Satisfi Inc• 720-200-9473 • Report #S302286 •1/18/07 9 33 Page 12 of 48 i f· I Detailed Findings -Mapped Sites (Cont.) (Cont.) Registered Tank . Source 127/TANKS Salisfi ID: Facility 10 : Owner : Tank Del ails : Tank Details : Tank Details : Tank Details : PESTERf226 00127 -0 009250 9509 1235 · COASTAi. MART INC. 9 GREENWAY PLAZA STE 2086 . HOUSTON , TX . 77046 9509 -1 10000 gal. UST Conlenls . Gosohne Status CLOSED 9509-2 3000 gal. UST Contents . Gasoline Status CLOSED 9509-3 3000 gal. UST Contents · Gasoline Status CLOSED 9509-4 4000 gal UST Conlenls : 4 • Diesel Status. CLOSED 4970 S SANTA FE OR, LIITLETON, 80120 Map# ... -0.06 mile SE Tank leak · Source 128/Tank leaks Salisfi 10: Allernale Fa ci lity Name: Event ID : Dale Reported : File Status · COOT 00128-0002419 COASTAL MART #1226 2599 4119194 Closed 4960 S SANTA FE DR, LITTLETON, CO, 80120 Map#..,_ -0.06 mlle SE Registered Tank · Source 127/TANKS Salisfi ID: Facility ID: Owner: • Tank Delails: 1 i ank Details. Tank Details: Tank Del ails: COOT 8 SANTA FE SITES 00127-0007484 7700 1255 · CDOT , 4201 E ARKANSAS AVE RM 284, DENVER . CO . 80222 i700 -1 2000 gal. UST Contents. Ga soline Slalus: CLOSED 7700-2 999999999 gal. UST Contents Gasohne Slalus CLOSE D 7700-3 999999999 gal. UST Contents: 6 -Used 011 (Waste O il) Status· CLOSED 7700-4 99999'J999 gal UST Contents: Gasoline Slalus CLOSED 4960 & 4170 & 5240 S SANTA FE DR, LITTLETON , 10120 Map# ... -0.07 m ile SE Tank Leak • Source 1281 Tank Leaks Satisfi ID : Evenl 10 : DAie Reportr.u · File Status · MOBILEASSO 00128-0004 564 4875 2/13191 Closed 4MO S SANTA FE , LITTLETON, CO, 10120 Map# .. -0.08 mile SE Regiatered Tank. Source 127/TANKS Satosf1 IO : Facility ID : Ownor: Tank De1a11 001l7-0016579 17532 10523 · LPO UNKNOWN OWNER , DIVISION OF Oil & PUBLIC SAFETY . DENVER . CO . 80202 17532· t O gal . LPG Cont nts · LPG Slatu OPEN Subject Site · 0• Bow , North al BeMev,ew Avo & Zuni St , Littleton CO e 2001 . Sat,sfi tnc • 720-200-9473 • Report #S302286 •1/18/07 9 33 I- Detailed Findings -Mapped Sites (Cont.) U-HAUL 1 41418 SANTA FE DR, LITTLETON, CO, 10120 Map# ... -0.08 mile NE Registered Tank -Source 1271 TANKS Sallsfi ID : Facility ID : Owner: Tank Details : COOT LITTLETON 00127-00164 76 17428 19523 · LPG UNKNOWN OWNER . DIVISION OF OIL & PUBLI C SA FETY . DENVER. CO. 80202 17428-1 0 gal. LPG Contents : LPG Status . OPEN 4800 8 SANTA FE DR, LITTLETON, CO , 80120 Map# .. -0.08 mite NE ':legistered Tank • Source 127 I TANKS Satisfi ID: Faci lity ID: Owner: Tank Delo1is : Tank Details : COOT LITTLETON 00127-0007271 7481 1053 • COOT, 5640 E ATLANTI C PL. DENVER. CO , 80224 7481 -1 10000 gal. UST Contents : 4 · Diesel Status : CLOSED 7481 -2 1000 gal. UST Co ntents : 4 · Diesel Status : CLOSED 4800 6 SANTA FE DR, LITTLETON, 80120 Map# ... -0.08 mlle NE Tank Leak -Source 1281 Tank leaks Salisfi ID: Event ID : Date Report ed : File Status : CDOT LITTLETON 00128-0002903 3109 712 5/94 Closed 4900 8 SANTA FE DR, LITTLETON , 10120 Map# ... -0.08 mile NE Tank Leak -Source 1281 Tank Leaks Salisfi ID: Event ID: Date Reported · File Status : 00128-0002926 3 135 3/13192 Closed COLORADO DEPT OF HWYS • LITTLETO 4900 S . SANTA FE MP 205.0 1, LITTLETON, CO 80123 Map# ... -0.12 mlle NE Conditionally Exempt SmaU Quantity Genora l or • Source 1141 RCRIS Salisfi ID: RCRA Handler ID , Contact: Owner. RCRIS Activity RCRIS V1olalion s U-HAUL 00114-0004738 C00983772997 ORVILLE RHOADES 5640 EAST ATLANTIC PLACE . DENVER. CO 80224 3037579514 COLORADO DEPT or HWYS 20 -MAY -1993 · Cond111onally E •empt Generator Acliv1ty None 5050 S SAN TA FE, ENGLE WOOD , CO, I0110 Subject Sit O• Bow. North of Bellav-Ave & Zuni SI . liflieton CO C>2007 . Satisfl Inc• 720 ·200 903 • R8l>Or1 #$302286 •111&107 9 33 Page 14 of 48 Detailed Findings -Mapped Sit~s (Cont.) (Cont.) Registered Tank. Source 1271 TANKS Satisfi ID: Facility ID · Owner: Tank Details : ALL AMERICAN JEEP 00127 ·0015630 16565 19824 · U-HAUL. 5050 S SANTA FE . ENGLEWOOD . CO . 80110 16 565-1 0 gal. LPG Contents : LPG Status OPEN 5080 8 . BANTA FE , Lint.ETON, CO 80120 Map# l>- -0 .08 mile SE See RCRIS Activity below • Source 114/ RCRIS Salisfi 10 : RCRA Handler ID: Owner : RCRIS Activity : RCRIS VIOiations : COLORADO DEPT OF HWYB 00114 -0001631 C00088451802 WILKIE L DUDDEN 09-JAN -1 987 . Not a Generator None 5084 SOUTH SANTA FE DR, LITTLETON, CO 80120 Map# ... -0.09 mile SE See RCRIS Activity below • Source 1141 RCRIS SatisfitO : RCRA Handler tO · Contact : Owner: RCRIS Activity : RCRIS Violat ions : 00114 -0004971 COD983773813 JAMES PAVLMENO 4201 EAST ARKAMSAS AVE DEN VE R CO 80222 3037579787 STATE OF COLORADO DEPT OF HWYS 29-JAN -1991 -Not a Gencra101 None , CENTENNIAL U HAUL CENTER 50IO S SANTA FE DR, LITTLETON, CO, 80120 Map# ... -0.10mile SE Reg istered Tank · Source 1271 TANKS Salisfi tO · Faci61y ID: 00127-0004452 4581 Owner: Tank Details : 1255 • COOT , 4201 E ARKANSAS A VE RM 284 , DENVER , CO. 60222 4561 -1 10000 gal. UST Cont1:n1 s. Gasoline Status CLOSED CENTENNIAL U HAUL CENTER 5090 8 SANTA FE OR, LITTLETON, 80120 Sallsfl ID: Event ID . Date Reponed · File Status RIO GRANDE GARAGE 00128-0001607 1720 116/92 Closed 5021 8 RIO GRANDE AVE , LITTLETON, CO, 10120 s ,, ,,,o 0012 7 -0004 386 Sub1 cl $rt O• Bow North ol B lleview Ave & Zun, St L,n ton CO c,;2007 , Sa ll 11 lnc • 720-200-9473 • R port tS302286 •1 11 8'07 9 33 Map# ... -0.10 mile SE Tank Leak. Source 1281 Tank Leaks Map# ... -0 13 mile SE Registered Tank . So1Kca 1271 TANKS Detailed Findings -Mapped Sites (Cont.) (Cont.) FaciMty 10: Owner 4514 8025 · QWEST SAFETY & ENVIRONMENT. 1855 S FLATIRON CT . BOULDER. CO. 80301 4514 ·1 2000 gal . UST Conlents : Gasoline Slalus: C LOSED Tank Oelails. Tank Oe1a1ls : 4514 -2 6000 gal. UST Conlenls : 1 · Unleaded Regu la r (RUL) Slalus C L O SED RIO GRANDE GARAGE 5021 S RIO GRANDE AVE , LITTLETON, 80120 Map# IJ> ·O. 13 mile SE Tank Leak· Source 126/ Tank Leaks Salisfi 10: Event ID Dale Reported: ne Status: THE ELECTRON CORP 00128--0008972 10209 9/28106 Closed 5101 S RIO GRANDE , LITTLETON, CO, 80120 Map#IJ>, -0. 17 mile SE Registered Tank. Source 127/ TANKS Satisfi ID: Faci lity ID: Owner: Tank Oelalls. Tank Details : ELECTRON FOUNDARtES 00127-0007181 7388 12G · ELECTRON CORP. 9 E 4TH ST STE 605, TULSA. OK. 741 03 7388·1 1000 gal. U ST Contents 4 · Die sel Status : C LOSED 7388 -2 1000 gal AST Contents: 4 · D iesel Statu s : C LOSED 5101 S RIO GRANDE, LITTLETON, 80120 Map#IJ> -0.17 mile SE Tank Leak . Source 128/ Tank Leaks Satisfi 10: Event 10: Date Reported: File Status: ELECTRON CORP 00128,00064 22 6952 1012 1198 Closed 5101 S RIO GRANDE. LITTLETON, CO Map# ... -0 .18 mlle SE Emergency Response Nollficalion System (ERNS) • Source 105/ ERNS Salisfi 10 NRC Report# FOIA Year-ID #· lnetdenl Dale. Responsible Party Material II Quantity: Media Impacted : Waterway Impacted· OescnptK>n of In cident M1 scet1aneous 00105-0000525 NOT REPORTED 88 -18004 2/24 188 ELECTRON CORP LIQUEFI ED NA TURAL GA 11 9600 G AL AIR W ATER PL ATIE RIVER rlRE INPOUNOING 270 MG/ FIRER (SPECIFY) "AREA. CLOSE TO PLATTE RIVER . SOME MAGHAVE GOTIEN FORMER FIRE SOMENAPOR RELEASE" Sob,oct S11 O• Bow , North of Belleview Ave & Zuni SI, L1ttlelon CO ~12007 , Sat11fi Inc• 720 ·200 94 73 • R port #S302286 •1 /18/07 9 33 I t Pa 1 ot Detailed Findings -Mapped Sites (Cont.) INCIOeNT 5101 SOUTH RIO GRANDE AVE , UTTl.ETON, CO Map# ... -0.1B mile SE Sallsfi ID: NRC Report#: FOIA Year-ID# lncidenl Dale : Responsible Parly: Malena! II Ouanhly: Medoa ln,pecled : 1 Waterway lmpacled: Description of lncodenl: Actoons Taken : ELECTRON CORP 00105-0000592 NOT REPORTED 88 -10789 6/27/88 Not Reported Emergency Response Notification System (ERNS) -Source 1051 ERNS PCB OIL 200 PPM 111000 GAL LAND CONCRETE FLOOR "TRANSFORMER/FIRE.(UNK CAUSE) RESUL TEO IN AN EXPLOS AND SPILL TO VAULT AREA" NO CLEAN UP DONE BECAUSE OF CONTINUED POWER LOSE T 1101 I RIO GRANDE ST, LITTLETON, CO 10160 Map# .. -0.18 mite SE Salosfi ID: RCRA Handler ID Contact Owner: RCRIS Activ lly · RCRIS Activity : o RCRIS Achvlty RCRIS Violalion · LITT\.ETON ELECTRON 00114-0001013 C00007064967 See RCRIS Activity below · Source 114/ RCRIS WILLIAM-C BOLSINGER PO BOX 318 , LITTLETON . CO 80160 3037944392 FRANK L TETTEMER 14-MAR-1990 · Small Ouanloty Geneoato, Acto voty 15-FEB-1994 -Small Quanhly Generatoo Act1v 11y 13-SEP -2002 -Nol a Generator 01-APR-1988 -GENERATOR-ALL REQUIREMENTS (OVERSIGHT). Com lied : 1 O-SEP-1988 1101 a. RIO GRANDE, LITTLETON, CO Map# ... -0.18 mile SE Voluntary Cleanup List • Source 1151 CO VCL VCUP Salisfi 10 : COPHE Site#: ' Apf)licalion #. COPHE Contact Applocahon Date Applocat ion Type . Deco sion : Rem Comptahon Due . Other Issues: LITTLETON ELECTRON 00115-0000364 COM000002837 VA-00364 ANGUS CAMPB ELL 27-MAR-03 VOLUNTARY CLEANUP WITHDRAWN No Rem Complellon Due Date Reported PCS 5101 I . RIO GftAHOE, LITTLETON, CO Mapt ... -0.18 mile SE No Action Determlnaloon · Source 1151 CO VCL VCUP Sahsfo ID COPHC S1 1ell. Appl IIOfl * 00115-0000375 COM000002837 V A-00375 Sub1 I Sot O• Bow, North of Belleview Av & Zuni SI Lin 10n CO 2007 sa1111o Inc• /20-200 9473 • Repon #SJ 2286 • 1118,07 9 33 - 17 "' 4 Detailed Findings -Mapped Sites (Cont.) ccont.) CDPHE Contact Application Date : Application Type : Decision: Rem Completion Due . KNOWN LANDFILL ANGUS CAMPBELL 03-JUL-03 NO ACTION DETERM INATI ON APPROVED No Rem Completion Due Date Reponed BOUNDARIES: N; AND E: S. PLATTE RIVER; S: W . UNION AVE ., CITY NOT REPORTED, CO Map# .. -0.13miteNW SatisfitD· Source Name Source Description Agency Landf,11 ID : Towns hip Range Section : Confidence In Location- Site Type : Fill Material: Comments · Satisfi Comme nt . Waste or Fill Site • Sourc:o 701 CO Old Landfilll 00070-0000826 Denver CO Old Fill Sites "From a list of sites identi fied in 2000 usi ng old ftles 290 5S-68W-08NE HIGH KNOWN LANDFILL . CONFIDENCE IN TH IS IN FO : HIGH . DOMESTIC RE FUSE . NO. CONSTRUCTION DEBRIS : YES . LIQUIDS NO HAZARDOUS WASTE : NO . INDUSTRIAL WASTE : NO. TREES . UNKNOWN : NO. DEMOLITION DEBRIS & OTHER ORGANIC MATERIAL LABELLED AS A "DUMP" IN THE SOIL SURVEY CONFIDENCE IN THI S INFO : MEDIUM . METHANE PRESENT . YES 4% TO 32% GAS BY VILUME. NO APPRECIABLE METHANE MIGRATION LEL ON WEST SIDE : 30% TO 50% CONFIDENCE IN THIS INFO: HIGH Mapped by Cily and County of Denver WASTE MANAGEMENT OF DENVER SOUTH 2400 W UNION AVE, ENGLEWOOD, CO, 80110 Map# .. -0.09 mile NW SatisfilD: Fac1hty ID • Owner· Tank Details : Ta nk Details : Tank Details: Tank Dela1ls : Tank Details · Tank Do tails Tank Details . Tank Details Tank Details 1 ank Details Tank Details Tan~ De tails 1 ank Details 1 an~ De tails Regislen,d Tank -Source 1271 TANKS 00127-0009069 932 5 7534 • WASTE MANAGEMENT OF DENVER SOUTH . 2400 W UNION AVE . ENGLEWOOD. CO . 80110 9325. 1 12000 gal. UST Cont ents . 4 -Diesel Status : CLOSED 9325-10 1000 gal. AST Contents : 7 -Lube Oil Status : CLOSED 9325-11 2000 gal. AST Contents: Z Other Status · CLOSED 9325· 12 1000 gal AST Contents : Z Unknown Status : CLOSED 9325-13 1000 gal AST Contents Z Unknown Status. CLOSED 9325-14 1000 gal . AST Contents: Z Unknown Status · CLOSE D 9325 -2 12000 gal UST Contents 4 · Diesel Status . CLOSED 9325-3 4000 gal. UST Contents . Gasoline Sta1us · CLOSED 9325-4 1000 gal UST Contents Z Unknown Status : CLOSED 9325 -5 1000 gal UST Contents Z Unknown Sta tu s CLOSED 93 25-6 1000 gal UST Conten ts· 6 • Used 0,1 (Waste Oil) Status 9325-7 10000 gal AST Contents · 4 -Diesel Status· OPEN 9325 -8 10000 gal AST Contents 4 . Diesel Status OPE N 9 25-9 1000 gal AST Contents 7 . Lube 011 Status OPEN CLO SE D Subt ct SIi e Ox Bow . Nor1h o l B llevoew Av & Zuni St, Littleton CO 2007 . Sat, lo Inc • 720 200 · 4/3 • R por1 #$JO 28 •1 /18/07 9 33 Detailed Findings -Mapped Sites (Cont.) COLORADO DISPOSAL INC 2400 W UNION AVE, ENGLEWOOD, 80150 Sallsfi ID : 00128-0000327 Event ID : 346 Dale Reported : 6/9/94 File Status : Closed Map# I> -0.09mlleNW T anl< Leak -Source 128/ Tank Leaks COLORADO DISPOSAL INC Map II I> 2400 W UNION AVE, ENGLEWOOD, 80150 Salisfi ID: Event ID : Dale Reported: File Status: WASTE MANAGEMENT 00128-0000343 364 1/10/92 Closed 2400 W UNION AVE, ENGLEWOOD, 80110 Sallsfi ID: Evenl ID : Dale Reported FIie Status · Denw,r W•le Tranafer 00128 -0006802 73 94 4112199 Closed 2401 -2405 W. Union, Englewood, CO 10110 Sat1Sfi 10: 00125-0000559 Source Name: CO Rece nt Waste SIies -0.09 mile NW Tank Leak· Source 128/Tank Leeks Map# ... -0.09 mile NW Tank Leek -Source 1281 T enk Leaka Map# ... -0.10 mite NW Waste or Fnt Site · Source 1251 CO COPHE Landfills Source Description. "T his hst includes sohd waste fecihties that have been permitted by the state end may be open or closed . Satisfi checks for new ti slings every 90 days. From CDPHE • Colorado Department of Public Heahh & Environment Agency Landfill ID: 999-ZZZ-070 Site Type : uz WASTE MANAGEMENT OF COLORADO 2400 W UNION, ENGLEWOOO , CO 10150 Map#.,_ --0 .11 mile NW Conditionally Exempt SmaN Quantity Generator -Source 114/ RCRIS SalisfilD: RCRA Handler ID Contact: Owner . RCRIS Act1v1ty RCRIS V1olatt0ns : 00114-0001602 COD054308762 PAUL WUTHRICH PO BOX 1238, ENGLEWOOD CO 80 150 3037971600 WASTE MANAGEMENT INC 15 -NOV -1994 · Con ditionally Exempt Generator Ac11v11y None ENGLEWOOD TRANlffill STATION 2'80 W UNION AV , ENGLEWOOD , CO SubJect Srte Ox Bow Nonh of Betlev-Ave & Zun, St Lin ton CO 2007 Sat"'' Inc• 720 200 73 • Repor1 #S3022 •1 118'07 1133 U.,p# ... -0.11 mile NW p Detailed Findings -Mapped Sites (Cont.) (Cont.) Salisfi ID: Source Name Source Descri ption Operalor/Owner/Olher C ontact Phone: Sile Type: Fill Malenal: Commenls: INCIDENT #4441197 Waste or Fill Stte • Source 70/ CO Old Landfills 00070-0000959 CO Old Waste Sil es "In the early 1980's the Hazardous Ma1enals Waste Managemenl D iv1s1on conducted a survey o f staff member:;; and local Agencies The mfo,malion gathered was comp,led 1n 1984 for sites lhal were known 01 lhoughl lo have wasle issues. This info rmation 1s not complele and generally not very dehn1tive or verifiable. Th is data became lho Sohd Was1e H1 slonca1 Dala The dala 1s 1101 maintained and has nol been sine~ lhe lale 1980's The Hazardous Malc nals Waste Management D1 v1sion is no11espons1ble and ~ha ll nul be hable lo lhe u se , tor damages ol any kind arising out ot lhe use ol lh1s data or intormalion " WASTE MANAGEMENT OF COLORADO/ I COLO. DISPOSAL INC 303-797-9085 TRANSFER Sl'ATION RE FUSE HAZARD TYPE . CHEMICAL IMPACT GW 2400 WEST UNION AVE, ENGLEWOOD, CO 80110 Map# .. -0.11 mlleNW Sailsli lD: NRC Repor1#: Incident Dale : Malena! II Ouan111y : Full Repor1 Link · INCIDENT 1537172 00105-0002279 444897 7/7/98 Emergency Reaponn Nolificalion Syslem (ERNS) · Sourco 105/ ERNS HYDRAULIC OIL 11 0 UNKNOWN AMOUNT www mc.uscg mil/reports. cg1/rwcgl60 e,e?loia _bmp•,nr soq •444897 1 2400 WEST UNION AVE, ENGLEWOOD, CO Map# .. -0.11 mile NW Satisfi ID: 1 NRC Repor1 #: Incident Dale: ' Material II Quanilly. Full Report Link: Centennial Parle 2400 Union, Englewood, CO Emergency Reaponte Ncllilclllion Syslem (ERNS) • Source 105/ ERNS 00105-0002823 537872 811/00 UNKNOWN MATERIAL 11 0 UNKNOWN AMOUNT www.nrc uscg .m1Vreports_cg1 'rwcg160 e•e 'lo1a _bn1p•inc _scq•53 7872 Map# .. -<l 11 mile NW Brownf1&1d Managemenl System Sile · SOUftlO 112/ Fadoral Br~ield1 Managomenl Syslom 00112-0000065 Sahsfi ID EPA s,1e L111k hllp ·//o~spub epa gov/env11 0,r,1 r anup bmw n l M'ld . p rofile I p p1lol ld •41 J511 8 54 P.Pr<>P_id:2 Acreage· ENGLEWOOD TRANSFER STATION 2400 W. Union Avenue , Englewood , CO 80110 Salis h ID Sou rce Name 00125-00000J 5 CO R ecent Wa le s ,1 s Sub1ccl S11 O• Bow , N o n h ol Bellev Ave & Zuni SI l 1n1 ton 0 2001 Sat, 1, 1nc , 120 .200 g473, Repon ,s on · 118 07 g n M111>fl .. -0 .11 mile NW Waste or Fill Sile · Source 125/ CO COPHE LMndfllls 0 o l 411 Detailed Findings -Mapped Sites (Cont.) (Cont.) Sou rce Descrip lion · Agency Landfill ID · Operalor/Ownor/Olher : Sit e Contact Contact Ph one · Confiden ce in Loca110n Si te Type : ' Open Date: Close Date : , Satisli Comment : NAME NOT REPORTED "This t,st in cludes sohd waste faci lll ies lhal ha ve been permuted by l he state and may be open or closed Sa11sfi che ck s for new hsh ngs eve ry 90 days From CDP HE . Colorado Depanmenl of Public Health & Environmenl 005 · TRS-005 QPR-WASTE MANAGEMENT OF COLO 3037972400 . OWN-WASTE MANAGEMENT OF COLO 303797 160 0 Bruce Clabaugh . Environmen ta l Hea lth and 303738 -2834 •OR· 30 METERS. CENTRUS TRANS FER STATION 51 1911999 Curren ll y Open Ma pped by Colorado Dep l of Health and Envi ronment 6 . OF W. UNION & E. OF PLATTE RIVER. CITY NOT REPORTED, CO Map# ll'- ·0.18 mile NE 1 Satisf, fD · Source Name· Source Descripti on: Agency Landldl 10. Confidence in Locat ion . Fill Malarial: Regulated . Momtorn,g Conunenls NAME NOT REPORTED Waste or Fill Site · Source 70/ CO Old Landfills 00070-0000 286 Arapahoe Count y CO Old Landfills "This hst 1dent1f ies known or suspected landfills or ille gal dumps The lis l was assembled ,n 1998 from older files AR -032 LOW (BASED ON 1977 TCHD REPORT ) CONSTRUCT ION DEBR IS NO AIR: NO. GROUNDWATER: NO METHANE . NO L EAC HATE. NO NO FILE DATA THE 1977 TCHD STUDY LI STED THE SITE AS "OPEN DEMOLITION " & THE 1983 UPDATE LISTED THE SITE A S A "C LOSED DEMOLITION " LF . WAYNE OAKLEY (SUP . STREETS & TRAFFIC) C ITY OF ENGLEWOOD. SAID THE FILLIN G OF TH IS SANO PIT WAS PRIOR TO AR -39 & 62 . S. OF UNION & W. OF PU. TTE RIVER, CITY NOT REPORTED, CO Map#ll'- ·0.15 mile NE Salisfi 10· So urce N ame Source Description Agency Landfill tD Confidence ,n Loca1 , ri Fill Matenal Regulaled Mornt onng Comments Waste or FIii SIie · Source 70/ CO Old Landfills 00070-0000287 Arap ahoe Counly CO Old Lanrllills "Th is hsl idenl1f1es known or suspecled landfills or illegal dumps The hs1 was ass~mblecJ in I 998 from olde r files AR-033 LOW (BASED ON 1977 TCH D STUDY) CO N ST RUCTION DEBRIS NO AIR NO GROUN DWATER NO METHANE NO LEACHATE NO NO FILE DATA THE 1977 TC HD STUDY LISTED THE SITE AS "OPEN DEMOLITION " THE 1983 UPDATE HAS THE LF ON THE EAST SIDE OF THC PLATTE (ASSUMED TO BC AN ERROR) & LISTS THE LANDFILL AS "CLOSED DEMOLITION " ut> ~001 , ow N t n ol B I vMtw Ave & Zun, St . Litt! Ion CO • ' O 700-0473 • Repon • 0228 •11 18/07 9 33 Pag 21 ot 4/l Detailed Findings -Mapped Sites (Cont.) THE BUSSERVICE INC 4770 S WYANDOT, ENGLEWOOD, CO 80110 Map# Ii> -0.10 mile NE Non-notifier (suspected or operallng without prope -Source 114/ RCRIS Satisfi 10 : RCRA Handler ID . EPA Fac,lily ID . Olher Calcgor1es RCRIS Aclivily: RCRIS Activity: RCRIS Violations · 001 I 4-0003821 COD982591869 Non-Noli fi er (suspecled or operRling w11hout proper aulhorily) 12 -DE C-1 980 . Non-Noliher (su spected or npera ling wi lhout pro pe r autt1 orlty) 12 -DE C -1980 · Nol a Genera tor None CENTENNIAL PARK EXPANSION 2150 W UNION, ENGLEWOOD, CO Map#li> -0.14 mllo NE Voluntary Cleanup List · Source 115/ CO VCL VCUP Satisfi 10 : CDPHE Site#: Application #: COPHE Contact Application Date : Application Type · 1 Deci sion : Rem Completion Due Other Is sue s· Acreage : 00115,0000231 COM000002755 VA -00231 MARK WALK ER 06-JUL -OO VOLUNTARY CLEANUP APPR OVED 24 -AllG-0 2 LANDFILL. BROWNFIELD . RENEW 14 CENTENNIAL PARK EXPANSION 2150 W UNION, ENGLEWOOD, CO Map#li> -0 .14 mile NE Voluntary Cleanup Lisi -Source 1151 CO VCL VCUP Sallsfi ID: CDPHE Sile#: Applicalion #· CDPHE Conlacl: Applicalion Dale . Applica lion Type· Decision- Rem Complelion Due· Other Issues 001 1 5-00003 77 COM000002755 VA -00377 MARK WAL KE R 09 -JUL-0 3 VOLUNTARY <:LEA NUP PENDING No Rem Completion Due Dale Reponed AMEND WEST UNION AVE . LANDFILL W. OF PLATIE RIVER & N. OF W. UNION, CllY NOT REPORTED , CO Map#li> -0.14 mile NE Wast e or FIii Site -Source 701 CO Old Landfills Sa11sr11 0 : Source Name. Source Oescriphon Agency landfill ID Files Al. 00070-0000293 Ar apahoe Counly CO Old Landl1lls "Th is list identifies known or suspected landfills or illegal dumps The hsl was assembled in 1998 from olde r hies AR -039 TCHD -BELLEVIEW Su!>Ject Sile O• Bow . Nonh of Belleview Ave & Zuni SI , Li tllelon CO 1%')2007 Sallsf, Inc• 720 -200 -9473 • Repon #S302286 •1/18/07 9·33 Page 22 of 48 Detailed Findings -Mapped Sites (Cont.) (Cont.I Confidence in Location: Fill Material: Regula led: Monitoring: Comments: W . Union Avenue Landfill HIGH (BASED ON 1977 TC HO MAP ) SANITARY WASTE UNKNOWN bordered by the S. Platte River and W. Union Ave .. City Nol Reported , CO Map# ... -0.14 mile NE Watt• or FIN S"t , Source 70/ CO Old Landfills Salisfi ID: 00070 -5 19 S01Jrce Name: DRCDG Me 1ha 11 St<HJy Source Description: "From a hgt ot s,10 1 u1v 11,0 1 d 111 t II I il l OQH lhtu n,uthHno eono tt,ng landfills by OR COG l he hst ,a not oo,ng uP(IA ted f101n UH -Oonver Reg1on1tl Council ol Govemmonla • Close Dale: not g iven Commenls No 11 1,pr .1tthWj btlttr al ,11,vu ttKJt1 111 ttlf lh '""-' '111 1;1!"1 lrnuw-1 hftra (Nole all information Is c,rca 1981 CENTENNIAL PARK EXPANSION Northeast corner of Union Avenue / "'8118 Riiler , llngll,wootl, CO Map# .. -0 .17 mile NE Brownfield Man811ffl*l( 1,-tem S., Sourct 112/ FtGerlli Brownfields Management Sys m Salisfi ID: 0(1112 , EPA Sole Link . http.lloa pu epA o v,ienvw /bl r luA11111,1 bro w11 t,e ld s1irofile ?p_pilot _id =61006369& p prop od•8 Acreago: 12 , VARIETY LAND8CAPINO INC 2100 W CHINANOO AVII, INOLaWOOD, CO , I0110 Sa1rsl 1ID: 10 700 Map# .. -0. 12 mile NW Registered Tank· Source 127/ TANKS Facility ID· Owner Tank Dotaols . 14 4 · WAYNE PARR, 2800 W CHENANGO AV E. ENGLEWOOD. CO , 80110 107 00 t 5()0() 11111 UST Co11tent• Gasoline Sl;,tu s . CLOSED VARIETY LANOSCA,INO INC 2100 W CHENANGO AVI , IHOI.IWOOD, lt111 Satlslo 10 Event ID. Dato Rcparted Fole Stotu 00128 -000 1 07 t 12 2fJ ON2 Ctoaod OXFORD RECYCLIO AOORIOATII 4500 8 . CLAY IT. IHIIIIOAH , CO !>ubj ct Sitt Q,c Bow . N II o r ltev , w A-. & Zuni St. Littleton CO •2007 S fl fl In<:• 7 0 200 73 • Roport # 302286 • 11 18'07 9 33 Map# .. -0 .12mlleNW Tank Leak · Source 128/ Tank Leaks Map#.,_ -0 .18 mlle NW Waste or Fill SIii! • Source 70/ CO O ld LandnNa P119e 23 ol 48 Detailed Findings -Mapped Sites (Cont.) (Conl.J Sal isfi ID · Source Name: Source Desc11phon Ope,ator/Owne,/Othor Si te Cont act: Conlacl Phone : Township Range t Seclion : Site Type . Fill Material · 1 Size (acres): Mon1toril19 . Comrnents . NAME NOT REPORTED 000 70-0000964 CO Old Waste Sites "In the early 1980's the Hazardous Materials Was te Management Div1sio~ con ducted a survey of staff members and loca l Agenc ie s. The Information gathered was compiled in 1984 for sites that were known or l houghl to have waste issues . This information is not complete and generally not ve ry definil ive or ve rifiable . This data became th e So lid Waste His torica l Data . The data is not mainla ined and ha s nol been sin ce the late 19SO's. The Haz ardous Materia ls Wasle Manage ment Divisio n is nol resp onsible and shall not be liable to th e user for damages of any kind arising out o r the use of th is data or informat ion ." OXFORD RECYC LED AGGREG AT ES / OXFORD RECYCLED AGGREG ATES / EDWIN HAIDER 303 -797-1689 T5S R68W SE 5 TIRES FLY ASH : NO . BI OMEDICAL : NO ASBESTOS : NO. 88AC GROUNDWATER : NO . METHANE . NO . LIN ER: NO . LEACHAT E COLLECTION : NO. ATIENDED· NO. METHANE RECOVER Y: NO . COVERED DAILY : NO. OPEN BURNING : NO . WASTE IMPOUNDMENT NO LEACHATE : NO. SL UDGE POND: NO. TIRE PIL ES : YES 8 . OF W . RADCLIFF AVE ., E . & N . OF PLATTE RIVER ., CITY NOT 1 REPORTED, CO Map# ... -0.17 mile NW SalisfilD Source Name · Source Descriphon : Agency Lan dfill ID: Confidence in locatKJn FHI Material: Regulated : Moni toring : Comments: Salis!, Comrnonl. ENGLEWOOD IIIIENTA L Waste or FIii SIie • Source 70/ CO Old Landfllls 00070 -0000317 Arapahoe Co unly CO Old landfills "This lisl idenlifies known or suspecled landfills or illegal dumps . The hst was assembled in 1998 from older file s AR -062 HIGH (BASE D ON 317 1 SO IL SU RVEY) UNKNOWN UNKNOWN AIR : NO GROUNDWATE R. NO METHANE · NO LEACHA TE : NO "DUMP" SHOWN ON SHEET # 32 OF THE MARCH 1971 SO IL SU RVEY or ARAPAHOE COUNTY . COLORADO . SHEET# 32 ALSO INDI CATED "DUMP" TO THE SOUTH WHICH COINCIDES WITH AR -39 SITE CONFIRM ED BY CHIEF SAMPLE OF SHER IDAN & MR WAYNE OAKLEY OF CITY OF ENGLEWOOD. Mapped by Tri -County Hcolth Dept 4117 S SANTA l'E , l!NGLl!WOOO , CO, 10110 Sall 11 ID 1 F~ 1hty ID 1 Own r To nk Doto1l1 00127 ,0015970 16918 Registered T•nk . Sourc. 127/ TANKS 19523 · LPG IJNKNOWN OWNE R . DIVISION OF Oil & PUBLIC SAFETY DENVER , CO. 80202 16918 I 1200 gal LP G Con lenl s. LPG Status OPEN ub1oe1 S11e 0• Bow North ol Bellev,ew Ave & Zurn St . L1ttlelon CO 2007 IIIISfi In c • 720 -200 9473 • R rt #5302286 •1/18 7 9 33 Detailed Findings -Mapped Sites (Cont.) ALL AMERICAN RV STORAGE 4747 S SANTA FE OR, ENGLEWOOD, CO, 80110 Map# .. -0.16 mlle NE Registered Tank -Source 127/ TANKS Sal isfi ID: 00127-0016093 F acili ly ID . 1 704 3 Own er: 19523 -LPG UNKNOWN OWNER. DI V ISIOIJ OF OI L & PUBLI C SAFE T Y, DENVER. CO. 60202 · ' Tank Details : 17043-1 500 gal. LPG Co nt en ts : LPG Slalus : OPEN CSP· LITTLETON #49132 Map# ... 4800 S SANTA FE OR , LITILETON , CO, 80120 -0 .17 mile NE Registered Tank -Source 127/ TANKS Satisfi ID : Facility ID : Owner · Tank Details : 00127 -0002816 29 13 1459 -COLORADO STATE PATROL . 4201 E ARKANSAS AVE . DENVER . co. 80222 2913-1 10000gat. UST Contents : Gasoline Status : CLOSED ALL AMERICAN RV STORAGE 4775 S SANTA FE OR, ENGLEWOOD, CO, 80110 Map# .. -0.17 mlle NE Registered Tank -Source 127/TANKS Sallsfi ID : Facility ID : Owner : Tank Details: R B R MANAGEMENT INC 00127-0015958 16906 19523 -LPG UNKNOWN OWNER. DIVISION OF OIL & PUBLIC SA FE TY , DENVER , CO, 80202 16906-1 1000 gal. LPG Contents : LPG Status : OPE N 2700 W UNION, ENGLEWOOD, CO, 80110 Map# ... -0.24 mile~ Reglalered Tank · Source 127/ TANKS Satisfi ID : Facility ID : 00127-0004967 5107 Owner: Tank Details : 5042. RB R MGT INC . 2700 W UNION BLVD , ENGLEWOOD . CO . 60110 5107 -1 500 ga l. UST Contents : Z Unknown Status : CLOSED ~SH_C_O-NC_R_ET_E-------------------------------:Map:-:----:#:-: ... -- 2600 W UNION, ENGLEWOOD, 10110 -0. 15 mlle NW Salisfl ID : Event ID . 1 Date Repor1ed : File Stat us : SEAL -TECH INC 00 I 28 -0005099 5441 4125/91 Closed 2840 W UNION AVE, ENGLEWOOD , CO , 10110 Sati&II ID : Facility ID : 00127 0015803 16745 Subject Site : Ox Bow. Nor1h of Belleview Ave & Zuni St , Li"lelon CO ~2007 , Sa 11sfi In c • 720 -200 -9473 • Report #S302286 •1 /18/07 9 33 Tank Leak -Source 1281 Tank Leake Map# .. -0.16 mile NW Reg istered Tank . Source 127/ TANKS Page 25 ol 48 Detailed Findings -Mapped Sites (Cont.) (Cont.I Owner : Tank Details : Tank Deta ils: 195 23 · LPG UNKNOWN OWNER. DI VISION OF OIL & PUBLIC SA FET Y, DENVER . CO . 80 202 1674 5·1 1000 gal . LPG Contents : LPG Status : O PEN 1674 5-2 1000 ga l. LPG Con te nts : LPG Status . O PEN VACANT BUILGING AND LOT 2650 W UNION AVE, ENGLEWOOD, CO, 80111 Map# .. -0.16mlleNW Reglslered Tank -Source 127/ TANKS S,,tisfi ID · 1 Fa rJ lity ID : Owner : Tank Deta ils Tank Delail s Tank Delails: KLOOE TOWING 00127-000478~ 4923 4893 · DELBERT & MARGARET BU SS ARD . 7090 S WIND SO R ST , LITTLETON , CO . 80123 4923 -t 550 gal. UST Conlents: 6 · Use d Oi l (Was te Oil) Sl atu s: CLOS ED 4923 -2 2000 gal UST Co nl ent s : Ga soline Status . CLOS ED 4923-3 200 gal. UST Contents: 6 · Used 011 (Waste Oil) Status: CLOSED 2850 W UNION, ENGLEWOOD, 10110 Map# .. -0.16 mtle NW Tank leak -Source 128/ Tank leaka Sal isfi ID : Event ID : Date Reported : Fil e St alus . 00128-00048 70 5204 8/1 3/90 Closed ROCKY MOUNTAIN STRUCTURES 2800 W UNION, ENGLEWOOD, CO, 80110 Satisli 10 : • Facility ID : 00127-0011678 12111 Map# II> -0.18 mile foNi Registered Tank-Source 127/TANKS Owner: 16188 · ROCK Y MOUNTAIN STRUCT URES . 2600 W UNION , ENGL EWOOD . C0,80110 Tank Deta ils : No Tanks Reported KLODE SALVAGE 2700 W UNION AVE , ENGLEWOOD , CO , 80110 Salisfi ID: Fac1 hty ID : 00127 -00 114 86 11883 Reg isle red Tank -Source 127/ TANKS Owner. 17505 • RBR MANAGEM ENT. 2650 W UNION AVE . ENGLEWOO D . CO. 80110 Tank De tails : No Tanks Rep ort ed , KLODE SALVAGE 2700 W UNION AVE , ENGLEWOOD , 80110 Sal is tl ID : Even t ID . 00128-0001803 1934 Su bject Site Ox Bow North ol Belleview Ave & Zuni SI. Li tt le ton C O «l2007 . Satisll Inc• 720 -200 -94 73 • Report #$302286 •1/18 /07 9 :33 Ta nk Leak · p Detailed Findings -Mapped Sites (Cont.) (Cont.) Dale Reported : FIie Status : BUSSARD PROPERTY 12/18/90 Closed 2850/2880 W UNION AVE, ENGLEWOOD , CO 80110 Map#~ -0 .21 mile NW Subject to Corrective Action -Source 114/ RCRIS Salisli ID· RCRA Handler ID : Olher Categories : CORRACT Event: CORRACT Event: CORRACT Area : RCRIS Activity : RCRIS Activity : RCRIS Violations : KLODE TOWING 00114 -0006633 COR000002212 Non -Notifier (suspected of operating without proper authority) 01 -JUL-1997 • Area of Concern Ot-JUL-1997 · RFI IMPOSITION ENTIRE FACILITY 22 -SEP -1995 · Non-Notifie r (suspected of operating without proper authority) 22-SEP-19 95 · Not a Generator None 2850 W UNION, ENGLEWOOD, CO, 80110 Map#~ -0.21 mile NW Reg1slered Tank· Source 127/TANKS Facility ID: Owner: Tank Details : KLODE SALVAGE 00127 -0013395 14139 17032 · KLODE TOWING . 2650 W UNION , ENGLEWOOD . CO. 80110 No Tanks Reported 2650 W UNION , LITTLETON, CO, 80123 Map#~ -0.21 mile NW ReglStered Tank -Source 127/ TANKS Salisfi ID : F acllity ID: Owner: Tank Details : , 2CMSCORP 00127-0013409 14153 17627 • KLODE SALVAGE , 8300 BLACKLAND DR . LITTLETON , CO. 80125 14153-1 200 gal. UST Co ntents : 6 · Used Oil (Waste Oil) Status: CLOSED 2CM5 W UNION BLVD, ENGLEWOOD , CO, 80110 Map#~ -0. 17 mile NE Registered Tank -Source 127/ TANKS Sat1sfi ID· Facility ID: Owner: Tank Details: 00127 -0008890 9144 5459 • 2045 CORP . 2045 W UNION BLVD. ENGLEWOOD. CO . 80110 9144 -1 2000 gal. UST Contents : 4 • Diesel Status : OPEN Tank Details 9144-2 2000 gal. UST Contents . 1 · Unleaded Regular (RUL) Stutus . OPEN ELCO DRILLING CO 2011 W UNION AVE, ENGLEWOOD, CO, 10110 Sallsfi ID: 00127 -0002247 SubJect Si ta . O• Bow, North ol Balleview Ave & Zuni St. L1nlaton CO CJ2007 . Sallsfl Inc • 720 -200-9473 • Report #5302286 •1116/07 9 ·33 Map#~ -0.18 mile NE Reglater9d Tank· Source 127/ TANKS - Page 27 of 48 Detailed Findings -Mapped Sites (Cont.) (Cont.I Facility 10 : Owner: Tank Details : Tank Details : Tank Details : ELCO DRILLING CO 2323 2070 · ELCO DRILLING CO. 2011 W UNION AVE . ENGLEWOOD . CO . 80110 2323 -1 2000 gal. UST Contents· Gasoline Status. CLOSE D 2323 -2 2000 gal. UST Conten ts: Gasoline Statu s. CLOSED 2323 -3 2000 gal UST Contents : 4 -Diesel S1a1us . CLOSED 2011 W UNION AVE, ENGLEWOOD , 80110 Map# IJ> -0.18 mile NE SatisfilD: Event ID : Date Reported · FIie Status: 00128-0006399 6928 10/15198 Closed Tank Leak · Source 1281 Tank Leaks PAR ELECTRICAL CONTRACTORS INC Map# IJ> -0.18 mile NE 2045 W UNION AVE, ENGLEWOOD , CO 801105568 SallsfilD: RCRA Handler 10 : EPA Facility ID: Contact: Owner: RCRIS Activity: RCRIS Violations : 00114 -0000724 C00004775474 See RCRIS Activity below · Source 1141 RCRIS WALL Y WARD W UNION AVE . ENGLEWOOD . CO 801105568 3033660127 UNION POWER CONST CO 12 -JUL-2 000 ·Nola Gen erator None CLASSIC CRUl81N PAINT INC Map# ... -0.21 mile NE 1952 WUNION B7, ENGLEWOOD, CO 80110 SatisfilD: RCRA Handler ID: EPA Facility ID: Contact Owner· RCRIS Activity RCRIS Violations : 00114-0000294 C00000077115 Conditionally Exempt Small Quantity Generator • Source 114/ RCRIS TOM AL.T ON 1952 W UNION 87 , ENGLEWOOD, CO 60 11 0 3037610955 TOM ALTON 13-DEC -1993 -Conditionally Exempt Generator Activ,ty None ~P_R_O_F_E_S_S_IO_N_A_L_A_U_T_O_Bo-ov-,N-C------------------------.,.,M,-ap_#,,.,._ ... - 1152 WUNION AVE 84, ENGLEWOOD , CO 8011011209 -0.21 mile NE Satisfi ID : RCRA Handle, ID EPA F acih ty ID Contact Owner· 00114 -0006 267 C00983793407 Conditionally Exempt Sm,n Quantity Generator · Source 114/ RCRIS ROSS SWANSON W UNION AVE 64 , ENGLEWOOD , CO 801108209 3037415231 ROSS SWANSON Subject Sile Ox Bow. North of Belleview Ave & Zuni St , Littleton CO Q 2007 . Salisfi Inc • 720 -200-9473 • Report #S302286 •1 118/07 9 33 P•ge 2 ol 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) RCRIS Activity : RCRIS Violations: 09-JUN-1992 · Cond itionally Exempt G enerator Aclivit y None REFRIGERANT RECLAMATION INC 1950 W UNION AVE UNIT A-14 , ENGLEWOOD, CO 80110 Map#l>- -0 .21 mile NE See RCRIS Activity below -Source 1141 RCRIS , Satisfl ID: RCRA Handler ID: EPA Facility ID: Contac t: Owner: RCRIS Activ ijy : RCRIS V iolalions : 00114-0004~91 COD983 77223 7 JOANNE VAUGHN W UNION A VE UNIT A -14 . ENGLEWOOD. CO 8011 0 3034437626 REFRIGERANT RECLAMATION INC /REAL ESTAl'E 14 -APR-1993 · Nol a Generator None WEST UNION AUTO CENTER 1950 W UNION AVE, ENGLEWOOD, CO 80110 Map#l>- -0.21 mile NE See RCRIS Activlly below -Source 114/ RCRIS Satisfi ID: RCRA Handler ID· EPA Facility ID : C o ntact: Owner: RCRIS Acliv ily RCRIS Acti vity : RCRIS Activity : RCRIS Violations : 1 PACAFICA AUTOWORKS 00114-0004884 COD983785254 KENNETH ROTH 17TH ST . D E NVER. CO 8020 23597 3036235 100 BANK WESTERN 08-NOV-1 991 · Tra n spon er A ctivity 08-NOV-1991 -Conditionally Exempt Generator Acliv1 ty 12 -JUN-2003 -Not a Generator None 1150 W UNION C3, ENGLEWOOD , CO 10110 Map#l>- -0 .21 mile NE Condlllonally Exempt Small Quantity Generator -Source 1141 RCRIS Salisfl ID: R C RA Handler ID: EPA F acility ID: Contact: , Owner: RCRIS Acl1v 1ty : RCRIS Violalions : JOHN'S COWSION 00114 -0005526 COD98 3802265 MARVIN SHRIVER W UN ION CJ, ENGLEWOOD . CO 80110 3037813900 ST AN LUCAS 28 -JUL-1993 · Conditionally Exempt Generator Ac1iv 1ty None 1150 W UNION UNIT A·11 , ENGLEWOOO , CO 80110 Mep#l>- -0 .21 mile NE Condillonany Exe mpt Small Ouantny Generator -Sou rce 11 4/ RC RIS Satlsfl ID : RCRA Handler ID · EPA Facility ID: 00 114 -0005969 COD 983800681 SubJect Sne Ox Bow, Nonh ol Bellev1&w Ave & Zuni St . Littleton CO ~2007 . Sall fi Inc • 720-200-9473 • Repon #S302286 •1 118/07 9 33 Page 29 of 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Contact Owner: Other Categories : RCRIS Activ ity : ' RCRIS Activity : RCRIS Violations : JOHN WHITMARSH W UNION UNIT A11 ENGLEWOOD, CO 80110 3037894715 JOHN WHITMARSH Tran sporter 29 -MAR -1993 • Tran sport er Activit y 29-M AR -1993 . Condit io nall y Exempt Ge nerator Acti vi ty None AUTOWORKS INTERNATIONAL 1142 W UNION AVE C-7, ENGLEWOOD, CO 80110 Map# .. -0.21 mite NE Condttionally Exempt Sman Quantity Generator· Source 114/ RCRIS Salisfi ID : RCRA Handler 10 : EPA Facility ID: Contact : Owner: RCRIS Activity: RCRIS Violations : BODY'S BY BROWN INC 00114-0003469 C00981552649 MELINDA WINTERS W UNION AVE C-7 . ENGLEWOOD. CO 80110 3037813520 CESARE R MORGANTI JR 07 -FEB -1994 · Conditionally Exe mpt Generator Activity None 1842 W UNION AVE BLDG C4, ENGLEWOOO, CO 10110 Map# .. -0.21 mlle NE See RCRIS Activity below · Source 114/ RCRIS Safisfi 10 : RCRA Handler 10: EPA Facility 10 : Contact: Owner : RCRIS Actrv•y : RCRIS Activity: RCRIS Violations : HOTBYCORP 00114 -0004794 C00983769704 JOHN PATIi 1942 W UNION AVE UNIT C4 . ENGLEWOOD. CO 80110 3037611161 JOHN PATIi 07 -SEP-1990 • Small Ooantky Generator Ac1ivrly 06-NOV-2000 -Nol a Generator None 1135 W UNION AVE, ENGLEWOOO, CO, 80110 Map# .. -0.24 mite NE Registered Tank · Source 127/ TANKS Sallsfi ID : Facility ID. Owner Tank Detarts · PACFICA AUTOWORKS 0012 7 -0002999 3 101 5198 . CMCLARK . 21 INVERNESS WAY EAST . ENGLEWOOD. CO , 801 10 3101 -1 4000 gal . UST Con tents : Gasoline Status: CLOSED 1142 W UNION AYE , ENGLEWOOD, CO, I0110 Map# ... -0.24 mite NE Registered Tank · Source 127/ TANKS Salish 10 : Fac,hty 10 0012 7 -00084 50 8697 Subjeet Srte Ox Bow . North of Belle view -'v & Zunr St. lollleton CO 2007 . Sall fl Inc• 720-200-9473 • Repo,1 #$302286 •1/111'07 9 33 Page 30 of 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Owner: Tank Details : AUTO WORKS 2241 -MARV SHRI VE R. 2331 W HAMPDEN AVE STE 110 . ENGLEWOOD . C0.80110 8697 -1 1000 gal. UST Contents : 6 -Used 011 (Wasle Oil) Status : CLOSED 1942 W UNION AVE, ENGLEWOOO, 80111 Map# ... -0.24 mile NE Satisli ID: , Event ID Dale Repooed FIie Status· 00128-000~580 fi018 10130197 Closed Tank Leak -Source 1281 Tank Leaks LORAN CHEMICAL CORPORATION Map# ... -0.25mlle NE 1165 W UNION AVE UNIT Y-2, ENGLEWOOD, CO 80110 Satisfi ID: RCRA Handler ID· Contact: Owner: RCRIS Activity · RCRIS Violations : ARTIFICIAL FILL 00114 -0002693 COD1 75559525 See RCRIS Activity below -Source 114/ RCRIS JOHN HAWLEY 1865 W UNION AVE UNIT Y-2 . ENGLEWOOD. CO 60110 3037629613 LORAN CHEMICAL CORPORATION 28 -MAR -1988 . Not a Generator No ne IN BOW OF S. PLATTE RIVER, SOUTH OF RADCLIFF SOUTH TO UNION AND EAST TO ENO OF RADCLIFF AND W. STANFORD, CITY NOT Map# ... -0.24 mile NE Satisli ID: 1 Source Name: Source Description: Agency Land@ ID Township Range Section: Confidence 111 Locatoo n Site Type : rill Material· Sat1sfi Comment: Waste or FIii Site • Source 70/ CO Oki LandftU 00070-0000822 Denver CO Old Fill Sites "From a list or sites identified in 2000 using old files 284 5S -68W-08N E2 MEDIUM ARTIFICIAL FILL . INCLUDES EMBANKMENTS, DAMS AND OTHE R ENGINEERED FILLS: COMPACTED LANDFILLS, AND UNCOMPACTED RUBBISH DUMPS. CONFIDENCE IN THIS INFO: HIGH DOMESTIC REFUSE · NO. CONSTRUCTION DEBRIS· NO. LIQUIDS· NO. HAZARDOUS WASTE : NO. INDUSTRIAL WASTE · NO. ARTIFICIAL Fill. UNKNOWN : NO. CLAY, SILT , SAND, GRAVEL AND A VARIETY OF DEBRIS CONSISTING OF WOOD. BRICK . CONCRETE METAL . PLASTIC GLASS. VEGETAT Mapped by Ctty and County of Denver WOODMAN BROS INC LANDSCAPE/NURSERY 1101 W BELLEVIEW AVE , LITTLETON, CO, 80120 Map# ... -0.24 mile SE 00127-00099(;4 10248 Registered Tank · Source 127/ TANKS Salish ID. racihty ID . Owner 4296 . PUBLIC STORAGE IN C . t 730 S ABILENE ST . AURO RA . CO. 60012 Sub/ cl Srte 0• Bow, North ol Beltev,ew Ave & Zun4 St . Lon leton CO ,2007 . S to 11 Inc • 720-200-9473 • Rel)Ol1 #53022 86 •1 /18/07 9 33 P-oe 3 1 ol 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Tank Details · Tank Details : 1 CENTENNIAL STORAGE 10248-1 2000 gal. UST Contents : Gasoline Status : CLOSED 10248-2 2000 gal. UST Contents · Gasoline Status : CLOSED 2709 W BELLEVIEW, LITTLETON , CO, 80123 Map#IJ, -0.24 mile SW Salisfi ID: Facility ID: Owner: Tank Derails . BARTS AUTO BOOY 00127-0016019 16967 Registered Tank -Source 127/ TANKS 19523 -LPG UNKNOWN OWNER . DIVISION OF OIL & PUBLIC SAFETY , DENVER . CO . 80202 16967-1 1000 gal. LPG Contenls : LPG Status· OPEN 5150 SOUTH SANTA FE DR, LITTLETON, CO 80120 Map#ll> -0.24 mile SE Satisfi ID: RCRA Handler ID: Contact: Owner: RCRIS Activity . RCRIS Violations: SANTA FE CONOCO 00114 -0003402 COD149571895 See RCRIS Activity below · Source 114/ RCRIS BARRY BIRDWELL 5150 SOUTH SANTA FE DR. LITILETON , CO 80120 3037989233 BARRY BIRDWELL 18-JAN -1988 • Not a Generator None 4801 S SANTA FE OR, ENGLEWOOD, CO, 80110 Map#IJ, -0.31 mile NE Sa1isfilD : Facility ID : Owner: Tank Details : Tank Details: Tank Details : SANTA l'E CONOCO 00127 -0013743 145'11 Registered Tank -Source 127/ TANKS 20236 · WILLS INVESTMENTS LLC , 277 SADDLE RIDGE RO . EDWARDS . CO, 81632 14541 -1 12000 gal. UST Contenls : 1 -Unleaded Regular (RUL) Status: OPEN 14541-2 8000 gal. UST Contents : 3 • Unleaded Premium (PUL) Status : OPEN 14 5't 1-3 12000 gal . UST Contents · 4 -Diesel Status : OPEN 4601 S SANTA FE DR, ENGLEWOOD, 80110 Map#IJ, -0.31 mile NE Satosfi ID· Event 10 : Date Reported . File Status . INCIDENTt257141 00128-0009028 10271 12/11/06 Open 47SS SOUTH WINDERMERE , ENGLEWOOO , CO Tank Leak · Source 128/ Tank Leaks Map#IJ, -0.34 mile NE Emergency Response Notlfleellon System (ERNS) • Source 105/ ERNS SatisfilO· NRC Report# 00105--0000420 257146 Sub1act Sile 01 Bow . North of Belleview Ave & Zuni St . Littleton CO C>2007 Satosfo Inc• 720 -200-9473 • Report #S30228 •1 /18/07 9 33 Page 32 of 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Incident Dale: Malena! Quanll1y · Malarial Quantity : Malerial Quanlily. Malena! Ouanllly: Ma1enal Ouanlily. Material Quanlily Malerial O ua nlily: Malena! Ouanhty : Malerial Ouanlily: Malerial Ouanlily Material Quantity · Malerial II OuanUly: Full Report Link . MACHINE SHOP 8124 194 2-FU RANMETHANOL 11 0 UNKNOWN AMOUNT 3-MET HYL -1.2-CYCLOPENTANEDIONE 110 UNKNOWN AMOUNT 4.ETHYL -2-METHOX Y-PHENOL II O UNKNOWN AMOUNT DIMETHYLPHENOL ErHONE II O UNKNOWN AMOUNT OIMETHYPHENOL 11 0 UNKNOWN AMOUNT EUGENOL 11 0 UNKNOWN AMOUNT METHYL ETHYL BENZOIC AC ID II O UNKNOWN AMOUNT METHYLBUTYL 110 IJNl<NDWN AMOUNT METHYLPHENOL 11 0 UNKNOWN AMOUNT VAN ILLIN II O UNKNOWN AMOUNT PHENOL II O UNKNOWN AMOUNT TRICHLOROPHENOL 11 0 UNKNOWN AMOUNT www.nrc .uscg .mil/reports_ cgi/rwcgi60 exe?foia _bmp•inc_se q =257146 4747 WINDERMERE, LITTLETON, CO 80120 Map#"' -0.34 mlfe NE SalisfilD· ' RCRA Handler 10 : , EPA Facility ID . Other Categories: RCRIS Aclivily : RCRIS Violahon. 00114 -0007536 COR000207407 Non-nolllier (suspected or operallng without propo • Source 114/ RCRIS Non-Nolifter (suspecled of operating wilhoul proper aulhor11y ) 16 -DEC -2 003 · No n-Nolif1e r (suspecled of ope raling w ith oul proper aulhonty) 28 -JUL -2004 · Ge11e1 alor Ge neral -Haza rd ous Wast e Delern unahon · 262 11 - Com lied : 28-AUG-2004 CEDAR MOUNTAIN MULCH CO. Map# ... -0.34 mile NE 4755 8 . WINDERMERE ST ., ENGLEWOOD,CO 801 10 Satisfi lO: ' CERCLIS Sile ID . EP A filcihty ID : EPA Contacl. EPA Co111acl. EP A Co111a~1 CERCLIS Status EPA Site Aha s Si te Oescnpt,on THOMAS Pl.A TINO 00124 -0000035 0801534 C00001133271 Sabrina F orrest.3033126484 Sabrina Fonest ,3033 t 26484 Pal sm,th .3033 126082 NFRAP No Further Remedial Aclion Planned -Source 124/ NFRAP CEDAR SH IN GLE MULCH CO APPROX 200,000 YOS OF DISCARDED CEDAR SHINGLES W ERE STOCKPILED AT THE 6 2 AREA SITE . THE SHINGLES CAUGHT FIRE ON 8/18/94 AND APPROX 15 MILLION GALLONS OF WATER USED TO FIGHT THE rlRE ENTERED THE PLATIE RIVER 100 YARDS UPSTREAM APPROX 200 ,000 YOS OF DISCARDED CEDAR SHINGLES WER E STOCKPILED AT THE 6 2 AREA SITE . THE SH INGL ES CAUGHT FIRE ON 8/18194 ANO APPRO X 15 MILLION GALLONS OF WATER USED TO FIGHT THE FIRE tNTtRED THE PLATTE RIVER 100 VAROS UPSTREAM 4645 & 4695 South Windemere Stree~ Englewood , CO Mep10 --0 .37 mile NE Suo,ect Site o, Bow , NOl1h ot Belleview Ave & Z uni St . Linleton CO 2007 , Sa11sfi It • 720 .200-9473 • Report #S302286 •1/18107 9 33 P 330148 Detailed Findings -Mapped Sites (Cont.) (Conl) Salisfi ID: EPA Sile Link : Acreage : Brownfield Management System Site . Source 112/ Federal Brownfields Management System 00112·0000008 http://oaspub .cpa.gov/c nv iro/bl _ cle anu p brownlieldsprofile ?p pilot _ id =6 1006369& p _prop _ id 0 6 1.4 THOMAS PLATING COMPANY INC Map# I> -0 .37 mile NE 4695 S WINDEMERE , ENGLEWOOD, CO 80110 Salisfi ID : RCRA Handler ID: EPA Facihly ID: CORRACT Event : CORRACT Event · CORRACT Event· CORRACT Event CORRACT Event · , CORRACT Event CORRACT Event : CORRACT Area · RCRIS Acliv1ly : RCRIS Acliv11y : RCRIS Vrolalion RCRIS Vrolalron: RCRIS Vrolalion- RCRIS Violalion 1 RCRIS Violation : RC RIS Violation RCRIS Violalion . RCRIS Vro latron RCRI S Vr olah?n RC RI S V1olal 1011· RC RI S Viola hon RCRI S Vrolatron RCRI S Violation : THOMAS PLATING 00114 ·0001205 COD00 7079601 24 -JUL·1990 · RFA COMPLETED 24 ·JAN·1991 · Operable Unit Subject lo Corrective Action • Source 1141 RCRIS 24-JAN -1991 -CA PRIORITIZATION·HIGH CA PRIORIT Y 24 ·JAN ·1991 · RFI IMPOSITIOI~ 30·MAR· 1992 · RFI WORKPLAN APPRO VED 01-0CT-t997 · C A PRIORITIZATION.MEDIUM CA PRIORITY 22·0CT·t999 • CA PROCESS IS TERMIN ATED -NO FURTHER ACTION ENTIRE FACILIT Y 16·MAY .1994 · Small Quantity Generator Actr vi ty 05·MAR·2001 · Not a Generator 26 ·JUL·1990 · GENERATOR-ALL REQUIREMENTS (OVERSIGHT)· Complied 19 ·APR ·1999 lO ·JAN· 1994 · GENERATOR ·ALL REQUIREMENTS (OVERSIGHT)· Complied: 19 ·APR ·1999 10 ·JAN -1994 · GENERATOR-GENERAL REQUIREMENTS · Complied 19·APR ·1999 t3.SEP·1994 · GENERATOR·ALL REQUIREMENTS (OVERSIGHT)· Complied: 19·APR · t 999 13 ·SEP·1994 · GENERATOR·ALL REQUIREMENTS /OVERSIGHT)· Complied : 19·APR ·1999 t3•SEP -1994 · GENERATOR·OTHER REQU IR EMENTS -Complied 19·APR ·1999 t3-SEP ·1994 • GENERATOR·OTHER REQUIREM ENTS · Complied . 19·APR ·1999 lJ.SEP-1994 • GENER ATOR ·GENERAL REQ UIR EME NTS -Complred · 19·APR -1999 13 -SEP ·1994 • GENERATOR ·ALL REQUIR EM ENTS (OIIER SIGHT) · Compied: 19 ·APR -1999 2 7·0CT·t994 · GENERATOR.OTHER REQUIREM ENTS · Complied t7.JAN ·t995 11 -JAN ·1995 • GC NCRATOR ·OTlt CR REQUIR CMC NTS · Compli ed 19-APR -1999 25·JUL ·1996 • COMPLIANCE SCHEDULE VIOLATION · Complied 19.APR ·1999 09·AUG-1996 · COMPLIANCE SCH EDULE VIOLATI ON · Co mpiled 19·APR ·1999 4195 S WINDEMERE , ENGLEWOOD, CO Map# I> -0.37 mile NE sau sr, ,u . t.OPH Si te # 0011 b·OOOU i Hi COM000000232 ~e • OQw NOt1h ol v-Ave , Zuo, I. Lrn ton CO h h k'<. • 720 200 94 73 • Re1xw1#, 228 •1/18/01 1 Volunlary Cleanup List . Source 1151 CO VCL VCUP 48 Detailed Findings -Mapped Sites (Cont.) (Cont.) Appl ic alion #: CDPHE Contact · Appt,calion Date : Application Type : Decision: VA -00215 MARK WALKER 22-FEB-OO VOLUNTARY CLEANUP APPROVED Rem Complcl1on Du e: 27 -APR-02 Other Issues . CERCLIS . BR OW NFIELD Acreage : 2 f ~-----------~ ! 1 THOMAS PLATING Map#.,. I 4195 8 WINDEMERE, ENGLEWOOD , CO -0.37 mile NE No Action Determination · Source 115/ CO VCL VCUP t-,:s,-a""lis""ri"","'o-, -------,00=1'"'15"".00=0""0"'"23""5,-------------------------;~-------' r CDPHE Sil e#: COM000000 232 f Application #· VA-0023 6 ! CDPHE Contact: MARK WALKER t Applica tion Date. 10-AUG-OO ~ Application Type : NO ACTION DETERMINATION Decision: Rem Compl etion Due : Other Is sues : THOMAS PLATING APPROVED No Rem Com pletion Due Dale Repone d CL OSU RE 4695 S WINDEMERE, ENGLEWOOD, CO Map# ... -0.37 mile NE No Action Determination • Source 115/ CO VCL VCUP SalisfilO: CDPHE Sile#: Applicat ion #· COPHE Con tac t· Application Date Applica tion Type · Ot:tcision : Rem Complehon Ouc . Other Issues: THOMAS PLATING 00115 -0000276 COM000000232 VA -00276 MARK WALKER 30 -APR-01 NO ACTION DETERMINAT ION APPROVED No Rem Completion Du e Dale Reported CLOSURE . TAX 4«595 S. WINDEMER E ST. , ENGLEWOOO ,CO 80110 Map#II> -0.37 mile NE No Further Remedial Act ion Planned · Source 124/ NFRAP Satlsfi ID · CE RCLIS Silo ID EPA fa c,h ly ID Ef'A Con tact. EPA. Contact EPA Contact CERCLIS Slal us 00124 -0000558 0801490 CO D0070 7960 1 Sabrina Forresl .3033126484 Sabnna Forrest .3033t26484 Pal Smilh .3033 126082 NFR AP Su b1 •. t Sn Ox Bow , North 01 B llev w Ave & Zun, SI . L111ielon CO 2007 S hsli Inc • 720 200 47 3 • R l)Ort #S30228G •1 , 18/07 9 33 (Cont .I Site Descripl,on : Detailed Findings -Mapped Sites (Cont.) DELINQUENT RCRA FACILITY WITH NUMEROUS DRUMS OF HAZARDOUS MATERIALS (PLATING SOLUTIONS & MATERIALS · CHROME . ZINC . CYANIDE) THAT ARE BEING IMPROPERLY STORED AND POTENTIALL Y ILLEGALLY DISPOSED OF .DELINQUENT RCRA FACILITY WITH NUMEROUS DRUMS OF HAZARDOUS MATERIALS (PLATING SOLUTIONS & MATERIALS · CHROME . ZINC . CYANIDE) THAT ARE BEING IMPROPERLY STORED AND POTENTIALLY ILLEGALLY DISPOSED OF . BELLEVIEW SERVICE CENTER Map# l>- -0.34 mile SE 1800 W SHERI LN, LITTLETON, CO, 80120 Registered Tank· Source 127/ TANKS Satisfi ID: Facility ID: Owner : Tank Details : • Tank Details : Tank Details : 00127-0 001579 1628 4289 . PUBLIC SERVICE COMPANY , 550 15TH ST , DENVER , CO, 80202 1620-1 1000 gal. UST Contents : 4 · Dies el Status CLOSED 1628-2 4000 gal. UST Contents : Gasoline Status : CLOSED 1628·3 4000 gal. UST Contents : Gasoline Status : CLOSED BELLEVIEW SERVICE CENTER 1100 W SHERI LANE, LITTLETON, 80120 Map# l>- -0.34 mile SE Tank Leak • Source 128/ Tank Leaks Satisfi ID : Event 10 : Date Reported : , File Status: 00128-0000070 74 4/9/92 Closed WM.LEAS VEHICLE REPAR CENTER INC 1613 W SHERI LN, LITTLETON, CO, 80120 Satisfi ID : Facility ID: 00127-0010380 10683 Map# ... -0.37 mile SE Raglsleted Tank· Source 1271 TANKS Owner: 5702 • WALLERS VEHICLE REPAIR CENTER. 1683 W SHERI LN , LITILETON . CO . 80120 Tank Deta,ts : 10683-1 560 gal. UST Contents : 6 • Used 011 (Waste 011) Statu s: CLOSED WALLERS VEHICLE REPAIR CENTER INC 1683 W SHERI LN , LITTLETON , 80120 Salish ID: Event ID: Dale Reported · Fite Status · 00128 -0000280 294 9128/90 Closed ARAPAHOE COUNTY AOMIN BLOG 5334 S PRINCE IT, LITTLETON , CO , 80120 Sat11h ID : r · ·tkly ID 00127-0013923 14762 ub,.c, s,1 0• llow . Norttt of B I v,n, Av & Zuni SI . Llnteton CO ,20()7 Sat,sli I • 720-200 9473 • Report #S302286 •1/11\/07 9 33 Map#l>- -0.37 mile SE Tank Leak • Source 128/ Tank Leaks Map# II> -0.35 mile SW Registered T•nk • Source 27/ TANKS P 360148 Detailed Findings -Mapped Sites (Cont .) (Cont.) owner Tank De1ails : 310. ARAPAHOE COUNTY . 5334 S PRINCE ST . LITTLETON , CO. 80120 14 762 -1 999999999 gal. UST Contents. Z Nol Listed S1a1us : CLOSED ARAPAHOE COUNTY ADMINISTRATION BLDG 5334 S PRINCE ST, LITILETON, 80120 Map# l>- -0.35 mile SW Tank Leak -Source 128/ Tank leaks Salisfi ID : Aflernate F acilily Name: Event ID: Dale Reported : File Status : 00128 -0006916 ARAPAHOE COUNT Y ADMIN BLDG 7511 6/16/99 Closed COLUMBINE AMBULANCE CENTER 5313 B PRINCE, LITTLETON, CO, 80120 Map#l>- -0.45 mile SW Regls1ered Tank -Source 127/ TANKS 1 Salisn 10: F acifity ID · Owner: Tank Details : COLUMBINE AMBULANCE 00127 -0014255 15 10 2 18303 -VINCENT CESSELL . 5393 S PRIN CE . LITTLETON . CO . 80120 15102-1 4000 gal UST Contents : Z Nol Listed Status : CLOSED 5393 I PRINCE , LITTLETON, 80120 Map# l>- -0 .45 mile SW S111tsftlD : Alternate F aciN ty Name Event ID : Date Reported : File Status : 1 RKB INOUSTIUES 00128-0007236 COLUMBINE AMBULANCE CENTER 8041 2/3/00 Closed Tank leak · Source 128/ Tank leaks 1911 W STANFORD AVE , ENGLEWOOD , CO, 80110 Map# l>- -0.37 mite NE Sat1sn ID FacU11y ID Owner Tank Details Tan~ Details Tan Details RKS INOUITREI INC 00127-00011 06 1142 Regtslered Tank -SOUfce 127 / TANKS 4499 -R KS IN DUSTRIES . 1919 W STANFORD AVE , ENGLEWOOD. CO. 80110 1142-1 4000 gal UST Contents Gasoftne St atus CLOSED 1142-2 6000 gal UST Contents Gasolu1e Sta1 us CLOSED 1142 ,3 8000 gal UST Contents 4 · Diesel Stalus CLOSED 111 1 W ITANFORO AVE , ENGLEWOOD , I0110 ttsfllD A.It rna t r (.lll 1t N m 00128-0000500 RKS INDU STRICS Tank Lo1k , SotJfce 1281 Tank L ---------------------·---------_____ _. t Ltn Ion CO •1 /18/()7 33 P 37 ol 4 Detailed Findings -Mapped Sites (Cont.) (Cont.) Event ID · Date Reported : File Status : KNOWN LANDFILL 530 3/2 7/97 Closed N: OXFORD; W: S. CLAY; E: PLATTE RIVER; S: APPROXIMATELY WHERE STANFORD WOULD EXTEND, CITY NOT REPORTED, CO Mop# l>- -0 .43 mile NW Satisfi ID · ' Source Name. Source Description ' Agen cy Landfill ID : Operator/Owner/Other: Township Range Section : 1 Confidence in location. Site Type : Fill Material: Open Date: Close Date : Comments: S;,l!sfi Comment: CIRCLE K STORE #270987' Wasle or FIii Site . Source 70/ CO Old Landfins 00070-0000817 Denv er CO Old Fill Site s '"From a list of sites identifi ed in 2000 using old lite s 279 COLORADO DISPOSAL INC // 5S -68W-05SE HIGH KNOWN LANDFILL . ABANDONED GRAVEL MINE : LABELLED AS A GRAVEL PIT IN SOIL SURVEY . 85 ACRE PARCEL USGS MAPS A SMALLER AREA CONFIDENCE IN THIS INFO: HIGH . DOMESTIC REFUSE : YES . CONSTRUCTION DEBRIS : YES LIQUIDS: NO HAZARDOUS WASTE : NO. INDUSTRIAL WASTE : NO . UNKNOWN : NO . MUNICIPAL REFUSE : PUBLIC UTILITY SCRUBBER SLUDGE . GW AT 5-15 FT . CONFIDENCE IN THIS IN FO: HIGH 1966 1982 M ETHANE PRESENT: YES. 1982 6% METHANE BY VOLUME . LEL RANGED BETW EEN 6% AND 28% ON ADJACENT PROPERTIES . EXPLOSION BURNED 3 CHILDREN OXFORD RECYCLED AGGREGAT ES TH ERE NOW CONFIDENCE IN THIS INFO: HIGH . Mapped by City and County of Denver 5095 S FEDERAL BLVD, ENGLEWOOD, CO, 80110 Map#• -o .~o m11e sw Sahsfi ID: Facility ID· Owner: Tank D01a1ls . Tank Details : Tank Details Tank Details Tank Details SHELL OIL 001 27-0011028 113 50 Registered Tank -Source 127/TANKS 20775 . CIR CLE K SlORES INC , 11~0 W W ARN ER RO , TE MP F. AZ . 85284 11350-1 10000 gal. UST Conten ts· 1 Unleaded Reg ular (RU L) Status OPEN 1 1350-2 10000 gal UST Contents Unleaded Regular (RULi Status: OPEN 11350-3 10000 gal. UST Contents 3 -Unleaded Premium (PULi Slalus. OPEN 11350-4 8000 gal UST Contents . 2 -Unleaded Mid -Grade (MUL) Status OPEN 11350·5 550 gal UST Con te nts · 6 -Used Oil (Waste 011 ) Statu s CLOSED Map#. 5015 S FEDERAL BLVD . ENGLEWOOD , 80110 -0 40 mile SW S 11$1110 Cv nl 10 Date Reported u l I S rt O• 2007 ah h I 001 28 0008872 10102 616 /06 North ol 8 t view Ave 6. Zunt St linteton CO -120-200 ,1J •R pt,<1 M on -1 ·, 01 0 13 Tank Lea k · Sou rce 128/ Tank l elQ !. ol 48 Detailed Findings -Mapped Sites (Cont.) ~1~:-i:-:-':-:-,u-s-:~~~~~~O-p_e_n~~~~~~~~~~~~~~~~~~~~~~~~~~~-~! NAME NOT REPORTED 4755 S. WINDERMERE, CITY NOT REPORTED, CO Map# ... -0.44 mile NE Satis fi ID: Source Name· Source Descriplion : Agency Landfill ID: Files At: Operator/Owner/Other: Confidence in Location FIii Material: Regulated: Monitoring: Commtonls : NAME NOT REPORTED Waste or Fill Site • Source 70/ CO Old Landfills 00070-0000327 Arapahoe County CO Old Landfills "This list identities known or suspected landfills 01 illegal dumps The 11st was nss~mlJltHJ i11 1996 from utc.J~r riles AR -074 TCHD-E .CDPHE AMERICAN EXCELSIOR// HIGH (BASED ON ADDRE SS) TRANSFER STATION YES AIR : NO. GROUNDWATER: NO. METHANE: NO. LEACHATE · NO. DUE TO MAJOR DAMAGE . SHINGLES WERE ST ACK ED ON SITE PENDING RECYCLING. FIRE STARTED & REQUIRED 6 MILLION GALLONS TO EXTINGUISH . CONTAMINATED CITY WATER SUPPLIES. SHINGLES FINALLY RECYCLED. 4700 S. WINDEMERE, CITY NOT REPORTED , CO Map# ... -0.48 mile NE Salisfi ID· Source Nnme : Source Description : Agency Landlill ID: F iles At. Confidenc e 1n Locatoon . Fill Material: R egulated : Monitoring: Commenls . Waste or Fill Site -Source 70/ CO Old Landflls 00070-0000329 Arapahoe County CO Old L andfills "This Mst identifies known or suspected landfills or 1IIE,gal dumps. The hsl was assembl ., 1998 from aide, files AR-076 TCHD-E HIGH (BASED ON ADDRESS) TRANSFER STATION YES AIR : NO. GROUNDWATER . NO. METHANE: NO LEACHATE NO. SKETCHY INFORMATION. APPEARS TO HAVE B EEN A DESIGNATED SITE FOR THE TEMPORARY STORAGE & RECYCLING OF CEDAR SHINGL[S RESULTING FROM MANY ~EPLACEMENT ROOFS IN 1994 RAGSDALE MACHINERY OPERATIONS Mep# .. -0.45 mlle N E 4535 S SANTA FE DR, ENGLEWOOD , CO 80110 Satisfi ID · R CRA H andler 10 EPA Fac 1l11y ID C o ntact Owner R C RIS A ct1v1 ty R C RI S v,olat,on 001 1 4 -0000835 COD007056245 Seo RCRIS Activity bc:low • Source 114/ RCRIS SHARON BANKES PO BO'< 1687 ENGLEWOOD. CO 80 150 303 708 5 194 BORDEN INC 10-NOV-1997 -Not a Generator 02 -0CT-1989 · G[NERATOR-All R EOUIR EMCNTS (OVER SIGHT) Com h d 01 -MAY -1990 SubJdCI S1 1 O, Bow. N nnh of B llev ie w Av & Zuni St Litt! too CO 2001 S~II fl In • 20 -200 47 3 • R por1 #S302280 •1118 107 9 33 p Detailed Findings -Mapped Sites (Cont.) RAGSDALE MACHINERY 4535 S SANTA FE, ENGLEWOOD, CO Map# ... -0.45 mile NE Volunlary Cleanup Lisi · Source 115/ CO VC L VCUP Salisfi ID: CDPHE Sile#: Appl ical ion #: CDPHE Conlact: Applicalion Dale : Applicalion Type: Decision: Rem Complellon Due Olher Issues: Aeteage : 00 115-0000012 COM000002698 VA-00012 MARK WALKER 17 -MAR-95 VOLUNTAR Y CLEAN UP APPROVED 12 -JUl.-97 UPDATE 4 .7 KOEHLER FLOORS N MORE INC 4570 S FEDERAL BLVD, ENGLEWOOD, CO, 80110 Map# ... -0.45mlleNW Registered Tank -Source 127/ TANKS Satisfi ID: Facility ID : 0012 7 -00029 72 3074 Owner: 5636 -VERNON & THERESA KO EHLER. 258 18 S HOWARD DR . SUN LAKE . AZ , 85224 Tank Delalls : 3074 -1 2000 gal. UST Con1cn1 s: Gasoline Status: CLOSED KOEHLER FLOORS N MORE INC , 4570 S FEDERAL BLVD, ENGLEWOOD, 80110 Map# ... -0.45 mile NW Tank Leak -Source 128/ Tank Leaks Satisfi ID: Even! ID : Date Reported · File Slatus: MILE HI LANDFILL 00128-0003224 3446 9112/90 Closed 2400 W. OXFORD , CITY NOT REPORTED, CO Map# ... -0.50 mile NW Waste or FIii Site -Source 70/ CO Otd Landfills Sa11sfi ID: Source Name Source Oe sr-.rip t1on · Agency Landfill ID Files At. Operator/Owner/Othe, · Co11fidence 111 Loc3llon r,11 Male11al s ,ze (acre s\ Regulated . Open Date · C..loso lJa1u 0007 0-0000288 Arapahoe Counly CO Otd Landfills "This hsl identifies known or suspe cted lanill1lls 0< illegal dumr,s ThE hs l w,,s assembled in 1998 from older files AR-034 TCHD -B.CDPHE C & C OF DENVER/ I HIGH (BASED ON 1977 TCHD STUDY) SAN ITARY WASTE CONSTRUCTION DEI\RI~ ASH 70 PERMITIED YE S 9/16/1968 1982 SU!>ftlLI s,1 O• w North of Bel Yl8W Ave & Zurn SI 1 ,tt ""' co 2007 Sal1sf1 lrc • 120-200 H3 • Report #S302286 •1/18'01 9 33 f> 400148 Detailed Findings -Mapped Sites (Cont.) (Cont.I Monitoring : Comments · SaUsfi Comment ALLEN FILTER PLANT AIR : YES . GROUNDWATER : YES . METHANE : YES . LEACHATE : NO. CD FOR WEEKSIC & C OF DENV ER (9116166). EXTENDED TO THE S COi BECAME OPERATOR 11173 . CLOSED 611179 TO ALL EXCEPT COi , DENVER. & ASH DUMPING . METHANE TESTING IN '78 & '83 (DETECTED). METHANE EXPLOSI ON OFF -SITE C D FOR TIRE REC YCLING (1988). Mapped by Tri -County Health Dept. 1500 W LAYTON, ENGLEWOOD, CO, 80110 Map# i,,, -0.4 7 mite NE Satisfi ID: Facility ID : Owner : Tank Details : ALLEN FILTER PLANT 00127-0007196 7403 Registered Tank -Source 1271 TANKS 1114 · CITY OF ENGLEWOOD, 1000 ENGLEWOOD PK WY, ENGLEWOOD, CO , 80110 7403 -1 1000 gal. UST Contents : Gasoline Status . CLOSED 1500 W LAYTON, ENGLEWOOD, 80110 Map# i,,, -0.4 7 mile NE S11tlsfilD : Event 10 : Dale Reported · File Status : 00128-0008282 9427 1123104 Closed Tank Leak -Source 1281 Tank Leaks GARMAT USA INC (FAB CIRCUITS) Mop# .. -0 .73 mile NE 1252 W RADCLIFF, ENGLEWOOD, CO 80110 SatisfilD: RCRA Handler ID I EPA Faci lity ID : t Contact: Owner: CO RR ACT Event: CO RRACT E,~111 · CORRACT Event CORRACT Esenr- CO RRACT c ,e11t CO RRACT fveot · CO RR ACT Ar ea TS O C,cnt TSO Event RCRIS Achvtty RCR IS VIOIAllnn RCRIS Vo otohon 00114 -0003146 COD9808064 75 Subject lo Com!ctive Action -Source 1141 RCRIS Land Olsposat , -Source 1141 RCRIS BERNIE SCHO ENFELD ER W RADC LI FF , ENGLEWOO D, CO 8011 0 3037816802 DON OBERFELO 16-JAN-1986 -DETERM INATION OF NEED FO R A RFI -RFI IS NECESSARY 16-JAN-1986 · CA PRIORITIZATION -LOW CA PRIORITY 16 -J AN -1986 -RFI IMPOS ITION 16-JAN 1986 · RELEASE TO GW CONTROLL ED DETE RMINATI ON -YES . APPLICABLE AS OF THIS DATE 16-JAN -1986 · ttUM AN CXPOSURES CONTROLLED OCTERMINATION -YCS AP PLIC ABLE AS OF THIS DA TE 16 -JAN -1986 · STABIUZ.llTION MEASURES EVALUATION -FACILITY NOT AMENABLE TO STABILIZATION EN TIRE FACILITY 07 -JAN -198 7 · PLAN RECEIVED · CLOSURE 10-MAY-1989 · CLOSU RE VERIF ICAT IOfl 2 1 -DEC -t 993 -Not a Generator 15 ,AUG -1983 · GE N ERATOR -All REQUIREMENTS (OVER SIGHT)· Comphed 30-APR -1985 t 1-JAN -1986 -GENERATOR -ALL REOUIREMCNTS (OVE RSIGHT )· Com II d 07-SEP-1988 ote Ox r,w, Nort ol Bellev w Ave & Zuo l St Lin ton CO lo Ii Irie • 720 200 9'7 3 • R P0rt #S 30228 • 1,1810 7 9 3 PA 41 ot48 Detailed Findings -Mapped Sites (Cont.) WALT FLANNAGAN & COMPANY, INC. 2323 WEST OXFORD AVENUE, SHERIDAN, CO 80110 Map# .. -0.85 mile NE rJ. ·l l ·1 ., ~~-::-::::--------,,,~~=~:----------See_R_c_R_1_s_A_ct_iv_11y_be_1o_w_._s_o_u_rc_e_1_14_i_R_C_R_1s_+-----.....J ,! Satisfi ID : 00114-0006041 ~1 RCRA Handler ID : COD983800988 ~! fl Contact. MELVIN FLANAGAN 2727 EAST ELDORADO PL.ACE . DENVER . CO 80210 i~ 3037572550 } ~ Owner. MEL VIN FLANAGAN ~i RCRIS Ac1iv1ty : ~ 20-MA Y -1 993 • Not a Generator lr RCRIS Violations : None WALT FLANAGAN & COMPANY , INC . Map# .. -0.85 mile NE 2323 W OXFORD AVE, SHERIDAN, CO 10110 Satisfi ID : RCRA Handler ID : Contact: Owner: CORRACT Even t: CORRACT Event CORRACT Event: CORRACT Event: CORRACT Event CORRACT Event: CORRACT Event: CORRACT Event CORRACT Event: CORRACT Event: CORRACT Event: CORRACT Even t: CORRACT Event CORRACT Area : CORRACT Area : RCRIS Act1v1ty . RCRIS Activity · RCRIS Activity : RCRIS Violations : 00114-0006293 COD983798638 Subject to Corrective Actlon • Source 114/ RCRIS MELVIN FLANAGAN 2727 E ELDORADO PL , SHERIDAN , CO 80210 3037572550 MEL VIN FLANAGAN 17-MAR-1993. CMI WORKPLAN APPROVED 23-MAR-1993 • RFI WORKPLAN APPROVED 28-APR-1993 • REMEDY DECISION 28-APR-1993 • CORRECTNE MEASURES DESIGN APPROVED 23 -DEC-1993 • HUMAN EXPOSURES CONTROLLED DETERMINATION -NO CONTROL MEASURES NEEDED 23 -DEC-1993 • RELEASE TO GW CONTROLLED DETERMINAT ION-NO RELEASE TO GROUNDWATER 19-APR-1995 • Ope rable Un it 12 -SEP -2002 • CA PROCESS IS TERMINATE D-REMEDIAL ACTIVITIES COMPLETE 06-NOV-1992 • RFA COMPLETED 06-NOV-1992 • DETERMINATION OF NEED FOR A RF I-RFI IS NECESSARY 06-NOV-1992 • CA PRIORITIZATION -LOW CA PRIORI TY 30-NOV-1 992 • RFI IMPOSIT ION 17 -MAR-1993 • REMEDY DE CISION ENTIRE FACILITY LEACH TANK SOILS 30-NOV-1 992. Former Non -Notifie r (was suspected of operating without proper authority) 30 -NOV-1992 ·Nola Generator 20-MAY -1993 • Not I Gene rator None KLOPPENBERG AND COMl'ANY Map# .. -0.87 mile NW 2127 W OXl'OftD AVE , INGLIWOOD , CO 80110 Sat1sf1 ID RCRA Handler 10 00114-0001112 C0000706!i651 ,, .... Subject to Corrective Action • Source 114/ RCRIS Conditionany EJcempt Sman Quantity Generator . Source 114/ RCRIS Sue 1 S,te 0• Bo w Noll of Be lle• w Ave & Z1J11 1 St L eton CO ezoo s,11 inc, 720 ,200 ·94 3, Repor, •S3022 ,111a.0 1 9 33 fl t P 42 or 48 ...................... ~ .... ~-.................. -....... . (Cont.) Contact: Owne r: RCRIS Activ ity : RCRIS Activ ity : RCRIS Violat ion · RCRIS Violation; Detailed Findings -Mapped Sites (Cont.) GERRY BRANUM 3535 POINT OF THE ROCKS . COLORADO SPRINGS . CO 80918 7192609820 KLOPPENBERG AND CO'f!PANY 10-JUL-1996 • Conditionally Exempt Generator Activity 19-NOV-1980 • Not a Generator 23-SEP-1985 • GENERATOR-ALL REQUIREMEN TS (OVERSIGHT)· Complied : 15-DEC-1986 03-FEB-1986 • GENERATOR-ALL REQUIREMENTS (OVERSIGHT )• Comolied : 15-FEB-1986 1<1.0PPENBERG AND CO Map#. -0.87 mile NW 2127 W OXFORD AVE , ENOLEWOOO,CO 80110 Satisft ID : CERCLIS Site ID : EPA facility 10 : EPA Contact: EPA Contac t: EPA Contact: CERCLIS Status : Site Oescrip~on : , .. ,,, ,t 1 ••• I 00124-0000060 0800086 C00007069651 Sabrina Forrest ,30331264~ Sabrina Forrest .3033126484 Pat Smlth .3033126082 NFRAP No Further Remedial Action Planned · Source 124/ NFRAP HAZARDOUS MATERIALS STORED : FOAM CONTAIN 8.5% METHYLENE CHLORIDE STORED IN OPEN DRUMS. LIQUID WASTE CONTAIN CHROMIUM & SLUDGE FROM PAINT BOOTHS CONTAIN HEXAVALENT CHROMIUM . BEGAN OPERATION IN '68 AS FOOD SVC EQUIPMENT DEALER .ACTIVE IN 8/83HAZAROOUS MHAZAROOUS MATERIALS STORED : FOAM CONTAJN 8.5% METHYLENE CHLORIDE STORED IN OPEN DRUMS . LIQUID WASTE CONTAIN CHROMIUM & SLUDGE FROM PAJNT BOOTHS CONTAIN HEXAVALENT CHROMIUM . BEGAN OPERATION IN '68 AS FOOD SVC EQUIPMENT DEALER .ACTIVE IN 8/83HAZAROOUS M , 1 '• I •' r• 1•••,W9 t t • Sub)41 Ct S1t, 0• Bow North or k lleview Ave & Zuni St. Litlltton CO C2007 . S1t 11ft Inc • 720 ·200 -;.73 • Report #5302296 •1 /18107 a 33 Page 43 or 48 '\ 1· :: Unmapped Sites CENTRAL INDUSTRIAL DISTRICT , Englewood, CO Sausfi ID : EPA Site Link : Acreage: Brownfield Managemenl System Stte • Source 112/ Federal Brownfields Management System 00112-0000063 hnp ://oaspub .epa .gov/enwo/bf _cleanup . brownf1 e lds profi le? p _pil ot _ id =6 1006369& p_prop_1d=3 83 ENGLEWOOD SERVICE CENTER , No City Reported, CO Satisfi ID: Source Name: Source Descri ption : Agency Landfill 10 : S ite Type: Waste or Fill Site • Source 125/ CO CDPHE Landfills 00125-0000526 CO Recent Waste Sites "This li st includes sol id waste facilities Iha! have been permitted by the state and may be open or closed . Satisfi checks for new listi ng s every 90 days From CDPHE • Co lorado Department of Publ ic Health & Environment 999-ZZZ-035 zzz "! i Waste or Fill Site • Source 70/ CO Old Landfills j 1-,,s-a1""is""fi""1D'"":------~oo""o"'r"'o""'-0"'0"'00""9"'5"'3------------------------+--------' ;;! Source Name: Source Descnptio n : S ire Type : F ill Materi al: S ize (acres): Comments· CO Old Waste Sites 'In the early 19SO's the Hazardous Ma leri als Waste Management DMsion conducted a survey of staff members and loca l Agencies . The 1nformal1on gathered was compiled in 1984 for sires that were known or thought to have waste Is sues . This information is not complele and generally not very definitive or verifiable . This data became the Solid Waste Historical Data The data 1s not maintained and has not been since the late 1980's . The Hazardous Marenals Waste Management Division is not respons ible and shall not be liable to the user for damages of any kind arising out of the use of this data or information • LANDFILL REFUSE . 50 • 100 SAND & GRAVEL PIT EXC A VATION . s ~ciect Sire O• Bow North of Be ll eview Ave & Zun i St L11tleton CO 200 S1 11sfi Inc • 720 -200 -9473 • Reper, •S30229e •1118107 9 33 1; Page" of 48 Database Sources ,·c·· a''t'·e' .. g""''o'·' ~.\~'ii fi! •;\'/f,t,"1li1,•;:°'fni;',\~•1;i,W!:c,y.,·,;1\:~.'.;! '.111 "''1·'·1··1· ' .. ,· ·' ,,., ,, .. ,,J i.;'"'••'!l:i 1 '·";.;,. 11:f • ::',fi. ,', '.'));/3i··1Ril• '·!:,:~i i'Yfi·,l(i·'!.'/~ilii~.'.lil·;(: "\'·1\'·! .;,:(r.:, ··I : :f. L.i,L:1;r,:.i.: -.. ·j.J ,.t.~fit1if~:.~~~r~~t~4titirJ~t:t1i~:'.~IJ.:1:.:ili;11tt :.m. .,t ~,~~{.rf~ ... H!...;·:·:~ :.li1 .. \[.~~~·>Alilli;·;ri·w~:if:;~~~hllii\i1l/E1,:t1&::M~:-~t:~\i:;11\fJ CORRACT Source: 114 / RCRIS Corrective Action (CORRACT) sites have hazardous waste problems , often involving contamination . Under the Resource Conservation & Recovery Act (RCRA), the owne,s or operators of these' facilities are responsible for investigating and , as necessary, cleaning up releases . Nationwide , there are approx imately 6,500 CORRACT srtes . CORRACT sites are a sub set of the EPA's Resource Conservat ion & Recovery Information System (RCRIS). Agency Name : US EPA· United Stales Env ironmental Protection Agency , Office of Solid Waste Agency Website : W\vw P.pa .!1ov/P,p.-:i 11~~w,~r1 11 ,,;wr,s r~/c,:,/f;-1 r.ill ry him >-------- NPU= Agen cy Updated : Satisfi Obta ined : Last Requested : 06 113106 06 /13106 12/27106 Updated by Age ncy : Agen cy Co ntact: Monthly Ton y Selle, Source: 128 / CERCUS The Nalional Priorily List (NPLJ identifies sites wilh confirmed contamination that are either proposed to be or are in the process of being cleaned up under the direction of the US EPA Superfund Program . NaUonwide , there are approximately 1,600 Superfund sites . NPL sites are a subset of the EPA's Comprehensive Environmental Response. Compensat ion & Liability Information System (CERCUS). · Agency Name : US EPA· United States Environmental Prote cti on Agency , Superfund Program Agency Website : hrtp:l lwww .epa .govlsu pP.rfu ndlsite s/curni tc slinrlex .htm t-------+-Agency Updated : 12/08106 Updaled by Agency : Monthly Satisfi Obtained : 01/10/07 Agency Contact : None l ~ Last Requested : 01/10/07 ,; ,,_ __ N_P_U-.--~~-ou- 1 -r=-,-:-!e.m._1_8_,/_S_~-\-~--r7-n-~-:-osa_S_!_t_ei::a-!'-~eg-on-~ty-ry-~-.s-t N-(~-i-L-!-~~-r-.Co-Ei-~-~-,:-~-~-~-f-~-eve-m-~r-:-~-r:rr-a~-twe-(U-~-ty-ni_:_:-~-\-:a-,------•[ TaUlng Remedlal Action) sites, one Is a NRDS site (Natural Resource Damages Site), and one Is a Private <. Cleanup Site (Non-SUperfund). Thousands of UMTRA "vicinity properties" have also been Identified where milt talMngs were used as sand In conc:r9te , roadbase, trenches, bricks, etc . Such propertles have been remedtated In Durango , Grand Junction, Frulta, Palisade, Gunnison , Maybell , Naturrta and Rifle, but some unldentlfted talllngs may stlll remain In and around these communities . CDPHE's 11st of Vicinity properties Is not publlcly avaUsble and was not searched fo r thla report. Property-specific information is available through the CDPHE Grand Junction office . See www .cdphe .state .eo .us/hm/rptallng.html . Agency Name : CDPHE • CO Dept of Public Health & Envtronrnent, Hazardous Materia ls & Waste Mgmt Div Agency Webs il~: www .cdphe .statc .co .uslhml rp .. ger1 .asp AN D hllµ://www .cdµl1c .stale .cu.uslhmlsf sill!s .asµ I Agency Updated : 06/30106 Updaled by Age ncy : Satisfl Obta ined : 06/30106 Age ncy Contact : Last Requested : 12/27/06 No se t schedu le None -----------------~-~-NPU• Source: 11 / Denver Radium Although the Denver Radium site Is reported as a single NPL listing , It Includes 68 locations grouped into 11 Operable Units spread throughout metro Denver. Because of the large number of scattered locations , Sallsfl treats this NPL site as a separate sounce . For more Information, please visit the Denver Radium web site at www.cdphe .state.co .us/hm/rpdenrad.asp Agency Name: US EPA • United States Environmental Protection Agency, Superfund Program Agency Websibl : )Nww .epa .g~v/regio n08/sf/shtk/index .hlml AND htlp ://www .cdphe .sfate .eo .us/hm/rpdenrad .asp Ag ency Updated : 04 /10/06 Upda led by Agency: Monthly Satisft Obtained: 04 110106 Ag ency Conta ct: None Lui Requested : 07 /1 4/06 , 1---,---~~~=~~~~='I"':'!::-:-~~~~-.~'!'."."'"-.~-.-~~=-.:,-,--.-.-~~~~-:-.-~; • C ·t·· · ·' · .... 1r:,,-::.~,.11.!~•'l\~,i,J;;;\fr*~{f.1J;r~N.:..li t2" '""ii·•·,, .• ,,"' '~a.'." ·:,.d. 1 ·.,, ,,1,,,,,,.,;;_,.1 ;ti'.:'IJ'l~lf,''';1i',1-,.'\:·.;>y,1,ii,·i,f:.,:t ·:',,.l1 ', '-..;f ~ .. '-~-!~~~ t 1:'·~~:i&!:~~~1~!&wa~~t5~ ..... 11 .. !!'-.e .. t!!!!.~!,.~ ...... ~.! ~la.c!i;. ~.~J•-ii~!£~1td.tl:;~·t;!: .. ~.-,~,s:A.~"'~~:'-~7·l:.~Lt· TSO Source : 11 4 / RCRIS Fadlltte, that Treat, Store or Olspon of hazardous waata (TSO sltee) are regulated under the Resource ConservaNon & RecoveryAct (RCRA). Nattonwide, there are approximately 2,000 TSO facilltles . TSO sites are a subset of the Resource Connrvatlon & Recovery Information System (RCRIS). Agency Name : US EPA -United States Environmental Protection Agency , Office of Solid Waste Agency Webs ite : www epa .gov1Ap3oswer/h117.Waslelcalfar.1li ty him t-------Agency Updaled : 06 113/06 Updated by Agency : Sat isn Obtained : 06 113/06 Agency Contact: I Last Requested : 12/2 7/06 s .. e, S I O• 8 ¥w No 01 e tev-Ave & Z.in , SI L !!leto CO .oo Sa• 1 ,~ • :>-200-~ 3 • Report t 5302291l •1119 07 9 33 Monthly Tony Se lle P e 45 ol 49 Database Sources (Cont.) i~----~~~~~~~~--~=~-.::-~=~~~~~~~~----~~~~=~~~=;;;;;.;;;;;i i · :s~•i§rrt:.t('.~i,/f:t~{i:t:fJ ·: }''.:)fji:~,1~:~11fi.!~~6 ~~t~f ,¢.~ht>· {.:,:: '. ··;i:\~)w~,~Y.i;i,r.i111~fti1fi~t~t@:i:t~ I CERCUSI• ! Source: 129 / Cl!RCLIS The Comprehensive Environmental Response, Compensation, & Liability ' ·· 1 Information System (CERCLIS) Identities potential and conflmied hazardous waste sltes that are being I I , assessed by EPA for poaaible Inclusion on the National Priority List (NPL). If a site does not qualify for the , There are over 11 ,000 CERCUS litee nationwide . · I ' NPL, It is removed from CERCLIS ,and archived on the No Further Remedial Action Planned (NFRAP) list. I . . . J ~:~: ::::~e: US' ~:PA .;,~;t~-•~~,t~ •• ~;::~~~~~l.~~::~'.~~1 ~~~;· Superfund Program Agency Updated : 12/08/06 Updated by Agency : Monthly CERCUS/• Satisfi Obta ined : 01 /1 0/07 Agen cy Contact: None ~ Last Requested : 01/10/07 / Source: 124 / NFRAP The No Further Remedial Action Planned (NFRAP) database identifies-sites where assessment hP been completed and EPA has detemiined that no further steps will be taken to list the site on the National Priority List (NPL). This may mean that: a) no contam ination was fo und : b) contamination was removed ; or c) contamination was not serious enough to qualify for the NPL. Nationwide , there are over 33,000 NFRAP sites. NFRAP sites are synonymous with Archived CERCLIS sites . Agency Name : US EPA -United States Environmental Protection Agency . Superfund Program 1-------_...Agency Website : •lnp · 'lw'llw .epa gcv:supr1:nt1li1J/s1te:.i~rc:01tE:.>.'1nl1~:t .llf11 1 Agency Updated : Satis fi Obtained : Last Requested: 10/31/06 10/31/06 10/31/06 Updated by Agency : Agency Contact: Monthly None 11-------~-------------------------------------------1 ·· SOUDWASTE Source: 70 / CO Old LandftUa This database i1 proprietary to Satisfl and represents a compilation of eleven 1tate end local agency sources . The agencies generated these lists on a one-time basis and do not expect tc update them . A more detailed description of the applicable source is included wtth any ftndlngs reported from this detabaae . The eleven sources are : 1 . Adams County CO Old Landfills 2 . Arapahoe County CO Old Landlllls 3 . Douglas County CO Old Landlllll -4 . Weld County CO Old LandflUs 5. Boulder County CO Old Landftlls 6 . Jefferwon County CO Old Landtllls 7. Denver CO Methane Study 8. CO Methane Study 9. ORCOG Methane Study 10. Denver CO Old Fl Sites 11 . CO Old Wasta Sites Agency Name : US EPA and variou1 State and Local Agencies Agency Website : N,;, webs1/e a•1 a11a ,1e Agency Updated : Satisfl Obtained : 02/06/03 02/06/03 LaS1 Requested : 02/06/03 Updated by Agency: Agency Contact Never Varies .. iciLIDWASTE-r· Sou-.,;~125/ -CO-CDPH.e°LnfflHi-~~kjw-;shl -faclUti~s ~v~ ;cei;ed-p;~j~ fro~ the -siit ... -f,ii ·-· -· facllltles may be open or doled. Agency Name : COPHE -CO Dept of Public Health & Environment, Hazardous Materia ls & Waste Mgmt Oiv Agency Website : ww.,, ~r.!phe ~late co us1hm,cp_gen as~iv.i, _s Nu Agency Updated : 1·1/03/06 Updated by Agency : No se t schedule TANKLEAK Satisft Obtained : 11/03/06 Agency Contact: Mi ra Neumiller Last Requested : 11 /03/06 Source : 23 / LUST Tru1t T1nk1 Suspected tank leaks have been discovered 11 these lite,, but the faclllty r.sponaible br the luk has not been identified. The state 's Investigation end Maren for r.apon1ib e part>ts la paid for out of tha state's l.uklng Underground Storage Tank (LUST) Tru1t fund . Agency Name : Colorado Dept of ubor & Employment. Olvialon af OH & Public Safety , Sl.ltt Fund Section Agency Website : 111111 "01 1 r.ct lfi ~llllf! rn ,,s '(')I L 'r:1ull1/Funct_nn,,,f! a•p Agency Updated' • 0 ,io,ioo-·· ..... --(jpdatid oy .Agincy.--oa iaba se ·closed .. Sausft Ob1a ,ned . t 1/16/02 Age ncy Contact: We ndy Shoup Laat Requested : 1 1/15/02 TANKLlAI< I lourca: 121 / Tank Laaka Tht1t art above-ground and underground storage ta nk IH I that have bee n / r.poned to !ht state . l Agency Name : Colorado Dept of ubor l Emp loyment. Oiv11 ion of 0 ~ & P blic S•fety . Otl lnapectors Section Ag4t ncy Website : , 11. • 11 , ,, 111-.. .. ,..,., '4 ,.; h r '" '"•' -Agency Upd11td 01 i 1 t/07 Updaltd by Age ncy Fre~1.t ntly S1111 n Obt11ned · 01/1 t/07 Age ncy Contact Wendy Snouc I I Ult RtQU Hltd 01 111/07 L...------------------------------------------'' I <I f,., Subi tet S,1e 01 Bow Nott ot e·ltv,e Ave & Z..n • SI tlltion CO c.oo Sit1S Inc• 720 ,200·9' 3 • "•c0l1 •S3022 e • / QT 9 33 p 4 Ol 48 I•. ,,. ',' ·' I I I I I I I I I : I I Catai;iory VCU• : Database Sources (Cont.) 1/2 mile search radius (Cont.) I Source : 115 / CO VCL VCUP Colorado 's Voluntary Cleanup List (VCL) ldentlfles sites where owners havl! submitted for state approval either a Voluntary Cleanup Plan (VCUP) or a request for a No Action Determination (NAO). The state's cleanup dec isions are baaed on existing standards and the proposed use j of the property . Owners are respons ible for the cleanup and verification . Agency Name : CDPHE • CO Dept of Public Health & Environment, Hazardous Matenals & Waste Mgmt D1v 1 Agency Website : Agency Updated . Sat1sfi Obtained . 06 /28 /06 06 /28 /06 12/27106 I f'/'' •: ~j l , I 'l · 1~ ~; ! Jf ;., ,, Updated oy Age ncy Age ncy Contact. Na se : sch ed ule Mark W alk er ! Last Requested : I ......... __ v_c-·u-.--~1-s-0-urc_e_:_1_1_2_/_F_e_d;~a l Browhflelda Man;;ment Sy-.-,.-m--T-he· -B-,o._w_n_fi-1e-ld_s_M_a_n-ag_e_m_e_n_t_S_y_s_te-m-(B_M_S·)--------·- j is the official EPA database of the Brownfields Program . Property-level information contains bas,c location j data about a physical area be ing targeted within the overall grant. More detailed information about each j property is captured including informat ion about specific tracts within a property , and includes data regarding I I zoning, former use(s). contaminants , affected media , and assessment, cleanup and redevelopment activ ities . Although the more detailed information is not available far download. it can be v iewed at the web address I I below . I I Agency Name : US EPA -United States Environmental Protection Agency. Brawnfields Management System __J_ Agency Webs ite : 1 ,q , w 1.v'fl ?.i'1 q1 h ,:;,,,,,·:1 ·h rn 1! IH11 ... 1t 1il ?.·~ hr:111 ' ~·--Agency Updated : 03 /30 /06 Updated by Agency. Na se t sc hedule Satrsfi Obtained : Last Requested : 05/30/06 12/07/06 Agency Contact : None .,, .. Category ....... ·,.;, · :, · · .1/4 mile search radius .. TANK I ·source ; ·127 I TANKS T~s~ are abov~-ground and u~·de;gro~nd storage tanks that have been registered Agency Name. Colorado Dept of Labar & Employment, Div1s1on of Oil & Public Safety. Oil Inspectors Section I with the state. .. .. .. Agency Website . hrir t!r._0.:1~"...:~~-~1_:>_1:.c~is~~on~P.-~5.!: _____ ............ _ ---·-· ____ . __ _ .. ·- Agency Updated· 0 1/11/07 Updated by Agency · Frequently SPILL GENERATOR AU U • Sat isfi Obtained: 01 /11/07 Agency Contact: Wendy Shoup Last Requested : 01 /11/07 Source : 105 / ERNS The Emergency Response Notification System (ERNS) contains data an all re leases of oil and hazardous substances reported to the National Response Center (NRC) and to the EPA since 1986. The information is usually called in by a person associated wijh the facility or vehicle that had the release, atthough government agencies and the public at large may also call. All calls are recorded without regard for their significance or accuracy, and information is often sketchy. Nationwide . approx imately 30-35 ,000 reports are recorded every year. Agency Name : US EPA -United States Environmental Protection Agency. National Response Center (NRC) Agency Website : w•.,\V nrc 11~cg n11l w'1hcg 1 ·wr1!1r1 11 P.>e •WvVW lJ SE R/1/II EBDB fo,a_quN) ~~nv, _P~""' Agency Updated· 04 /07/06 Updated by Age ncy: Annu a lly Sat1sfi Obtained . 04/07/06 Agency Contact: None Last Requested: 04 /07 /06 I Source : 114 / RCRIS These facilities generate hazardous waste and are regu lated under the Resource I ConseNation & Recovery Act (RCRA). Generators are a subset of the Resource Consel'\latian & Recovery Information System (RCRIS ). I Agency Name : US EPA -United States Environmental Protection Agency, Office of Solid Waste Agency Webs ite : vi.ww cpc1 gr;v1 1..;J d 'J'>w cr ,11ut,·1~J3h.: 1.:c, (d t.1111:, •1111 , Age ncy Updated · 06 /13/06 Updated by Age ncy· Sat1sfi Obtain ed 06/13/06 Age ncy Contact Last Requested 12/27/06 Monthly Tony Se ll e I S~u~~;:-11'i , co Envlro~~~~I R;al c~~.~~~11 List CDPHE has the auihonty to appr~ve r~quests io . 1 restrict the Mure use of a property us ing an enforceab e agrffment called an environmental real covenant. I When a contaminated site 11 not cleaned up complete ly. land use restnctions may be used to ensure that the selected cleanup remedy Is aaequately protective of human hea lth and tn e environment. Environme nta l covenants are availaOle for rev iew under the Colorado Open Records Act 1n the Hazardous Mate nals and Waste Management Divis on Records Center. 1 Agency Name : CDPHE • CO Dept of Public Health & Environment, Hazardous Materials & Waste Mgmt 01v AgencyWeb11te · r,•1;, ... vv -,\/·j~·e~1,v~ •. ,,,,,.~ .,·.·~,-=·.,,•·. i:. A gency Updated Sat ,sfl Ootain eo Lnt Requested 06 /05 106 06/05,06 12127 06 U~o ated oy Age ncy A;enc1 Cortact No se t schedu le Non e s.o,, t S 1 , s ... "":irrn o f Be ,,e,,e.v A,e & ZJn , St L 1n,e1c ~ :-:, z:cs s 1 , inc • •. 2oc 4'3·R .ru S3C22 ,, 1e o1 9J3 p 4' o ! 48 ;,' \ ·, f i , r. .. : . Category AULJa Database Sources (Cont.) 1/4 mile search radius (Cont.) loun:1: 121 / Fldlral ln1tltuttonal Control Tracking System The EPA's Institutional Control Tracking i System (ICTS) la currently limited to controls that are in place at Superfund sites . Institutional controls are typically admin istrative measures, such as groundwater use restrictions and property use restri ctions. Intended to prevent exposure to contamination that is not going to be removed from a sile . Deed restnctions are normally recorded to document the controls. Agency Name: US EPA · United States Environmental Protection Agency, Institution Co ntrol Tracking System ________ ! Agency Website : r : .. ,.!,,.,,, a. ,m··,1>1•.· ----·-----·---- AUU• OTHER Agency Updaled· Satisfi Obtai ned : 10118106 01104 /07 Last Requested: 12/27 106 U pdated by Agency: No se l schedul e Age ncy Contact. Mi ch ae l Be ll ott Soun:a : 130 / Federal Engln11rln11 Controls The EPA's lnstttutional Control Tracking System (ICTS) also tracks engineering controls at Superfund sites. Engineeri ng controls are typically engineered systems . such H caps, liners, and slurry walls , intended to prevent exposure to contamination that is not going to be removed from e site . Agency Name : US EPA· United States Environmental P rotection Agency, Institution Control Tracking System Agency Website : r 10 ·.•,eo""' ~v;;,1 ;,hl : Agency Updated: Satisfi Obtained : Last Requested: 10/18/06 01 /04/07 12127/06 Updatea by Age ncy : Agency Contact : No se l schedule M ichael Be ll ott Source : 114 / RCRIS These facllltes are listed on the Resource Conservation & Recovery Information System (RCRIS) but don't ff! Into the category of CORRACTS . TSOs, or Generators. Many of these facilities are on the 11st simply because they notified EPA that they did NOT generate hazardous waste. Others are hazardous waste Transporters, Non-Notifiers (facilities suspected of handling hazardous waste without proper authorization), former Generators, etc. Agency Name : US EPA · United States Environmental Protection Agency, Office of Solid Waste Agency Website : www "'P " gov/..,p a nswP.r ·ha.••.va 51..,.'r.;,:f~,:i 111y 111111 Agen cy Updated . Sat1sfi Obtained . Lasl Requested : 06 /13/06 06 /1 3/06 12/27/06 Updated by Agency · Agency Co ntact: Monthly Ton y Se lle s~o .ec: S,11 O• Bow II.or,~ of S1 li1v ew Ava & z~n SI L1rt1a1on CO oo Sar i 1~c , 720 ·200·94 3 • Re::,ori r SJ022 •111 8/07 9 33 D RESOLUTION NO. SERIES OF 2007 \ ldfil A RESOLUTION VOIDING ORDINANCE NO . 45, SERIES OF 2007 AND TRANSFERRING FUNDS FOR THE PURCHASE OF THE OXBOW PROPERTY. WHEREAS, the Englewood City Council approved Ordinance No . 36, Series of 2007 entering into an Intergovernmental Agreement (IGA); Ordinance No. 45, Series of 2007 relating to the Purchase and Lease of the Oxbow property; and Resolutions No. 48 and No. 49, Series of 2007, relating to the transfer of funds for the project; and WHEREAS, the Owner of the property subsequently rejected the terms of the Purchase and Lease Back Agreement, specifically the purchase of insurance and returning the property free from environmental hazards; and WHEREAS, South Suburban Park and Recreation District has come to an agreement wherein it will purchase the property and lease it back to Mr. Koch; and WHEREAS, the County has indicated that the funds approved by Ordinance No. 36, Series 2007 may be used by South Suburban Park and Recreation District for the purchase of the Oxbow property without altering the current IGA (see letter attached as Exhibit A); and WHEREAS, $437,500.00 of Englewood 's grant funds shall be delegated to South Suburban Park and Recreation District for the purchase of the Oxbow property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Ordinance No. 45, Series of 2007 relating to the Purchase and Lease of the Oxbow property is hereby found to be void. Section 2. Resolutions No . 48 and No. 49 , Series of 2007, relating to the transfer of funds for the project and the funds allocated to Englewood in Ordinance No . 36, Series 2007 are hereby delegated to South Suburban Park and Recreation District for the purchase of the Oxbow property. Section 3. The City Manager and the Director of Finance and Administrative Services are authorized to transfer $437,500.00 for purchase of the Oxbow property. ADOPTED AND APPROVED this 5th day of November, 2007. ATTEST: James K. Woodward, Mayor Pro Tern 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 1 I : I . ' I I I I I I I I I : Alan White From: Sent: To: Cc: Ron Carl [RCarl@co.arapahoe.co.us] Thursday, November 01, 2007 11 :59 AM Hillary Merritt Bob Toll Subject: Englewood Grant Hillary, Pa~l of 1 As we discussed over the phone, Arapahoe County is ok with title to the Koch/Oxbow property being heWby South Suburban Recreation District. Further, Englewood may use its 2006 grant to this end without neetig to amend the 2006 grant agreement. If you have any questions, please let me know. Ronald A. Carl, Assistant County Attorney Arapahoe County 303-795-4639 rcarl@co .arapahoe.co . us II X H I a I T A RESOLUTION NO. SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the City Council for the City of Englewood , by Section 49 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the City Manager; and WHEREAS , City Council reviewed the performance of the City Manager; and WHEREAS , the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; and WHEREAS, the City Council has determined that the salary of the City Manager shall be adjusted !O reflect market salary levels of City Managers in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The annual base pay for the City Manager shall be $162 ,240 conunencing November I , 2007. ADOPTED AND APPROVED this 5th day of November, 2007 . ATTEST: James K . Woodward, Mayor Pro Tern Lou crish ia A. E ll is, 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. L oucrishia A. E llis, City Clerk 12 bi 0 ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council, by Section 64 of the Englewood Home Rule Charter, has the responsibility of appointing and establishing compensation of the City Attorney; and WHEREAS, City Council reviewed the performance of the City Attorney; and WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; and WHEREAS, the City Council has determined that the salary of the City Attorney shall be adjusted to reflect market salary levels of City Attorneys in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the City Attorney shall be $151,840 commencing November 1, 2007 . ADOPTED AND APPROVED this 5th day ofNovember, 2007. ATTEST: James K. Woodward, Mayor Pro Tern 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 2 b ii RESOLUTION NO. SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Court Judge; and WHEREAS, City Council reviewed the performance of the Municipal Court Judge; and WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; and WHEREAS, the City Council has determined that the salary of the Municipal Court Judge shall be adjusted to reflect market salary levels of Municipal Court Judges in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the Municipal Court Judge shall be $117,520 plus a $100 per month technology allowance. ADOPTED AND APPROVED this 5th day of November, 2007 . ATIEST: James K. Woodward, Mayor Pro Tern Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cc1tify the above is a true copy of Resolution No . __ , Series of 200 7 . L ouc ri shia A. E llis, City C lerk - 12ltiii