HomeMy WebLinkAbout2007-12-17 (Regular) Meeting Agenda PacketJ
1.
2.
3.
4.
Call to order.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
Monday, December 17, 2007
7:30 p.m.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
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Invocation. ~ ~
Pledge of Allegiance. )}ze-~
RollCall. ~~ /~llf4tJ~
5. Consideration of Minutes of Pre vio us Session .
0/)p/ j-t) a. Minutes from the Regular City Council meeting ofDecember 3, 2007. ~ ,
U~ ~~'fl~~~~ .. )R.JS71/IS
6. Recognition of Scheduled Public Comment.' (Pfease limit your presentation to ten minutes.) -
a. Sunshine Cross, Vice Chair of the Keep Englewood Beautiful Commission , will present
the 2007 Holiday Lighting Awards .
7. Recogniti on of Unscheduled Publi c Comment. (Please limit y our presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited sha ll be
continued to General Discussion.)
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8. Communications, Proclamations, and Appointments .
Consent A~nda Items. ·
0At.t£Y lftO ()IIJ ~ Alf'~///!.. Cl)Jjp& IJ r M,M 1M I 1/!4~ 9 tl i 1i . <f 9 Ir 1 · j i
a. Approval of Ordinances on First Reading. ). )
i. Council Bill No. 74 -Recommendation to adopt a Bill for an Ordinance extending
the limited waiver of the waste trans fer surcharge until December 31 , 2009 for
Englewood, Littleton, and Sheridan 's public clean-up programs . STAFF SOURCE:
Frank Gryglewicz, Director of Finance and Administrative Services.
Englewood C ily C oun c il Agenda
December 17, :wo7
Page 2
i i. Council Bill No. 75 -Recommendati o n to adopt a Bill for an O rdin an c e am e11din g
Titl e 5, Ch apter 8, Section 3(c)(b) of th e Engl ewood Municipa l Cod e p e rtai11i11g to
Reflexology licensing. STAFF SOURCE: Frank Gryglewicz, Director of Finance
and Administrative Services .
b. Approva l of Ordinanc es on Seco nd Readi ng.
i .
ii.
Cou nc il Bill No. 70, approving a City Ditch Li c ense Agreement, a Temporary
Construc ti o n Ease ment, and a City Ditch En c roachment Permit fo r the installation
o f two storm sewers and one sanitary sewer at the Swedish M edical Center.
Council Bill No. 73, approving a Confidentiality Agreement a uth o ri z ing the City of
Englewood's Water Rights Attorney to work with Park C o unty, the Upper South
Platte Water Conservancy Distric t, the Center of Colora do W at e r C o nse rvancy
District, the City of Thornto n, Publi c Service Company of Colorado, Cent e nnial
Wate r and Sanitation Distri c t, and the City of En gle wood p e rtain in g to a j o int
effo rt to coll ect o n judgm e nts awa rd e d agai nst the Park County Sp o rtsmen 's
Ranch .
c. Reso luti ons and Motions.
10. Public Hearing Items. (None sc h ed ul e d .)
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11 . Ordi n ances, Resolutions and Motions.
a . Approval o f Ordin ances o n First Readin g.
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h . Approval of O rdinan ces on Second Read in g.
i . Co unc il Bill No. 69, approv ing th e G o lf Course Res ta ura nt Concess i o n ai r e
A greement betwee n th e Ci ty o f En glewood and Dad i o ti s Golf Enterprises, LLC.
Re~o luti o n s and M o ti o n s.
I. RL' ·0 111m e nda ti o 11 fr o 111 th , D t •p ,1rt11 H·11t 01 l11 fo r111 .1t io11 T1•d111 n l c1gy to ·'Pl >mv •, h
M o ti o n, th e purc ha se o f conipul l'r Sl'rv •rs , v i r tu.il iL,tti o n so ft w.m •, stor.t)\l'
techn o l o gy, a nd rela t ed impl em e ntati o n se rv ices fr o m Lo ngVi,•w S , t •111 s i n th
amount o f $336,0 8(). STAFF S~~RCE: Mi c~a cl Flaherty, Deputy Ci ty
Manager/Acting IT Director'/ 1/t.~
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Englewood City Council Agenda
December 1 7, 2007
Page 3
12 . General Discussion .
a. Mayor's Choice.
____ .......,.-.,__...;..;;..........., __ _
ap,,t ff! lhd/2£1 IJ nv~1/lb V!J 'f£:I' afJ Ir ~J)t)i!s
b Council Members' Choice. ,m,izfll ~R ~']///2 ?4-':o'l1tf;;;
~ ~ i-~esolution to approve Aid to Other Agen~
13 . City Manager's Report.
14. City Attorney's Report.
15. Adjournment. o:O(I ~
Pl rvices , please notify the City of Engl wood
ervices are n d d. Th nk you .
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMEN't
December 17, 2007
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
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1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
December 3, 2007
..
The regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7 :30 p.m .
2 . Invocation
The invocation was given by Council Member Mccaslin .
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin.
4 . . Roll Call
Presen t:
Absen t:
Council Members Jefferson , Moore , Penn, Oakley, Mccaslin, Wilson ,
Woodward
None
A quorum was present.
Also present: City Manager Sears
C ity Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Black, Parks and Recreation
Director Fonda , Utilities
Director White , Community Development
Engineer IV Brennan , Utilities
Engineering Technician 1 Dye, Public Works
Golf Operations Manager Spada, Parks and Recreation
Manager Stitt, Community Development
Planner Bell, Community Development
Police Commander Watson, Safety Services
Fire Division Chief Pattarozzi, Safety Services
5 . Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 19, 2007.
Mayor Woodward asked if there was any discussion , corrections or modifications . There was none .
Vote results:
Motion carried .
Ayes : Council Members Penn , Mccaslin , Moore , Woodward, Jefferson ,
Wilson , Oakley
Nays : None
6 . Recognition of Scheduled Public Comment
Englewood City Council
December 3, 2007
Page 2
Mayor Woodward said we a re making a little change to the Agenda r ight here . I will turn it over to Council
Member Mccaslin .
(a) Council Member Mccasl in said Lee Salazar and Ch ief Pattarozzi, would you please come
forward? Council Member Mccaslin sa id I'm go ing to read my ema ils that I received through the County . It
says : "thank you for attending the 100 year celebration of the Englewood Bible Church . I though t I would tell
you about someone who I think is a great asset to our City . Last Sunday , we had a gentleman pass out from
heat exhaustion, and needed medical attention . One of the members immediately recognized the problem and
helped this man to the stage. He cooled the man down, checked his vital signs , and helped him upstairs to
cooler surroundings . T hankful, he is doing better and is scheduled for a full phys ical to make sure nothing else
is affecting him . This was not the only situation we have had . A man , named Bob Pickering , passed out on
Wednesday night and he was helped by this same man. Bob had fallen backwards and cut open his head . He
was bleeding badly and did not know where he was . Mr . Salazar stopped the bleeding and helped Bob regain
consciousness . Mr . Pickering was then taken to the hospital and was checked out there . I think in both cases ,
if not for the quick response on Mr . Salazar's part, both men would have come out with some kind of damage to
their hearts or brains. I am not a member of the church , but I am thankful for having people like Mr . Salazar in
our community . I don 't know his first name, but maybe you can thank him on behalf of the City of Englewood . I
just wanted to have him thanked in some way for being a good citizen ." Council Member Mccasl in sa id I also
want to thank him . I received this personally and I've known Mr . Salazar through softball and other commun ity
events. He 's a great asset and, even though he doesn't live in the City of Englewood, he's really helped our
community . And thank you Mr. Salazar . A round of applause followed .
Fire D ivis ion Ch ief Pattaroz z i sa id the Englewood Department of Safety Serv ices Ce rtificate of Commendati on is
he reby presented to Lee Salazar . On two separate medical emergencies , Mr. Sala z ar inter vened and
admin istered first aid to the patients, prior to the arrival of EMS personnel. His prompt actions contributed to the
successful recovery of the patients . Mr . Salazar's willingness to become involved is hereby recogni zed and
commended . Mr. Salazar, thank you very much . A round of applause followed .
Mr . Salazar said thank you .
(b)
Cal endar :
City Council recognized the student art ists whose artwork is included in the 2008 Englewood
Mayor Woodard sa id to ni ght we have the pleasure of honoring the students whose a rtwork is featu red in the
2008 En gl ewood C alen d ar . Each year , the City holds an art contest t hat is open to all students w ho liv e o r g o to
school in Eng lewood . T he top 13 pieces from the student art contest are showcased in the calen d ar. T hanks to
the art teachers and parents for their su p p ort of t he se talen ted youn g artist s . I ha d t he p leasure of serving on
the Selection Panel, along with : former City Council Member Ray Tomasso, Cultural Arts Commission
Members : Mary Lynn Baird, Heather Bartunek, Jennifer Enger, Kate Dulaney, Janet Moore, Donna Schnitzer ,
Jim Doty , Artist, Community Member, and husband of the late Mayor Olga Wolosyn and Lilli Schestag , Project
Manager from the Museum of Outdoor Arts . I would also like to menti o n that this year's calendar is dedicated in
the memory of Mayor Wolos yn . Ol ga w as th e ins p iration behind the a nnu a l stu dent art calendar project. So
with that , I would also like to tha n k ou r g e nero us sp o ns ors : Jerry 's Ar tara m a, Englewood Arts, A & B Custom
Framing , Frame de art, L & M Pressworks, the M useum of O utdo or A rts, Engle wood Cultural Arts Commission,
Millennium Bank . Greater Engle wood Chamber of Commerce and Cornerston e Books . We are returning the
art ists ' artwork this evening -matted and framed . Artists will also receive a gift card from Jerry's Artarama,
Engl ewood's art supply store, located at 3473 S . Broad way and tickets to the upcoming Englewood Arts ' holiday
production of "Gifts of the Magi." We would like to take a photo of all the artists after the recognition . Please
gath er afterwards for a group photograph, with your artwork, in the lobby outside Council Chambers . Mayor Pro
Tern John Moore and Council Member Jill Wilson will help me with this presentation . I would like each artist to
come forw ard as your name is called .
Mayor Pro Tern Moore sa id the 2008 Calendar artists are :
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Englewood City Council
December 3, 2007
Page 3
Dela iney Stevenson, a 2"d Grader at Clayton Elementary School. Delainey's artwork, "Chameleon ," appears on
the cover this year . A round of applause was given .
Next is Kyla Greer , a 1 st Grader at Bishop Elementary School. Kyla 's artwork , "Dancing Man," is featured in
January. A round of applause was given .
The next artist is Raven Broughton, a 4 th Grader at Clayton Elementary School. Raven 's artwork, "The
Chicken ," appears in February. A round of applause was g iven .
Our March artist is Justin Grimes , a 3rd Grader at Maddox Elementary. His piece is a self-portrait. A round of
applause was given .
Next is Shannon Kelly , a 1st Grader at All Souls School. Shannon 's artwork is featured in April. A round of
applause was given .
Natasha Fish, an 11th Grader at Littleton High School , is our May artist. Her painting is entitled "Last Day of
Summer." This is the fourth time Natasha's paintings have been featured in our calendar . A round of applause
was g iven .
The next artist is Constance Krabbe, a 4th Grader at Maddox Elementary. Her "Sunflowers" painting appears in
June . A round of applause was given .
Next is Gerald Lucero , an 11th Grader at Colorado 's Finest Alternative High School. Gerald 's artwork ,
"Japanese Ko i" appea rs in July . A round of applause was g iven .
Next is Sean Pappone , a 3 rd Grader at Clayton Elementary School. Sean's "The Ill Hound" appears during the
dog days of summer in August. A round of applause was given.
Kenny Berry is our next artist. Kenny is a 5th Grader at Clayton Elementary Schoo l. H is artwork , "Tall Buildings ,"
is featured in September. A round of applause was given .
Our next artist is Candy Valente , a 5th Grader at Cherrelyn Elementary. Candy's artwork appears in October . A
round of applause was g iven .
Danielle Schab l it sk y is ou r November artist. Dan ielle is a 5 th Grader at All Souls Schoo l. A round of app lau se
was g iven.
Last but certainly not least is Brandon Reichelt, a 5th Grader at Clayton Elementary School. Bran don's artwork,
"Me, Myself, and I," appears in December. A round of applause was given .
Mayor Pro Tern Moore said congratulations to all of our artists . Let's give them another round of applause.
Thanks to all of you for coming this evening to help us recognize these talented artists . There are plenty of
calendars available on the table at the back of the room . And then please don't forget, w e'd like to ge t a group
photograph, outside of Council Chambers, of all of the artists . Thank you .
The artists received another round of applause .
7 . Rec og ni tio n of U nschedul e d Public Comment
(a) Jim Glasscock, from the Englewood Masonic Lodge, said I presently live in Denver, but my
home is still here in Englewood . I am a graduate of Englewood High School, long before coach was involved .
It's kind of hard to follow an act like that. Englewood Masons likes to work with the kids . I don't know if the
Council is aware of what the Englewood Masons are doing for our Englewood kids . One is the project where we
donate the school supplies to the elementary schools . Right now we 've collected enough supplies to help all of
the kids in the Englewood elementary schools , all five of them . And the other project that the Englewood
Masons are doing is we're giving dictionaries to all the third grade kids . And th is year, I was able to get them
Englewood City Council
December 3, 2007
Page 4
out early. Last year , I wasn 't able to get them out early , because of some surger ies that I had and I wasn't able
to get them out as early as I wanted . And we 'd like to th ink that the raise in the Englewood third grade reading
project had to do with our giving them the dictionaries, so they could learn to spell. So that was one thing . The
main reason that I came here tonight is to update you on the project. This weekend we had our first open
house, at the old Masonic Building , for the sale of the condos and so on . And I have a picture here , if you want
to pass it down through the Council , if they want to look at it. It's the renditions of the property and if you 'd like
to see it , I'll pass it down to you . But the project is moving forward . I was informed this morning that we had
one individual signed up for one of the penthouses, so that's first day out. And we had four appointments set up
for this week for the sales of some of the other condo units . Our real estate agent has appointments with some
doctors for the first floor medical complex . So it was real encouraging th is weekend , for not having any "real "
advertising , what I wou ld call real advertising, so we 're going to get out and start papering the street and get an
ad in the Englewood Herald and so on like that. I thought that was what I'd like to do for you tonight , and since
we have several new members on the Council and they didn't know when or where of what was going on, at
3500 South Sherman Street. Any questions? I'll be glad to try to answer them .
Mayor Woodward said thank you .
8 . Communications, Proclamations and Appointments
(a) A memorandum from Chair Holly Montague adv ising Council of Jeff Rovner 's verbal not ification
of his resignation from Keep Englewood Beautiful was considered .
COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF
JEFF ROVNER FROM KEEP ENGLEWOOD BEAUTIFUL.
Mayor Woodward asked if there was any discussion . There was none .
Vote results :
Ayes :
Nays :
Mot ion car ri ed .
9 . Consent Agenda
Council Members Penn, Mccasl in, Moore , Woodward, Jefferson ,
Wilson, Oakley
None
(a) Approva l of Ordinances on First Reading
There were no additional items submitted for approval on first reading . (See Age nda Item 11 .)
(b ) Approval of Ordinances on Second Read ing
There we re no add ition al items subm itted for approval on second read ing . (See Agenda Item 11 .)
(c) Resolutions and Motions
T he re were no additional resolutions or motions submitted for approval. (See Agenda Item 11 .)
10 . Public Heari ng It ems
No public hearing was sc heduled before Counc il.
11 . Ord inances , Resolution and Motions
(a) Approval of Ordinances on First Reading
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Englewood City Council
December 3, 2007
Page 5
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(i) Manager Spada presented a reco mmenda ti on to adopt a bill for an ordinance approving
the Golf Course Restaurant Concess ionaire Agreement between the City of Englewood and Dadiot is Golf
Enterprises, LLC . He said I am the Recreation Services Manager in charge of Golf Operations of the current the
Englewood Golf Course, soon to be the Broken Tee at Englewood Golf Course. Dadiotis Golf was formerly the
Caddy Shack , LLC . They have been with us for a few years now, have been w ith us during the construction
process and have done a great job , offering quality guest services and great food , and with a decrease in
revenue. So here's a chance for them to make that back up when we reopen . There is a change , as we
discussed in the Study Session : a change in the rent , some maintenance payments and some operat ion hours
and beverage cart service . And at this time, I will entertain any questions that you may have for me .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i).
COUNCIL BILL NO . 69.
COUNCIL BILL NO . 69 , INTRODUCED BY COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND DADIOTIS GOLF ENTERPRISES , LLC,
FORMERLY CADDIE SHACK, LLC .
Mayor Woodward asked if there was any discussion . There was none .
Vote results :
Ayes :
Nays :
Motion carried .
Council Members Penn, Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
None
Mayor Woodward said thank you Bob . Mr . Spada said I apprec iate that.
(i i) Director Fonda presented a recommendation from the Ut ilities Department and the
Water and Sewer Board to adopt a bill for an ordinance approving a City Ditch License Agreement , a Temporary
Construction Easement , and a C ity Ditch Encroachment Perm it fo r the insta ll at ion of two storm sewers and one
sanitary sewer at the Swedish Medical Center . He said Swedish is mak ing some modifications in front of their
building and they have to relocate just small portions of some storm and sanitary sewer. And this will create a
l icense , temporary construction easement and the C ity D itch en croa c hmen t pe rmi t for ins talling these lines in
ou r City D itch Right-of-Way that runs right in front of th e bu il ding . The Water and Sewe r Board recommended it
at the ir November 13 , 2007 meeting .
Mayor Woodward asked if there were any questions for Stu . There were none.
C OUNCI L MEMBER MOORE MOVED , AND IT WAS S ECON DE D, TO AP P ROV E AGENDA IT EM 11 (a) (ii) •
COUNCIL BILL NO . 70 .
COU NCIL BILL NO. 70 , IN T ROD UCED BY CO UN CIL MEMBER MOORE
A BILL FOR A N ORDI NANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMENT", A
"TEMPORARY CO N STRUCTION EASEMENT" AND A "CITY DITCH ENCROACHMENT PERMIT" TO HCA ·
Health One LLC , dba SWED ISH MED ICAL CENTER FOR THE INSTALLATION OF TWO STORM SEWERS
AND ONE SANITARY SEWER SERVICE LOCATED AT 501 EAST HAMPDEN AVENUE .
Mayor Woodward mentioned that there is a typo, on page one of the license agreement, the bottom , number 4 ,
"The City shall have the right to maintain, ins tall ... " and I th ink that word should be repair .
Director Fonda agreed and said that they will change it. Thank you .
Vote results :
Englewood City Council
December 3, 2007
Page 6
Motion carried .
Ayes : Council Members Penn, Mccaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays : None
(iii) Director Fonda presented a recommendation from the Utilities Department and the
Water and Sewer Board to adopt a bill for an ordinance approving a Confidentiality Agreement authorizing the
City of Englewood's Water Rights Attorney to work with Park County, the Upper South Platte Water
Conservancy District, the Center of Colorado Water Conservancy District, the City of Thornton, Public Service
Company of Colorado, Centennial Water and Sanitation District, and the City of Englewood pertaining to a joint
effort to collect on judgments awarded against the Park County Sportsmen 's Ranch . He said the City of
Englewood had joined several other entities in opposing an aggressive water rights application involving the
Park County Sportsmen's Ranch and the City of Aurora. The suit was of a nature that the parties, after we won
the lawsuit, sought damages to cover our legal costs . The costs were awarded and Englewood 's share was
$100 ,000 .00 . The applicants, in the case , had funded their case through loans so no payment was received,
just a recorded interest in a ranch . We're seeking, potentially, legal action to recover the monies but at this
point, we just simply want to get with the other parties and evaluate our position, because it may not be that we
can recover the monies awarded . This just involves a confidentially agreement with the other parties, that would
then allow us to exchange information and that would help us in our determination as to whether we want to
proceed with them in seeking the damages.
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -
COUNCIL BILL NO . 73.
COUNCIL BILL NO . 73 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"CONFIDENTIALITY AGREEMENT" BETWEEN THE COUNTY OF PARK , COLORADO; THE UPPER SOUTH
PLATTE WATER CONSERVANCY DISTRICT; THE CENTER OF COLORADO WATER CONSERVANCY
DISTRICT; THE CITY OF THORNTON , COLORADO; PUBLIC SERVICE COMPANY OF COLORADO ; THE
CENTENNIAL WATER AND SANITATION DISTRICT; AND THE CITY OF ENGLEWOOD, COLORADO ,
PERTAINING TO A JOINT EFFORT TO COLLECT ON JUDGMENTS AWARDED AGAINST THE PARK
COUNTY SPORTSMEN'S RANCH IN THE DISTRICT COURT FOR WATER DIVISION 1, COLORADO .
Mayor Woodward asked if there was any d iscuss ion .
Council Member Mccasl in asked does this mean, if I'm getting th is rig ht, that even if we go after these people
there might not be the money there? Is that what you're saying?
Director Fonda said that is correct. That is because they funded their case with debt that was tied to the ranch
and the ranch may have other liens that would supersede us. So we just want to get in and look and see if
there 's a chance of getting any money . If it appears very slim, then we would not proceed with the case .
Council Member Mccaslin asked then how did the City of Aurora also get tied into this? It says first us and then
the City of Aurora .
Director Fonda responded that they would have gotten the water, I think . The Sportsmen's County Ranch would
have sold the water to Aurora .
Council Member Penn asked if we have any money funded into this yet, as far as fees? Have we spent any
money, like staff time or anything, on this at all?
Dire ctor Fonda replied no, just the or iginal money in the original case . We won that case, so it was very
positive, because it would have been quite a water grab and It might have affected us . The case was bad
noug h that the Judge then determined damages should be awarded to those who had to fight it , like
n lewood . So he awarded the damages . But now collecting on them is the issue .
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Englewood City Council
December 3, 2007
Page 7
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Council Member Moore said so Stu, did you say our investment is $100,000 .00 into that lawsuit? Director
Fonda said in the lawsuit, yes .
Director Fonda said but we won the case and most often you can 't then turn around and sue for damages . But
in this case, the judge let the parties make the lawsuit and did award the damages . So we would get our legal
fees back on a case that we won .
Council Member Moore said a fair chunk of our water rates are used simply to defend our water rights . So this
is just another example . That's one of the things that I've enjoyed learning on the Water Board is that it's such a
defensive thing ... protecting our rights is such a defensive step , that we have to take . It is unfortunate . But that
is where some of our water rates go ... are cases like this and maybe we have the opportunity to recoup it, but
maybe not.
City Attorney Brotzman said the answer is that the water rights , the value for the water rights , by far exceed the
$100,000 .00 that we put into it to protect them.
Mayor Woodward asked if there was any other discussion . There was none.
Vote results:
Mot ion car ri ed .
Ayes : Counc il Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 71, approving the redemption and subsequent sale of 2397 West
Harvard Avenue acquired through the foreclosure process as defined by Colorado State Statutes was
considered .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -
ORDINANCE NO. 68, SERIES OF 2007 .
ORDINANCE NO . 68 , SERIES OF 2007 (COUNCIL BILL NO . 71 , INTRODUCED BY COUNCIL MEMB ER
MOORE)
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF PROPERTY ACQUIRED THROUGH
THE HOUSING REHABILITATION FUND LOCATED AT 2397 WEST HARVARD AVENUE IN THE CITY OF
ENGLEWOOD, COLORADO .
Mayor Woodward asked if there was any discussion . There was none .
Vot e res ults :
Mot ion c arried .
Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
(i i ) Council Bill No . 72 , author izing the execution of two Intergovernmental
Subgran tee Agreements between the Arapahoe Board of County Comm issioners and the C ity of En glewo od for
the reallocation of fun ds from the 2006 Arapahoe County Comm uni ty De velopment Bloc k G rant Pro gram was
cons idered .
COUNCIL MEMBER McCASLIN MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b)
(ii) -ORDINANCE NO . 69 , SERIES OF 2007 .
Englewood City Council
December 3, 2007
Page 8
ORDINANCE NO . 69 , SERIES OF 2007 (COUNCIL BILL NO . 72 , INTRODUCED BY COUNCIL MEMBER
OAKLEY)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO INTERGOVERNMENTAL
SUBGRANTEE AGREEMENTS FOR THE REALLOCATION OF FUNDS FROM THE 2006 ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) BETWEEN THE ARAPAHOE
BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO .
Mayor Woodward asked if there was any discussion .
Council Member Wilson said I do have a question . She since this money came because they d idn't have a
reason for any more rehabs or ... because this is rehab money, correct? And we had to loan it dur ing a certain
time period?
Director White said you 're correct. The original allocation was to the Housing Rehabilitation Program and we
have a certain amount of time to spend those funds and we haven't been able to allocate those to any housing
rehab ,projects in the City.
Council Member Wilson asked if that was because there haven 't been any requests or just the t imeframe .
Director White sa id both .
Mayo r Woodward asked if there were any other d iscussion or quest ions . There were none .
Vote results :
Mot ion carr ied .
Ayes : Counc il Membe rs Penn , Mccaslin , Moo re, Woodward, Jefferson ,
Wilson , Oakley
Nays : None
(c) Resolut ions and Motions
(i) Director Fo nda presented a recommendation from the Ut ilities Depa rtment to approve,
by mot ion , the b id awa rd of the Clarkson Street 6 m illion gallon reservoir tank roof repair . Staff recommends
award in g the cont ract to the lowest acceptable bidder, Rest ruction Co rporat ion , in the amou nt of $1 02,805 .00 .
He sai d up in Greenwood V ill age , jus t south of Bellev iew and Clarkson , south e ast , we have thr ee ov erhe ad
storage reserv o irs th at are ou r main sto rag e for the City of Englewood . One is a 2 30 foot in dia meter wa ter tank
that is 21 feet deep . It is a post-tension concrete ro of slab , and the steel tendons that form the tensioning
un its ... there are a bunch of them ... but four of them snapped and came through the concrete and th is is a bid to
re pa ir those tendo ns . T hey will pull the tendons ... they will get new tendons and run new tendons through th e
s leev es th a t they go in . They'll pull them out and tighten them down and then they 'll put a concrete patc hing
an d seal ant all around it. We took thre e b ids for this and the lowest responsible b idder, who is a good
c ontractor , recommended by our engineer ... his bid was $102,805 .00 . That is very close to what we had init ia lly
thought th e budget would be for this repair ... about $100,000 .00 .
Mayo r Woodward asked if the re were any d iscussion o r questions for Stu at th is t ime? There were no ne .
C OUN C IL M EMBER MOORE MOVED , AND IT WAS SEC ONDED , T O APPROVE A G ENDA ITE M 11 (c) (i) -
A C ONTRACT WITH R ESTRUCTION CORPORATION , FOR T HE CL AR KSON ST R EET 6 MI LLI ON G ALLO N
RESER VO IR T ANK ROOF REP AIR , IN T H E AMOUN T OF $102 ,80 5.00 .
Ma yor Wood ward asked if there was any discussio n or commen ts.
M yor W oodward asked if this work would take place du ring the winter . Director Fonda said yes .
(
Englewood City Council
December 3, 2007
Page 9
Mayor Woodward said so emptying the tank, as provided here , wouldn 't be a major concern because it isn 't a
high use time?
Director Fonda said it doesn't matter when repairing the roof because of high use , because we have the other
two tanks online, but it's a low demand season . Yes , that's a good time to do it.
Mayor Woodward said okay. Any other discussion? There was nothing else.
Vote results:
Motion carried .
Ayes : Council Members Penn, Mccaslin , Moore, Woodward, Jefferson ,
Wilson, Oakley
Nays: None
(ii) Planner Bell presented a recommendation from the Community Development
Department to approve, by motion, a design services contract for the Paseo Project (Phase 1) with Mundus
Bishop Landscape Design in the amount of $23 ,070 .00 . He said at the November 19th regular meeting , Council
approved on first reading an intergovernmental agreement reallocating $50,000 .00 of the 2006 CDBG fund, that
was discussed a moment ago, towards Phase 1 of the Paseo Redevelopment Project. Tonight that same IGA
was approved on second reading . So the request before you now is to approve, by motion, a professional
services contract with Mundus Bishop Design for $23 ,070 .00 . That contract would do the following for the
Paseo Redevelopment Project: first it would design the project; it would provide construction and bid documents
as well as other irrigation , electrical , geotechnical, and engineering services that are required to complete the
project. If you recall, the Paseo Redevelopment Project is a project that will improve the mid -block walkway that
connects the businesses. on the west side of the 3400 block of Broadway, with the public parking lots on Acoma
behind those businesses . The goal there is to transform that space into a much safer and inviting, well-lit and
active public plaza . Mundus Bishop Design is a landscape architecture firm in Denver with proven experience in
the design of these same types of urban public places , parks , etc . A proposal from another firm was considered
but for this project , staff found Mundus Bishop Design to be the preferred firm . If Council does authorize the
professional services contract this evening, the consultant will begin work right away on the project. It's a pretty
tight schedule for that project. So, if there are any questions on the scope of services or the project itself, I'd be
happy to answer them . i4
Mayor Woodward sa id I have a question . I'm not real clear .~is agreement/tor the planning of both Phase
1 and 2 ? When I read the agreement, it sounds l ike it is cove ring both of them .
Plann e r Be ll replie d it does . It does cove r both phas e s . Righ t now we have the funding for Phase 1 in hand and
there is an application that is also in f or Phase 2 . We w ill hear th e dis po si tio n o n t hat appl icatio n in Febru ary,
but the design is for both . In order to complete Phase 1, we need to have a good idea of the design for build
out. So, we won't need further design dollars for Phase 2.
Mayor W oodward said okay . Any other questions?
Council Mem ber Penn sai d so when yo u say t ime spent. .. w ill they ha ve to go to the en d of th e bloc ks th en to
ge t through that area, w hile this is hap penin g ? Pla nner Be ll sai d d uring cons truct ion, yes . We'll have a t igh t
construction timeframe, in between the time it's demolished and its back at least in th e functiona l state, w here
people can still use it. So it will be closed for a portion of that time for pouring concrete and so forth .
Council Member Penn asked is there an estimated time? Planner Bell replied I'd say six weeks, at the most.
Council Member Penn said have the businesses been informed about this yet or is this something we have to
do later? Planner Bell said we will be working with the Business Improvement District. We're hopefully meeting
with them in December . Our economic development coordinator has been talking with several of the business
owners, so they are somewhat aware of th is project. We wanted to bring it to Council first. But we will be
bringing them into th d sign proces . So, they have expressed concerns about the Paseo 's and their current
t t , nd th t' on of th main r a on we're pursuing th is project.
Englewood City Council
December 3, 2007
Page 10
Mayor Woodwa rd asked if there are any other questions . There were none .
COUNCIL MEMBER JEFFERSON MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(ii)· A DESIGN SERVICES CONTRACT FOR THE PASEO PROJECT (PHASE 1) WITH MUNDUS BISHOP
LANDSCAPE DESIGN IN THE AMOUNT OF $23,070.00.
Mayor Woodward asked if there was any further discussion . There was none .
Vote results :
Motion carried .
Ayes : Council Members Penn , Mccaslin, Moo re , Woodward , Jefferson ,
Wilson, Oakley
Nays : None
(iii) Manager Stitt presented a recommendation from the Community Development
Department to approve , by motion, an agreement between the City of Englewood and First Transit, Inc . for the
fourth quarter 2007 operation of the Circulator Shuttle in the amount of $71 ,213 .76 . He said the Community
Development Department has brought forward a motion for an agreement on a contract to cont inue the art
shuttle services for the fourth quarter of 2007 . As you may be aware, the prior contracts with the Laidlaw
Company were pa id for through a grant from the federal government. That grant was completed in September
and the agreement that was reache d with RTD was to provide for funding for the shuttle , with Council 's
agreement , through the end of the year , and then , with an IGA w ith RTD , that was approved on November 5.
This proposed contract will just cove r the fourth qua rte r of 2007 . We will be br ing ing forward another IGA w ith
RTD and a contract w ith La idlaw for shuttle ope ra tions and services for 2008 . But what is before you ton igh t is
just a contract for the fourth quarter of 2007 .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) •
AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND FIRST TRANSIT, INC. FOR THE FOURTH
QUARTER 2007 OPERATION OF THE CIRCULATOR SHUTTLE IN THE AMOUNT OF $71,213.76.
Mayo r Woodwa rd asked if there was any discuss ion . There was none .
Vote results :
Motion carried .
Ayes : Counc il Membe rs Penn , Mccas lin , Moore , Woodward , Jeffe rso n,
Wilson , Oakley
Nays: No ne
Mr. Stitt said thank you. Mayor Woodward said thank you Harold.
12 . General Discussi o n
(a) Mayor's Choice
(i) Mayor Woodward said I would like to mention that I attended the Malley Center 301
h
anniversary today and I'd like to acknowledge all of the staff and volunteers and all that's gone on at that
Recreation Center for seniors over the past and look forward to the next 30 years .
(ii) Mayor Woodward said Englewood Shines, on Saturday night was , I believe, a complete
success . It was a little different for December 111
, having rain to start the evening and then moving on from
there, but it was much better than the snow up to our ankles of last year.
(iii) Mayor Woodward said I would like to announce tonight that GOCO today has awarded
the C ity of Englewood Parks and Recreation , $200 ,000 .00 grant for the Duncan Park Property Acqu is ition , and
Englewood City Council
December 3, 2007
Page 11
also awarded the South Platte Working Group $5,250 ,000 .00 for acquisitions and enhancements along the
South Platte Corridor in Arapahoe County from the Denver border going down to Douglas County .
(iv) Mayor Woodward said I would like to mention , it appears we have come to ... at least at
this point. .. an informal agreement with RTD on the property we own in Highlands Ranch, that would be a future
light rail stat ion . Again , this is preliminary and I think that would be a real benefit to the City, long-term, if this
goes through and is approved by RTD.
(b) Council Members' Choice
(i) Council Member Penn :
1. He said I would like to thank the young artists again . They are great and it just shows you what our
young people can do if they're given the chance to be creative .
2 . He said Jim, thank you for your presentation .
3. He said I would also like to thank all of the people in the City of Englewood who have helped me with
some of this transition . I know I have a lot to learn . I would also like to thank the citizens who have been calling
me . So , even though I have a lot to learn , there 's been a lot of great help for me . Thank you .
(ii) Council Member Mccaslin :
1. He said I also attended the 301
h anniversary of the Malley Center . Jerrell , you guys amaze me . I keep
thinking about it. .. all of these accolades .. .for Pirates Cove . Every time I go to someth ing else, you just amaze
me with what you and your staff do . And Joe Sack , whom I've known for years ... you guys have a great staff . I
can't speak highly enough about what Parks and Recreation does for the City . Thank you so much . And please
express my appreciation to your staff.
2 . He said Mr. Glasscock ... my dentist's office was right across the street from the Mason's . My dentist
died quite a few years ago, but I used to always look at that building and wonder what the Masons did . I saw
the symbols and never really got the full extent until I moved back and really realized what you do for our City .
And I appreciate it. My wife is an administrator in the school district, at Bishop , which is right now about 70%
free or reduced lunches . I really appreciate the work you guys do for the kids of Englewood . Thank you so
much . Mr . Gla sscock sa id thank you .
(iii) Council Membe r Moore said I just want to comment and thank MOA for the dedication
ceremony today for the sculpture in memory of Olga . It was very nice seeing it out there and if anyone gets a
chance to see it. .. the wind's giving it a nice workout already . So you can definitely see it in motion .
(iv) Council Member Oakley:
1. He said my congratulations also to the young artists .
2 . He said I too was moved by the dedication of the sculpture .
(v) Council Member Wilson :
1. She said it was fun handing out the artwork to the artists . They seemed so thrilled in getting it framed
and matted, and, you know , it's their masterpiece . So I think that's great.
2 . She said I went to Englewood Shines , and my granddaughter , who is 19 months, enjoyed it thoroughly ,
especially her first candy cane . So , that was a lot of fun .
Englewood City Council
December 3, 2007
Page 12
3. She said I had one question . I'm thrilled to see , through the Council newsletter, that there are some
new businesses moving to Englewood. One of them is the Smart Cars . Is that the electric car , that's moving
here? Director White said no , I don't believe that they are electric, but they are very small cars .
Council Member Wilson said okay. They have a Smart Wheel , at 1395 South Broadway in Denver, which is an
all electric cars . So I wasn't sure if this was similar. Director White said no, this is different franchise, a different
type of automobile . Council Member Wilson said is that all they will be selling are those cars or will it be other
cars, or used cars or ... ? Director White responded my knowledge is just those cars, new and used . Council
Member Wilson said and what? Director White said new and used . Council Member Wilson said of those
types? Director White said yes, smart cars . Council Member Wilson said okay, all right.
Mayor Woodward inquired if that will have a service component with it then? Director White said yes . Council
Member Wilson said okay, thank you.
4. She said I belong to the Malley Center and I think it is a great place . So thank you.
13 . City Manager's Report
City Manager Sears did not have any matters to bring before Council.
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
The meeting adjourned at 8:16 p.m .
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 1 7, 2007 9 a i Bill for an Ordinance to Extend the Limited Waiver
of the Waste Transfer Surcharge
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This action furthers intergovernmental cooperation between the cities of Englewood, Littleton and
Sheridan. The City Council passed Ordinance 30, Series of 1993 authorizing a limited waiver of
waste transfer surcharge until December 31, 1995, and Ordinance 22, Series of 1995 authorizing a
limited waiver of waste transfer surcharge until December 31 , 1998. On June 7, 1999, Council
approved Ordinance 31, Series of 1999 on final reading that further extended the waiver through
2001. Ordinance 14, Series of 2002 extended the waiver until December 31, 2004. Ordinance 29,
Series of 2005 extended the waiver until December 31, 2007.
RECOMMENDED ACTION
Staff recommends City Council adopt a Bill for an Ordinance extending the waste transfer
surcharge waiver until December 31, 2009 (two summer seasons).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood initially passed Ordinance 25, Series of 1987 on April 20, 1987 instituting
the Waste Transfer Surcharge. The Surcharge imposes a twenty-cent surcharge on each cubic yard
or portion thereof by each person disposing of trash at a waste transfer facility. The definition of
"person" in the ordinance includes political subdivisions of the State of Colorado.
The City of Englewood has received requests to continue the waiver of the surcharge for public
purposes. Englewood, Littleton, and Sheridan have requested waivers for their annual "clean-up"
programs . The waiver sunsets on December 31 , 2007 so the waiver must be extended at this time
for the 2008 and 2009 annual cleanups.
FINANCIAL IMPACT
The waiver will reduce potential revenues by an estimated $1,000 annually.
LIST OF ATTACHMENTS
Bill for an Ordinance
(.
(
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF
THE LIMITED WANER OF THE WASTE TRANSFER SURCHARGE.
WHEREAS, the City Council of the City of Englewood, Colorado passed Ordinance
No. 25 , Series 1987, instituting the Waste Transfer Surcharge which imposed a twenty cent
surcharge on each cubic yard or portion thereof by each person disposing of trash at a
waste transfer facility ; and
WHEREAS, the Englewood City Council passed Ordinance No . 30 , Series of 1993 ,
which granted a limited waiver of the Waster Transfer Surcharge until December 31 , 1995 ;
and
WHEREAS , the Englewood City Council passed Ordinance No. 22 , Series of 1995 ,
which authorized a limited waiver of the Waste Transfer Surcharge until December 31 ,
1998 ;and
WHEREAS , the Englewood City Council passed Ordinance No . 31 , Series of 1999 ,
which granted a limited waiver of the Waster Transfer Surcharge until December 31 , 2001 ;
and
WHEREAS , the Englewood City Council passed Ordinance No . 14 , Series 2002
extended the waiver until December 31 , 2004 ; and
WHEREAS , the Englewood City Council passed Ordinance No . 29 , Series 2005
extended the wai ver of the surcharge until December 3 1, 2007 ; and
WHEREAS, th e pass age o f thi s prop osed Ord inance will extend th e waiver of th e
surcharge until December 31 , 2009 ;
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 approves an
Ordinance amend ing Titl e 4 , Chapt er 7, Sub section 11, with the extension of the Limited
Waiver of the Waste Transfer Surcharge to read as follows:
4-7-11: Li mited Wai ve r of Surcha rae : The requirements of this Chapter shall not apply
during the months of May, June, July, August and September to any Municipality which
meets the following criteria :
A. Incorporated with J City Hall within the boundaries of Arapahoe County.
-1-
B. Does not provide municipal collection of household solid waste directly or
indirectly.
C. Offers to its citizens the collection of household trash on a limited basis during
the months of May, June, July, August and September.
This Section shall be effective only until December 31, ~ ~. after which time it
shall be null and void without further action of the City.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect ,
impair or invalidate the remainder of this Ordinance or it application to other persons or
circumstances.
Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
Section 5. Effect of repeal or modification . The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the purposes
of sustaining any and all proper actions , suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture , or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be rendered , entered , or
made in such act ions , suits , proceedings, or prosecutions .
Section 6 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance.
Introduced , read in full , and passed on first reading on the 17th day of December, 2007 .
-2-
(
~-----------
Published as a Bill for an Ordinance on the 21st day of December, 2007.
James K . Woodward, Mayor
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 a Bill for an Ordinance, introduced, read in full,
and passed on first reading on the 17th day of December, 2007.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 1 7, 2007 9 a ii Bill For An Ordinance Amending Title 5, Chapter 8,
Section 3 of the Englewood Municipal Code
pertaining to Reflexology Licensing
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this particular topic, but Council approved creating a Reflexology
License with the passage of Ordinance 54, Series of 2005.
RECOMMENDED ACTION
Staff recommends City Council adopt a Bill for an Ordinance amending EMC 2000 § 5-8-3 (C)(2 )(b ).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The original Ordinance was passed with language requiring a license holder to meet educational
requirements as provided in EMC 2000 § 5-8-3 (C)(2 )(a) or in the alternati v e (b) allows:
• b. In the alternati ve, the applicant must possess a current, valid c ertificate from a state
recognized refle xology certification board
The proposed change is as follows :
• b. In th e alternati ve, the applicant mu st posse ss a c urrent, va lid ce rt ificate fro m a nati o nal
reflexo logy certificat ion board
The reason for this change is no state-recognized reflexology certification board currently exists.
FINANCIAL IMPACT
This action shou ld not have a financial impact on the City of Eng lewood.
LI ST OF ATTACHMENTS
Bill for an Ordinance
ORDINAN CE NO.
SERIES OF 2007
BY AUTHORITY
ABILLFOR
COUNCIL BILL NO . 75
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE AMENDING TITLE 5 , CHAPTER 8, SECTION 3(C)(2)(b), OF THE
ENGLEWOOD MUNICIPAL 2000, PERTAINING TO REFLEXOLOGY LICENSING .
9,ii
WHEREAS, the Englewood City Council approved the creation of a Reflexology License
with the passage of Ordinance No. 54, Series of 2005 ; and
WHEREAS, the Reflexology License section on the Englewood Municipal Code was
amended with the passage of Ordinance No. 6, Series of 2006; and
WHEREAS , the EMC educational requirements currently requires a "valid certificate
from a state-recognized reflexology certification board"; and
WHEREAS , at this time Colorado has no state-recognized reflexology certification board;
and
WHEREAS , the pa ssage of thi s proposed Ordinance wi ll assure the Reflexology Licenses
are certified b y a national reflexology certification board;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section l. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 5, Chapter 8, Section 3, Subsection (C)(2)(b), of the Englewood Municipal
Code 2000, to read a s follows :
5-8-3 : Applicat ion fo r Lic ense .
A. The applicati on fo r a refl exo lo gist license shall be made in accordance wit h th e
provisions of Title 5, Chapter 1.
B. In addition the applicant shall be required to provide the following:
l . Insurance Required : License holders are required to maintain the following levels
of insurance:
a. Proof of professional liability insurance to engage in the practice of
reflexology with a minimum combined single limit of liability for bodily
injury and property damage of one million dollars ($1 ,000,000 .00) per
occurrence and in the aggregate.
-1-
)
b . Failure to maintain such insurance for the duration of the license or to show
such evidence on request shall be cause for immediate revocation of the
license .
C . Education:
1. The applicant must provide complete disclosure of his or her education and
experience as a reflexologist.
2 . To obtain a reflexologist license the applicant must have :
a. Graduated from a school accredited by the State Educational Board or
division charged with the responsibility of approving private occupational
schools, or from a school with comparable approval or accreditation from
another state with transcripts indicati ng completion of at least two hundred
(200) hours of training, including a minimum one hundred ten (110) hours of
supervised class instruction, in reflexology. For the purposes of this Chapter,
a reflexology school may include an equivalency program approved by the
State Educational Board or division charged with the responsibility of
approving private occupational schools .
b. In the alternative, the applicant must possess a current, valid certificate from
a s~te Feeegni;zee national reflexology certification board .
D . Criminal Background:
1. The applicant shall be required to submit to a police background investi gation as
part of the application process .
Section 2 . Safety Clauses . The City Council hereby finds , determines , and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood , that it is promulgated for the health, safety, and welfare of the public, and
that thi s Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
th e O rdinance bears a rati onal relat ion to the proper legislative object sought to be
obtained .
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid , such judgment shall not affect ,
impair or invalidate the remainder of this Ordinance or it application to other per ons or
circumstances .
Section 4 . Inconsistent Ord inance . All other Ordinances or portions thereof
incon istent or conflict ing with this Ordinance or any portion hereof are he reby repealed
to the extent of such inconsistency or conflict .
-2-
,,
Section 5. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the purposes
of sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture , or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions , suits, proceedings, or prosecutions .
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance.
Introduced, read in full , and passed on first reading on the 17th day of December, 2007.
Published as a Bill for an Ordinance on the 21st day of December, 2007 .
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full ,
and passed on first reading on the 17th day of December, 2007.
Loucrishia A. Ellis
-3-
(
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 70
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMENT", A
"TEMPORARY CONSTRUCTION EASEMENT" AND A "CITY DITCH ENCROACHMENT
PERMIT'' TO HCA -Health One LLC, dba SWEDISH MEDICAL CENTER FOR THE
INSTALLATION OF TWO STORM SEWERS AND ONE SANITARY SEWER SERVICE
LOCATED AT 501 EAST HAMPDEN AVENUE.
WHEREAS, the Englewood, Colorado City Council approved the Swedish Medical Center
Planned Development in 1989 with additional amendments approved in 1989, 1990, 1992 and
1993 ;and
WHEREAS, ordinances were passed in 200 I and 2007 which authorized encroachments and
crossing licenses on the City Ditch at a result of expansion and improvements at Swedish Medical
Center.
WHEREAS , in conjunction with further expansion at the Medical Center, the City received a
request from Swedish for the installation and realigning of two storm sewers and one sanitary
sewer service which cross and encroach into the City Ditch Right-of-Way in the area o f the front
entrance, located at 50 I East Hampden A venue; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of the "License
City Ditch Crossing Agreement", a "Temporary Construction Easement" and a "City Ditch
Encroachment Permit" to HCA at the November 13 , 2007, meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E NGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The "License -C ity Ditch Crossing Agreement," attached hereto as "Attachment I ," is
here by approved by the En glewood City Council.
Section 2 . The "Temporary Construction Easement", attached hereto as "Attachment 2" is
hereby approved by the Englewood City Council.
Section 3 . The "City Ditch Encroachment Permit", attached hereto as "Attachment 3" is hereby
approved by the Englewood City Council.
Section 4 . The Director of Uti lities is hereb y a uthorized to execute the "License-City D itch
Crossing Agreement" and the "Temporary Constru ction Easement" for and on behalf of the Cit y of
Englewood, Colorado .
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Section 5. The Mayor is hereby authorized to execute and the City Clerk to attest and seal the
"City Ditch Encroaclunent Permit" for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 3rd day of December, 2007.
Published as a Bill for an Ordinance on the 7th day of December, 2007.
Read by title and passed on final reading on the 17th day of December, 2007.
Published by title as Ordinance No ._, Series of 2007, on the 21st day of December, 2007.
James K. Woodward, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No . _, Series of 2007 .
Loucrishia A. Ellis
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LICENSE -CITY DITCH CROSSING AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
-------• _, by and between the CITY OF ENGLEWOOD , a municipal
corporation. of the State of Colorado, herein referred to as "C ity", and
H:A H:Elt:hn: m::::, d:::a s...a:lisl1 Ma::lical O:nl:er
herein referred to as "Licensee".
WITNESSETH: The City without any warranty of its _title or interest whatsoever, hereby
authorizes Licensee, its S\.1ccessor, assigns, to install a strnn S:W:r arrl sanitary se-a:-
9=!1:Vl.ce
over the City's rights-of~way for the City Ditch, described as a parcel of land situated in the_
SE Che Q..Brter:-, of tlE SE CIE Q.arter of Section 34
Township 4 S::uth Range 68 W:st-'--------·ofthe
6th •P.M., County of Arapahoe, State of
Colorado described as follows:
Tl b d "b d l . 4873 !:q. Fret oc 0.112 Pere l 1e a ove-escl'l e parce contams ____________ ........_, .,_,m..,o"""r""'e_,o..,_r__,.,.e""'ss,.,_.
l':· Any construction contemplated or performed under th.is License shall comply with and
conform to standards formulated by the Director of Utilities of the City and such construction
shall be performed and completed according to the plans, consisting of one sheet, a copy of
which is attached he1·eto and made a part hereof.
2 . The Licensee shall notify tl1e City's Director of Utilities at least tlU'ee (3) days prior to the
time of commenceme.nt of the const-i·4ction of, or any repairs made to, Licensee's-----stmn se.-.er-arrl S3111tary 9:!W:!I'." S:!rVlCe
________________________ so that the City may, in its
discretion, il1spect such operations.
3. Within thirty (30) days from the date of the commencement of construction of said __ _
stmn ~ arrl sanitary 9:!W:!I'." 9=l'.VicE
the Licensee shall complete such construction, place and maintain permanent, visible
marlcers, of a type and at such locationsas designated by the City's Director of Utilities,
referring to the centerline of the installation and shall clear the crossing area of all
construction debris and restore the area to its previous condition as near as may be
reasonable. In the event the planing 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 ex-pense of the Licensee.
4. The City shall have the 1ight to maintain, install, repari, 1·emove or relocate the City
Ditch 01· any other of its facilities or installations within the City's rights-of-way, at any time
and in such manner as the City deems necessary or convenient. The City rese1·ves the
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exclusive right to control all easements and installations. In the event the storm S::W:r" arrl
5311i.tary S:W=r" sarv:i.re should interfere with any future use of the City's rights-of-way by the
City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or reu10ve
its installations so as not to interfere with any such use.
5 . Any repair or rnplucement of any City installation made necessary, in the opi.pion of the
City 's Director of Utilities because of the construction of the storm sa-a:-arrl sam.tary
s=!oPJ'." service or other appm·tenant
installation thereof, shall be made at the sole expense of the Licensee.
G. The stipulation and conditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
7. The rights and privileges granted in this License shall be subject to prior agi·eements,
licenses and/or grants, recorded or unrecorded, and it,shall be the Licensee's sole
responsibility to determine the existence of said documents or conflicting uses or
installations.
8. The Licensee shall contact and fully cooperate with the City's personnel and the
construction shall be completed without interference with any lawful, usual or ordinary flow
of wate1· tluough the City Ditch. Licensee shall assume all risks incident to tl1e possible
presence of such waters, or of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes within the City's rights-of-w ay shall be backfilled and tamped to the
original ground line in layers not to excee six (G) inches loose measure to a compaction of
ninety percent (90%) Standai·d Proctor Maximum Density.
10. Licensee, by accepta.nce of this License, expr,J.essly 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 whe1·e the Licensee
performs any work in connection with tl1e crossing provided by this License. The Licensee
assumes all 1·esponsibility for maintenance of the installation.
11. Licensee shall indemnify and save harmless the City, its officers and employees,
against any and all claims, damagtes, acctions or causes of acti~n and~nses to which it
or they may be subjected by reason of said sta::m se.,a:-arrl saru.tary service
being within and across and W1der the p1·emises of the City or by 1·eason of any work done or
omission made by Licensee, its agents or employees, in connection with the construction,
replacement, maintenance or repail.· of said installation.
12. It is expressly agreed that in case of Licensee's breach of any of the within promfaes, the
City may, at its option, have specific performance thereof, or sue for damages resulting from
such breach.
13 . Upon abandonment of any right or privilege herein granted, the right of Licensee to that
extent shall terminate, but its obligation to indemnigy and save harmless the City, its
officers and en1ployees, shall not terminate in any event.
Tn gi·anting the above authol'ization, the City reserves the right to make full use of the
property involved as may be necessary or convenient in the operation of the water works
plant and system unde1· the control of the City.
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In granting the above autho1ization , th e Ci ty reserv es the right to make full use of the
propeity involved as may be ne cessary or co11ve 1ti nl in th e opera tion of the water works
plant m1d system under control of th e City.
1N' WITNESS WHEREOF thi s instnu n enl has been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
By: _______________ _
Stewart H. Fonda
Director of Utilities
City of Englewood
By: _______________ _
Chairman
Englewood Wat er Md Se wer Bonrd
The undersigned offi cer of ta tl'rre UC, d:::a s..a:l:is1 M:rli.c:al 031ter has read the
foregoing License nnd 1arcc1 for an on behalf of said
Jo. H:!l!llt:hnt UC, d:B 9d.ltl Mlldiau. Clrter that it will
accept and will abide b y all th e tcnn1 w1d conditions thereof.
LICENSEE :
Address: 5c)/ [. r:/hJn;de/J fiue_
t/1:9 /~ /J,.IQ~ CiJ f{)(/ )
Phone : :)()j -zR8: 6W
Notary:
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My commissi on ex pires:
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SWEDISH MEDICAL CENTER
SANITARY SERVICE CROSSING LICENSE AGREEMENT
EXHIBIT A
DESCRIPTION PARCEL A:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59'58"W A
DISTANCE OF 1321.18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34;
THENCE N69°58'44"E A DISTANCE OF 543.33 FEET, TO THE POINT OF BEGINNING ON THE
SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE N20°04'35"E A DISTANCE OF 20 .11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH
'GHT-OF-WAY BEING THE POINT OF TERMINUS .
DESCRIPTION PARCEL B:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 46 1
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 ,
TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF
ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE
SI XTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59 '58"W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BO X AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RAN GE BO X LS 1208 3
AT THE SOU THWE ST CORNER.
CO MM E NCIN G AT T HE SOU THWEST CORNER OF SAID SOUTHEAST ONE -QUART ER OF T H E
SOUTH EA ST ON E-QUARTER OF SECTIO N 34 ;
T H E N C E N72"39'4 5"E A DIS TANCE OF 622 .56 FEET, TO THE POINT OF BEG INNING ON TH E
NORTHERLY LIN E OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BO OK 1328 AT PAG E 46 1;
TH E NCE S 4 °19 '04"E A DI STANCE OF 7.66 FEE T ;
T HEN C E S70 "05 '30"E A DISTANCE OF 22 .5 1 FEE-:-, TO THE POINT OF TERMINUS .
ll •• .' 07
JR ENGINEERING
DESCRIPTION STATEMENT
I, JAMES D. RIHANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO , DO HEREBY
STATE ·1 '-IAT THE ABOVE PARCEL DESCRIPTION AND ATIACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS
CORRECT.
JAMES D. RIHANEK, PROFESSIONAL LAND SURVEYOR
COLORADO NO. 23053
FOR AND ON BEHALF OF JR ENGINEERING, LLC
6020 GREENWOOD PLAZA BOULEVARD
ENGLEWOOD, COLORADO 80111
10/~2/2007 JR Engineering . LLC
X·\1530000 olll1531400\Word1Legals115314DO_ lCE02 doc Poge 2 o1 3
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20' OITCH
RIGHT-OF-WAY
BOOK 1328,
--1 PAGE 461
_ I_ __________ .,__ ==--1
EXHIBIT A
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N89'59 '58 "W 1321. 18 ' (BASIS OF BEARINGS) __/\r-_l_ •t-___ ~ ___ -=: _-_-s_:_u_=-~~ ~~4~E~4~ s~c:~ ~ ~~ R.68w.-· ~-
/ S W CORNER, SET/4,SCl/4, 'SE CORNER J -
SEC. 34, T.4S., R.68 W. SEC. 3 4, T.4S., R.68W.
REBAR & CAP IN RANGC BOX AXLE IN RANGC BOX
LS 1208 3
LINE TABLE
LINE BEARING LENG1H
L1 N20"04'35"E 20.11
L2 S24i9'04"E 7.66
L3 S70'05'30"E 22.51
')0 25 0 50
SCALE : 1" = 50'
NOTC : THIS EXH IBIT DOES NOT REPRESENT A MONUMENTED SURVEY.
IT IS INTENDED ONLY TO DCPICT THE A TT ACHED PROPERTY DESCRIPTION .
SANITARY SEWER CROSSI NG LICENSE AGREEMENT
PROJECT NAM E: SWEDISH MEDIC AL CE NTER
PROJECT NO .: 15314.00
JR ENGINEERING ·-'-
DATE: 10/22/07 SHEET: 3 OF 3
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T EMPOlW<.Y CONSTRUCTION EASEMENT t
This Temporary Construction Easement (the Temporary Easement) is entered into 2
this_ day of , by and between the City of Englewood, Colorado, a
municipal corporation of t!:le state of Colorado, acting by the through its Water and Sewer
Board (Grantor) and Ia H:Blth:re u.c, d:B. s-.e::li.s1 Ma:li.cal C1:!1ter
--------------------(Grantee).
WHEREAS, The City of Englewood owns a right-o'f-way for the City Ditch, a carrier
ditch (City Ditch ROW) which is located as described on Exhibit A.
WHEREAS,' Ia H:Blth:re, llC desires to install a sta:m 9.:W:["
_arrl __ S3ni._'tary_;;._S:w:!l:" __ S:!rvi! __ ·oe ____________ wi thin the City Ditch ROW
pursuant to a license between the parties .
NOW, THEREFORE , In consideration of the mutual covenants of the parti es ,
more particularly hereinafte r set forth , the adequacy and s u ffici ency of which are hereby
acknowl edg ed, it is agre ed as follo ws:
1. Temporarv Constructi on Easement. Englewood (as Grantor) hereby grants
to Ia Hiiii.th:re llC (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 sta:rn 9:W:!t' arrl sanitary 9.:W:["
_92!'.V.l! __ • CE ____________________ pursu ant to a
li cense agreement (the Project).
2 . Tenn of Easement. The Project will begin no sooner than and
will be completed no later than . Completion of the Project
will be deemed to have occurred upon inspection and approval of the Project
by Grantor and this Temporary Easement will be deemed to have terminated
upon such completion.
3. Access . Grantee shall have the temporary non-exclusive right to enter the
City Ditch ROW for any reasonable pwpose necessary or prudent for the
construction of the Project subject to the following resoictions: 1) nonnal
working hours shall be consistent with CDOT construction hours, Monday
through Friday and 2) the operation of equipment and heavy trucks will be
permitted on the Englewood City Ditch ROW only during normal working
hours .
4. Restoration. Upon comple tion of the Project, Grantee will perform such
restoration and regrading as is necessary or prudent to restore the surface area
of the City Ditch ROW to its original condition.
5. Indemnification. Grantee, to the extent permitted by the Jaws and
constitution of the State of Colorado, hereby agrees to be liable and hold
harmless 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 aclmowledges that it understands that there is water
flow in the City Ditch from April 1 to N:ovember l 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. 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 funher agrees tbat all its employees,
contractors and sub-contractors working on the Project shaU be covered by
adequate Workers Compensation insurance.
8. Assignment. This Temporary Construction Easement is assignable only with
the written pennission of Englewood, which pennission wi1I not
unreasonably withheld, conditioned or delayed.
IN WITNESS WHEREOF, the parties hereto have executed this temporary
construction Easement on the date and day first written above .
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In granting the above authorization, the City reserves the right to make full us e of the
property 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 th.is instrument has been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
By: _______________ _
Stewart H. Fonda
Director of Utilities
City of Englewood
By: _____________ _
Chaim1an
Englewood Water and Sewer Board
The undersigned officer of JUl. Imi.t:raB II.C, d::a 9,,edi.g'} M:rli.cal Cent.er l1as read the
foregoing License and agrees for an on behalf of said
Io. H:al.th:::rE IIC, d::a ~ M:di.cal CEnter that it will
accept and will abide by all the terms and conditions thereof.
LICENSEE:
~ C( 1 r ~111 M E?ct t cu} CenJ -e )-Not ary:
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Address: 56 ( c, r/4n4/9rfi?/1 ;4oe · S -7 -0 7'.'
&i ~few. aad r!i> &2 /13
Phone: 30 3 -z&f -u?cW
CITY DITCH ENCROACHMENT PERMIT
nns CITY DITCH ENCROACHMENT PERMIT, made and entered into as of this
____ day of , 2007, by and between the CITY OF ENGLEWOOD, a
municipal cozporation of the State of Colorado, herein referred to as "City", HCA-HEALTH
ONE LLC, dba SWEDISH MEDICAL CENTER, a limited liability corporation whose address is
501 East Hampden Avenue, Englewood, Colorado 80110, herein referred to as "Permitee"
owner ofreal property located at 501 East Hampden Avenue, Englewood, Colorado 80110.
WITNESSETii: The City without any warranty of its title or interest whatsoever, hereby
authorizes Permitee to encroach upon a parcel of land in the City's right-of-way for the City
Ditch, more specifically described as A Centerline Aligment of Encroachment
more or less, more particularly described in "Exhibit A. · " attached hereto and
incorporated by reference herein.
1. The City of Englewood, Colorado hereby grants to said owner of the above described
property the right to encroach into the City Ditch Right-Of-Way to realign two storm water
service connections for the proposed Swedish Medical Center expansion.
2. The Permitee is granted a permit to encroach into the City Ditch Right-of-Way as
described herein subject to the provisions of this Encroachment Permit. In addition,
Pennitee is granted the following specj.fic rights subject to all provisions contained in this
Encroachment Permit; to wit:
a. The proposed service connection and realignments as shown on "Exhibit _A __ ,,
will not be removed by the City without prior notice to Permitee.
b. The right to maintain and repair the service connections along the centerline of this
encroachment as described in the attached "Exhibit A "
3. In granting this Encroachment Permit, the City reserves the right to make full use of the
Encroachment Property as may be necessary or convenient in the operation of the City
Ditch and the City retains all right to operate, maintain, install, repair, remove or relocate
any of the City's facilities located within the City Ditch Right-Of-Way at any time and in
such a manner as it deems necessary or convenient.
4. Subject to the provisions contained in Paragraphs 1, 2 and 3, 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 Right-Of-Way, at any time and in such manner as the City
deems necessary or convenient. The City reserves the exclusive right to control all
easements and installations.
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5. The Permitee shall have the right to maintain and improve the Encroachment Property
including, but not limited to, planting and trimming grass and/or bushes, fertilization and
inigation, and removal of trash and brush. Permitee is not permitted to construct any
permanent structures or encroach upon the Encroachment Property in a manner not
permitted under this Encroachment Permit.
6. The rights and privileges granted in this Permit shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and it shall be the Permitee's sole
responsibility to determine the existence of said agreements, licenses or grants or
conflicting uses or installations.
7. Access to the parcel by City personnel must be maintained by Permitec for inspection and
maintenance.
8. Upon abandonment of any right or privilege herein granted, including the destruction or
removal of the service connections, the right of Permitee to that extent shall terminate, but
its obligation to indemnify and save harmless the City, its officers and employees, shall not
terminate in any event.
9. The rights granted Permitee hereunder may not be assigned without the written consent of
the City.
10. The aforesaid property owner and their heirs and assigns understand and agree that:
a. This permission is revocable at will and without cause by the City of Englewood
without hearing and without notice other than Notice of Revocation.
b. The property owner shall remove said service connections from the public Rigbt-Of-
Way within thirty (30) days after receiving Notice of Revocation by personal service
or certified mail.
c. That said property owner is estopped to deny the right of the City of Englewood,
Colorado, to revoke this Encroachment Permit or to deny tl1e property rights of said
City.
d. That said property owner agrees to reimburse and indemnify the City of Englewood,
Colorado, for all necessary expenses of whatever nature that may be incurred in
revoking this Permit, removing the service connections placed in the public Right-
Of-Way, or any other expense as a result of granting the Encroachment Permit.
e. That the said property owner shell maintain insurance coverage sufficient to satisfy
any liability arising as a result of this Encroachment Permit and Indemnity
Agreement, and the City of Englewood shall be held harmless from any and all
liabilities arising from this action.
f. This Permit shall inure to the benefit of and be binding upon the heirs, executors,
administrators , assigns, and successors of the respective parties .
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g. Property owner agrees to televise and record condition of City Ditch Pipeline after
construction to insure that the integrity of the pipeline is still intact and to make
repairs if damage is apparent.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above
written.
APPROVED:
Stewart Fonda, Director
ATIEST:
Loucrishia A. Ellis, City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
)ss.
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CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
:BY~~~~~~~~~~~-
Chairman
James K. Woodward • Mayor
HCA-HEALTH ONE LLC, dba
SWEDISH MEDICAL CENTER
The foregoing instrument was acknowledged before me this~ day of Oe ../cJ6e r
2007, by 1)1.a r;; /'YJ. l</ht' le asA·est'd-enf/c<!D of
HCA-Health One ILC, dba Swedish Medical Center.
Witness my band and official seal.
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JR ENGINEERING
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SWEDISH MEDICAL CENTER
SANITARY SERVICE CROSSING LICENSE AGREEMENT
EXHIBIT A
DESCRIPTION PARCEL A:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59'58"W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34;
THENCE N69°58'44"E A DISTANCE OF 543 .33 FEET, TO THE POINT OF BEGINNING ON THE
SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE N20°04'35"E A DISTANCE OF 20 .11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH
(_GHT-OF-WAY BEING THE POINT OF TERMINUS .
DESCRIPTION PARCEL B:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59 '58"W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REB AR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE -QUARTER OF SECTION 34 ;
THENCE N72 °39'45"E A DISTANCE OF 622 .56 FEET, TO THE POINT OF BEGINNING ON THE
NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE S24 °19'04"E A DISTANCE OF 7 .66 FEET;
THEN C E S70 °05 '30"E A DISTANCE OF 22 .51 FEET, TO THE POINT OF TERMINUS .
10 ' •• IW07 JR ngtne ring , LLC
115 000011~1531400\Wo,d\l l1l1S3U00_ TCEOZ Cloe
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JR ENGINEERING
.'l '.'/!:•11 ; .. a C:,:n .r,.11 ~·
DESCRIPTION STATEMENT
I, JAMES D . RIHANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
STATE THAT THE ABOVE PARCEL DESCRIPTION AND ATIACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE , INFORMATION AND BEL!EF, IS
CORRECT.
JAMES D. RIHANEK , PROFESSIONAL LAND SURVEYOR
COLORADO NO. 23053
FOR AND ON BEHALF OF JR ENGINEERING , LLC
6020 GREENWOOD PLAZA BOULEVARD
ENGLEWOOD, COLORADO 80111
1oa.r.001 JR EnglnMring. LLC
X 11530000 MIHl31•00IWOld\l.eJ111al1&31400_ TCC02 doe
Pege 2 ol 3
D
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EXHIBIT A
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N89"59'.58"W 1321 .18' (BASIS OF BEARINGS) _/\,,-__L .t ---------_S_O_U_TH_UNE, S£1/4,SE1/4, SECTION 34, T.~ R.68W.-j tr-
/ SW CORNER, SET/4,SET/4, '5£ CORNER /
SEC. 34, T. 45., R. 68W. SEC. 34, T. 45., R. 68W.
REBAR &-CAP IN RANGt BOX AXLE IN RANG£ BOX
LS 12083
LINE TABLE
LINE BEARING LENGTH
L1 N20'04'35"E 20.11
L2 S24'19'04"E 7.66
L3 S70'05'30"E 22.51 -:o 25 0 50
SC AL E: 1" = 50'
NOTC : THIS EX HIBIT DOE S NOT REPRESENT A MONUMENTED SURVEY .
IT IS IN TCNDEO ON LY TO DEPIC T THE A TT ACHED PROPERTY DESCRIPTION .
SANITARY SEWER CROSSI NG LICENSE AGREEM ENT
PROJECT NA ME: SWEDISH MEDICAL CENTE R
PROJECT NO .: 15314.00
DATE : 10/22/07 SHEET: 3 Of 3
~ J-R ENGINEERING
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8l20 Ci.....a:I Alu 8"1 • E"/'GlloOXI co ..
!m-740-Gl•F• m-~llll•
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 73
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"CONFIDENTIALITY AGREEMENT'' BETWEEN THE COUNTY OF PARK, COLORADO;
THE UPPER SOUTH PLATTE WATER CONSERVANCY DISTRICT ; THE CENTER OF
COLORADO WATER CONSERVANCY DISTRICT; TIIE CITY OF THORNTON,
COLORADO ; PUBLIC SERVICE COMPANY OF COLORADO ; THE CENTENNIAL
WATER AND SANITATION DISTRICT; AND THE CITY OF ENGLEWOOD, COLORADO,
PERTAINING TO A JOINT EFFORT TO COLLECT ON JUDGMENTS AWARDED
AGAINST THE PARK COUNTY SPORTSMEN 'S RANCH IN THE DISTRICT COURT FOR
WATER DIVISION 1, COLORADO.
WHEREAS , the passage ofthis proposed Ordinance authorizes Englewood 's water rights
attorney to work with the County of Park, Upper South Platte Water Conservancy District, the
Center of Colorado Water Conservancy District , the City of Thornton, the Publ ic Service
Company of Colorado, and the Centennial Water and Sanitation District in a joint effort to
collect on judgments awarded against Park County Sportsmen 's Ranch; and
WHEREAS , the parties of this Agreement were objectors to an aggressi ve water ri ghts
application filed b y the City o f Aurora and Park County Sportsmen 's Ranch, LLP ("PCSR") in
Case No. 96CW014, in the District Court for Water Division 1; and
WHEREAS , the initial trial took place in 2000 with judgment and cost s for litigation aw arded
to the objectors in 2003 against Park County Sportsmen 's Ranch LLP, with the City of
Englewood being awarded $100 ,000 ; and
WHEREAS , no payment have been recei ved , just a recorded interest in the ranch ; and
WHEREA S, the passage o f thi s proposed Ordinance and thi s Agreement allows the objectors
to share and exchange information, share co sts and strategi es and keep information confide nt ial
to det emline whether to purs u e the j udgment furt her to coll ect th ese j ud gment s;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Intergovernmental Agreement for "Confidentiality Agreement" is hereby
accepted and ap p roved by the Englewood City Council and is attached hereto as "Exhibit A ".
9 b ii
Section 2 . The Mayor is authorized to sign said Agreement for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of December, 2007.
Published as a Bill for an Ordinance on the 7fh day of December, 2007 .
Read by title and passed on final reading on the 17th day of December, 2007.
Published by title as Ordinance No._, Series of 2007, on the 21st day of December, 2007.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2007.
Loucrishia A. Ellis
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HOV-26-07 MON 08: 50 Al1 NC~JCD-HQ FAX NO. 970 532 0942
J ,
Thift Joint Defense A tmeot ("A11recment'') sets fortb the und~rmndi111:, uf the
City nf Eni;lewood ("Engle: ood ''), the City uf Auror.i ("Aurora''). !he Nor1hern Colorado
Wut.er Cnnscrvnnc)' Di let r·Nor1hern''), ;1nd Public Scrvleo Company or Colorado
("P~Cn'') (collcctlvi:l the "l>anles'' J, Ulld their mpectivc cou111el in connection IVlth
\\'Qler Coun Ca5c, Nos . 02CW40~. 02CW·I04, 02CW396. and 03CW442, :is wc:11 as lll~
prc\'lously nunibc:ri:d silSJ.l.u:ompo~in! nl r pm of thNe numbered C'am (''Wa1u'r
Maucrs'').
Thit Agn:emem recogniics thi\t Eni::fcwood and PSCo llt1I polcntiall)' adv r~e to
one AtlOther with re~p~i:t to lili!J;\lion concerning $UborcU11,:11lon llP'CtJntnts IUld t "I 999
Ai;rcernc:111" in Clise No . 02CW.«l3, iUld thl~ ,\grrcmtnt doe~ not apply 10 t lltig11Llon
of :my . ucb issues .
/ rm: PARTJ~· COMMON 1N1'f;RES'[ lN THE PENRJli(QVATER CA~t";S
The PW'tlcs 111ay make avail:1ble II) ~a.i:h other privilcg.:tl infurn:iarlon. boch
\'Crbull)' and in writln,g. inchtcli11g ncitc,, documents, memoran~. 3nd research
("Common lntcr~st Mat~riuls"), relating to the rc,pecrive. representations of P&mcs in
cot111ection \\ llh the Water Matters . The Common lntere~t M11111rial~ may reill.ltt a11d
lnc:ol'j.'Orat~ r.onlidenthil conununlentilln:I mnde by I.he P.inie~ 10 their coun sel. nnd by
their counslll to I.hem. and are protected by the :ct1ornty/clien1 privilege frutn disclosure .
11nd the re fore arc intended to be in,ui:i.tc.d from el(po~ure beyond the .::onfine& o!' the
PnrtiC'~ (Lhe "C ommon !merest Privilczoa"). S~t, ~-.C:·· Matter of Grund Jury Suhp11t!nt1
D11,•,•1 7',m,m. dated Nco11m1blir 16, /97', 406 r',Supp. ~81 (S.O.N.Y, 1975), In addition.
lhll Common Interest M:i.teri11ls ;ire prolC'Ctcd from di~clo~un!. ;)~ a re~11Jt or t.be IIILornc:y
work·producr doctrioc or 01her 11pplicablc ptivitC"l!L:~. Ste, .-.g .. Tr1111111irra Pr odum
Cf1rp , 11 •• '-fo11.tan1,1 Clitmlfal C<1171 •• 26 F.R.D. 572 (S.D .N.Y. 19(,0),
TI1c P.uii~ ;11'6 makin~ the Common (meresl Materials av:tiluble 10 r;~ch other
' oocau~ lhe Panic, inrcnd lo coop1:rim: \o reduce expenses, improve cfOcic:ncic,, lncrc:u.~
communic,uions, 11nd r,.du<'e the likclihlX"d of pmcatlal li~bilitics of lhc Parties and any
c•ther p111ty who may, In the future . b~.come :nvolved in the Wal¢r M;mers . Bc:c;iu,~ of
the prlvllti:ed nature of the Common lntere$: Mistrn:r.1,, lhose maierWs will be shared
:iiruittt lhc: Purtlcs wli.l\ the expr ·, undcrs onJini thal Lhc: Pill1ics shall no1 comm11nicatc
the C\lnLcnls 1hcreof Lo other~. bec:iuso tile t.llchanc ~Qunmori lnlerest Ma1cri:1ls iii not
mudc for lhc pucpos.l of :illowing unl imited puhlic:11ion or ~~c . but m cannd~, for U1a
limltl!d and rc&Lrfotccl purpusc of :i.1si~11ng lhe P;1rlic~ in advllJlcins the W:iter Mattcr!to u
~ucces,;fu l con.:lusl<'ll,
The P1u1 les under1wnd th~r lhe purp,1Mi nf 1hi$ Agreement Is \I) f11cilit111c common
itm:r~~t rt?pl'c~e11t.1dQn b;v in~rcasing the 1nrorn1uliu11 llow hetween 1he Ponie~. The
Putic« rec<1!)nlze, bnwc\'cr, that under some circum~t.tn~~. inf,·,r111:1t il.ln known U) one
Party ll\t1~ not be ~h~rctl with 1he other P:mle~ to 1h~ .4.grtc.:mcnt .
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N1;1thlng in this Agrccmcnr i~ irnendl!d 11s, ~h111l con~titu1c, 11r 8hall he inttirpr~icd,
conslr\led or used as ll\'idence of o1n :idn1b~lc111 by ~ Pany of any wronidolni, liability or
fuult (including compar111ivc oc prnpor1ionalc rault), a wnJver of 11ny privlle&e, claim,
right or ddense. c~toppel, or an 11tlmis~Jon a~ 10 nny rn:m.ir ,,r l11w or facL tither 11.M
botwccn the Partl..:s or with r~pcct to WlY person o, entity nQt a pany to this t4.s:rccmcnt
provided. htiwever. th:it rmy Parry ~hall be entitled 10 ur.e rhis Agr~ment 10 enforce Its
termR.
ff :my ptr&on ur entity not a pa.rt lo this Agrt.emcnt rcquc,ls or demMds, hy
subpocnu or otherwise, :iny Con1111on Interest Mllcrills rrom :1ny Party or from any
P:u1y'~ 3G~1;11, cmployc~. cu11$uh~11t. 1Jr rcpre~1?nta1ive, ,uch P~y ~hall: ( 1) immedl~lcly
1w~i!y 1lus other P:vtics, :uid (2) a~s..:rt the Common Interest Privilege Wilh icspccr tn the
requc~t~d Comrnon 11111:re~l Ma1~i:il~. E.lch P~y and each Party'ij respcctlY.: counsel
.1hall take all Steps t1cc:cgi;ary 10 I\SGc:11 iill 11pplicHble rightS aod pri\'ilet;es with respect tu
such Common lnteren Materials and shall cooperate fully with !he olher Panh:s in any
J111licinl proc~dh1p related 10 the dlsc!oHure or Lhc Commo11 lnu:rc,1 Material,.
The intent of tl,i~ Agreement i~ lr1 r~~crve 1111y privile;c: 1ppli~:1blcs lo the
Common Interest Mmcriah white put'lluir,g the P3ttld curnmoa ln terc61 ;ind le> keep all
Cwnmun l.111:.:re~t Mn.t!!ri~I~ cQl\fidenti:il 10 the tuaxinium extent alJQwcd by law, A
rnrty', cJisdo~urc: or Comn1on lnterc~1 M:ucrinls ~1tch:111rerl pursu;lllt lo thls Agreement
~h :tll m,t be dt?un,cd a walvtr by the other Pi&!1lc~ or tllelr righl to assen a claim cif th~
Comn,on Inter.:~t Privilclle and unnm.:yldlent or wurk-producr privilege with respect to
lll1)' c~1mmo11 lntern1L Ma1erials.
This Agreement Jhull be binding upon c:ic:h Pm'ly even :1 f1cr the W:u er M:i.1t ··: are
di:cit.!cd or resolved, whether by r.crcl~mPllt, judgment . di smi~~a.l . or mh rwl >! as . tt at
rt·~pccli\'c Party .
ThlR A&ret:menL , lls 1cnn1 1 the fact Mils 1>xecullnn and ull discu~slons among the
i>anle~. lhcir uuomeys. officer~. Jirec1on .• 1gcnts, consultDnU, ri:pn:~ntalivcs, :ind
em ployees with rt,arJ lo the Agrccn1i:nL :ire. 1hcmscl\·cs suhj~cl to the attorney/client
ant.I work-product priYilcgc~. and e;ich Party •IP'=• 1Mt the Common lnu:reG! Privlle"e
um.I any privilege shill! be as5ertcd in rciponsc tCI any subpoena ot ~utst for the
produ~tion of the As~erncnt or in response to nny inquiry us Lo its tcmu. 1hc fact of it~
1:xc.:ution . or di~cu,~ion~ rel~ting to ii.
Thi~ A~1:1nrm 'confirms II Vllrbal ugr<ement pre vio u,ly re11chcd betw~cn the
l';irtics. All pm·io11s privileged co1nm1111lca1k1ns, 11n<l 1111 Colllltlon Interest Materla.ls
previously cxr.hunE:cd , \icLwccn the f':inle1 .ind \heir r~\pcctlve 1tllonwys, offlc.:rs,
Jin:1 :\ors, :1,gent~, emplnr~c~. con,11h:111ts, nnd r~prc~~ntau1·e~. are i;ul>Jec1 to lhls
Al!rc:Cmc:nt.
Ncirh.:r th¢ cx~cutlou nor the pcrforru:ince 1)f this Asr~m~nt $hall re,ult in the
lnublllty of :lh)' pal'\y to ll1i1 r\1,r~emtnt 10 u~r; :111 y dal~ contributed b)' it to the .:ffort, nny
l':1w da1~ llUncratet.l under this A~~e 1nent. 1·,r any expert opinion whkh h;u been duclo~cd
lo Cllher parlks in thi ~ or other ltti:::,1k1n . in c,ih~r unr,oing 11r )Ubs i,ciue111 li li t:atio a .
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NOV-26-07 MON 08 :51 AM NCWOD-HQ FAX NO. 970 532 0942
,\ny Pnrcy may wlthdruw fro rhls :\~ement lly giving 11.·tiuen nCJLice lo ~~ery
other Party or Ha ele.:tion 10 with
Any Purty that wi1hdr11w~ from thi~ A~mcm, rosether whh sucl1 Party·,
respcctl\·c counsel, remnln~ l:ubject cu 1111 conOJcnllnlity provisioc~ herein as 1hcy pennin
to infcirr11:11ion lheretofnre ccc\ved, but not ll~ to ~uh~11611l lnfom1a1ion.
tn the even, a Party rt'~~lcmcnt with Applicants u1 the Water MMters (the
"Scttliog Puny "), the remnlninz P11nic:s 10 th!, Agrc:emc:11t t'QBY e,nrloy or coucinlll) to
.:mploy our Setlling PM)"~ e.n;lni:erilig exp.:ru um.I utili ~i: their ptcviously developed
unalyses and repon.~ \Vhkh were dewlop,!d in <:!>11junctlon wl!h the Wtitet Mt11ters 11.n<l
exchanged purs11ont !l1 this i\grcemi:nl
MISCELLANEOUS
F.1,ch Party undena111ds and acknowledgBA tlu1t fit i rcpresenled only by its
anorne>·~ In this mancr. th:u while an ~llumey reprt~e.nting y otber Pnrt)' h.u II doty lo
()1'1!:.ervc the con!idcncc~ disclo~cd 10 him ur her pur: ant 10 rllis Agreement, the
uuorncys ropresentln~ any other PIU'ty 11.•ill be 11c1ing onl :,'/3.~ 1111omeys for that othtt Party
nnd will owe n dury of loy11Ily 10 their mpectivc dic W6 nly . E:ich Party wlU pa.y lot the
/;c.rvlccs of 11, rc~pcctivo 11uomeys, but noth!n~ herein ~hall vnid any ~uhJequent
:11:rcu.:mi:nt b~1w11en the l'urtles, if any , to ind~mnf y a.n)' other Party for 11tlonu-;ys · fees
(lfld costs or shW'e in such rec~ 11nd cn~t~. /
t'
E:u:h Party undcr~111nd& 1h111 llw P.ftic~ may now or In lhe rururc huvc some
~dvtrGd in1erc~1s .ind I.hat the ~hari111 of1 S<nnc confldcnces pu1sull!1l 10 this A,;reemcnl
may lead Ill potc.ruial conflicts <if intcr.!sl of lhe v:icluus 11ttomeys In the future. Toe
Parties do nnt Intend thilt the c11.ch1n:,:e or Common lnleri:st Materials to the futur~
dii:qu~llfic:~11011 of th~ir rcspc,ctlvo altomcys and agri:e tbM they will nor rnovc Cor
1!isqualiticatlon of at1omcys in the W111cr f.fattcr~ or any other c:a.~e, on eccount of the
e:,,i:hwiJ?t: of Common Interest M111criul~ purs1111nt tr, thl5 Agreement and wuil ·c any
connkts 1uising from the ~harlns or such s·o11liJcnccs .
C:olura1lo law thall rnm.rol ih!! lnicrprcu.don and ~nfort'cment of th is Ai,cem~nt .
l"h i11 Agreement muy be l!flfo~cd In the l>istricL Coun r1,r Walllr Division On~ in Weld
C:ounty , Colorado by a 1empurair rei tril ininy order ;)J)d Injunction In the event or a bre ach
11r w1 1i clp a(ory brco ch . The pmia ac~pt juri ;u\c1 in11 and venue in th at co urt. Any
muJ1!ication io thh A:;rccmcn, ~h.111 1w in writin, iUl d ~li;n ctl by 11 1! P11nie~.
This Ai,rrccmenl shall be biudin~ upt1n the ~uci:crnm :md ~uign.~ of the P:1nlcs
aml th~ir re~pi:ctl\'t! counsd.
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Nmhing !11 Ulls Agl'eement shall be! duemcd to c:rcli1e a partnership, joint venture,
rn1d/or principal and agent ralationship between the Pasties and/or lhclr re~pectlve
COU!l~Cl.
'I'hc he~dings cl,nl.llned in 1!11s Ai;recmcnt ;ire for convenience of ~fcr~ncc only
and :U'e nol intended 10 limit the scope or a.ffa:1 !he inu1rpri:u1tion of Olis Agreement.
If sny provision uf this Agrc:ment is deemed invalid or unen!orccahle, the
balan(·c of th~ .,grccmc:nl shall remain in full force and effc::t.
'11'1~ ,\grei:inont c,ut&lltu te, 1he entire cwtent undemanding of the Pat1le~ Wld
thtir r~pective co1insel with resl)llct to Its ,ubJccl mutter ond iuperscdes any prcviou~
c,rnl or wriuen er,rrecmontR rehltlni 10 the ~11hjecr matttr of this A£!rc:ement.
The Parties acl:nowledte lh111: this Agreement ls the r'<!Slllt or jol11t n<!sotl~tlons
mnon11 tbe Pwti~s. 11nd itgrcc lhilt this Agreement ~ball not be cOm,tnJcd or iotcrprcled
:1s:i.inst any P3t1y on the grounds or sole or primary authorship .
euch pt.r~on sii:ning thi s Agreement re-present~ 1111d w11m1nts that he or sbc hu.,
bee,, duly :iuthorir.ed to enter Into thls Ab'reement by tht entity Clfl whose bllhalC it I~
imlic111cd thut the penon is si ~nin~.
lhls Agroement may bt: exec:uicd tn coumtfTl:.itlS each of which ~hall he dl!emed
un Dri~iMI .
o,u~tl: ------
TIIE CITY Of ENGLEWOOD
By :.
James K. Woodward
Mayor
P. 05
·NOV-26-07 MON oa :52 AH NCWCD-HQ
Dnted : ------·
l):11ed ;
FAX NO. 970 532 0942
D1vidCl Hill
Berg Hill Orecnlcaf &.
1712 Pe::irl St.r~I
Boulcli:r, CO 8030
(303) 402· HiOO
· / S!t\'cn 0. Sims
/ BroWMICin Hyatt & F~r. P.C.
4 JO Sevenleeotb Street, 22nd Pl1'or
Oe11.,er. CO 80202
003) 223· 1 H>O
P, 06
i\ttomey for the City of ~
D"'" J.!::}.i.:: . ..rL'L~~----=-=..----::--~--~-==----, -··-
DouQ. Sinor ~
1120 Linc ·n Street, Suite 1600 )
Denver, $0203-214 l
(JC)3) t:61-1963 /
Am,rnc>·s fN the Northern C\lt<,ri\d4, W~1cr
Cllnmv1111cy l'JiMrlc1 /
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D~tt:d: _ _It:' -( •• •7
FAX NO. 970 532 0942
David C. Ha.llford
B!lcomb & Green, P .C.
818 Colorado A vi,,
P.O. Dr~wer 790
Glenwood Sprincs, CO 81602
l~70) 94$,6546
Aliumey for PubUc Servicr: Co01p1111y
P. 07
;
CONFIDENTIALITY AGREEMENT
This CONFIDENTIALITY AGREEMENT ("Agreement"} is entered i nto this
------day of December, 2007, by and among the County of Park, State of
Colorado, whose address is P.O. Box 1373, Fairplay, Colorado 80440-1373 ("PC");
the Upper South Platte Water Conservancy District, a quasi-municipal corporation
organized under Title 32, whose address Is P.O. Box 612, Fairplay, Colorado
80440-0612 ("USPWCD"}; the Center of Colorado Water Conservancy District, a
quasi-municipal corporation organized under Title 32, whose address is P.O. Box
1747, Fairplay, CO 80440-1747 ("CCWCD"); the City of Thornton, a Colorado
municipal corporation, whose address is 9500 Civic Center Drive, Thornton, CO
80229 ("Thornton"}; the City of Englewood, a Colorado municipal corporation,
whose address is 1000 Englewood Parkway, Englewood, Colorado 80110-2304
("Englewood"); the Centennial Water and Sanitation District, a quasi-municipal
corporation organized under Title 32, whose address is 62 West Plaza Drive,
Highlands Ranch, Colorado 80129 ("Centennial"); (collectively the "Parties").
Recitals
WHEREAS, the Parties were objectors to the application for wa t er rights
filed by the City of Aurora and Park County Sportsmen's Ranch, LLP ("PCSR ") in
Case No . 96CW014, in the District Court for Water Division 1 ("the Application "),
and were similarly aligned in opposing the Application ;
WHEREAS, the entities below were each awarded their costs against Park County
Sportsmen 's Ranch LLP in the following amounts:
PC/USPWC $473 ,916.31
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Center of Colorado Water Conservancy District $206,687.69
("CCW CD
Thornton $235,775.87
Centennial $186,547.42
c.~R~~f-
ft-ff1r eh~
~~(\
Englewoo d $98,908.84
PC WPC
James T. Benes, James T. Benes Jr. and
Cassandra L. Benes Trust an d Tarryall Land &
Cattle Company ("Benes
$14 ,107.07
$4,692.91
ORA. li.7/
WHEREAS , the judgment awarded to PCWPC has been assigned to CCWCD and the
jud g ment awarded to Benes has been assigned to Centennial;
WHEREAS , the purpose of this agreement is to allow for potential future joint efforts
to collect the above referenced judgments;
WHEREAS, the Parties have concluded that for the purpose of collecting the
judgments, they have substantially identical legal interests and that, due to such identical
interest, the parties and legal counsel must engage in free and open communication in
sharing of information so that legal counsel can provide efficient and appropriate legal
advice concerning this matter;
WHEREAS, the Parties have concluded that it is in their common interest to share
information regarding the collection of the judgments, including written and verbal
communications which would normally be subject to the attorney/client privilege and/or
the attorney work product doctrine if solely shared between counsel and their own clients;
WHEREAS, the Parties enter into this agreement to confirm their common interest
in this matter and to preserve all privileges and immunities which attach to any materials
and communicati ons that may have been or may be in the future shared among the
Par t ies and their legal counsel in pursuit of the collection;
WHEREAS, all of the Parties filed transcripts of their judgments in the real estate
records of Park County;
NOW THEREFORE, in consideration of the foregoing recitals , the Parties and their
counsel agree as follows:
Parties
Th e Parties t o t his Ag reem ent i ntend it t o incl ud e the law firms and
attorneys who have signed their names below (the "Signatories"), as well as those
employees, officers, directors, non-testifying consultants and other Individuals
associated with each party who have actual knowledge of shared privileged
information.
Terms and Consideration
1. All communications among the Signatories and the Parties which are
made in connection with the Action are confidential and privileged. Such
communications (hereafter referred to as "Shared Privileged Information")
include, but are not limited to: (a) discussions among the Parties at meetings to
investigate or pursue cost recovery litigation; (b) consultations with experts, or
reports or analyses prepared by such experts, prior to a Joint decision that any
such expert will be called as a witness or that such report or analysis will be used
at trial; (c) any communication to or from the Signatories, or the Parties, whether
written or oral, which relates in any way to the mental impressions, conclusions,
opinions, or legal theories of any Signatory or other representative of a party
, concerning cost recovery litigation.
2. Unless all the Signatories consent, shared privileged information
may be transmitted only to the Signatories, the Parties, separate counsel
representing the Parties, and, to the extent necessary, expert consultants
retained by the parties. No party shall knowingly make use of Shared Privileged
Information to the disadvantage of any of the other parties to this Agreement.
3. It is understood that the types of materials which might not be
protected by the joint litigation privilege pursuant to this Agreement include: (a)
interviews with non-party witnesses; or (b) any information available in the public
domain, whether or not such information was obtained from such public sources.
4. The Signatories will take responsibility for ensuring that their clients,
any experts consulted, and any witnesses interviewed will be informed, to the
extent applicable, of the confidentiality restrictions imposed by this Agreement.
5. Any party who withdraws from this Agreement, or fails to comply
with its terms, shall promptly destroy or return to any other party to the
Agreement any Shared Privileged Information in his, her , or its possession. The
withdrawing party shall remain obligated to preserve the confidentiality of all
Shared Privileged Information received by or disclosed to it pursuant to the terms
of this Agreement.
6 . Damages for breach of contract , specific performance , and
i njunction , are remedies available for enforcement of the confidentiality terms of
th is Ag r eement .
7. This Agreement may b e executed in c o u nterparts, and a signature
transmitted by facsimile shall have the same force and effect as the original
signature .
Dated this _____ day of-----------------• 2007.
Signatories:
PARK COUNTY
By __________________________ __
CE NTE R OF COL ORADO WA TER
CO NSE RVAN CY DIST RI CT
By ~---------------------------
Its --------------
UPPER SOUTH PLATTE WATER
CONSERVANCY DISTRICT
By ____________ ~
Its _____________ _
BERNARD LYONS GADDIS & KAHN, P.C.,
Counsel for Park County and Upper
South Platte Water Conservancy District
CITY OF THORNTON
By Jack Ethredge
Its City Manager
Approved as to form and as Counsel for
Thornton
Margaret Emerich, City Attorney
Dennis A . Hanson, Assistant City
Attorney
Its-------------
CENTER OF COLORADO WATER
CONSERVANCY DISTRICT as assignee of
PARK COUNTY WATER PRESERVATION
COALITION
By ____________ _
its ____________ _
FELT MONSON & CULICHIA, LLC,
Counsel for Center of Colorado Water
Conservancy District and Center of
Colorado Water Conservancy District as
assignee of Park County Water
Preservation Coalition
CITY OF ENGLEWOOD
By Stewart H. Fonda
Its Director of Utilities
BERG HILL GREENLEAF & RUSCITTI LLP,
Special Water Counsel for City of
Englewood
By Geoffrey M. WIiiiamson
CENTENNIAL WATER AND SANITATION
DISTRICT
By _____________ _
Its--------------
HAHN, SMITH, WALSH & MANCUSO,
P.C., Counsel for Centennial Water and
Sanitation District
Steven J. Hahn
Gilbert Y. Marchand, Jr., Counsel for
Centennial Water and Sanitation District,
f :\cllents\p\parkc\src\20070928-Jolnt collect ion and confidentiality acreement.doc
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER OAKLEY
AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE
AGREEMENT BETWEEN TIIE CITY OF ENGLEWOOD AND DADIOTIS GOLF
ENTERPRISES, LLC , FORMERLY CADDIE SHACK, LLC.
WHEREAS, the purpose ofthis Agreement is to provide snack bar, grill and bar services to
the golfing public and a quality, full-service restaurant facility offering breakfast, lunch and
dinner for group meetings, service clubs and informal evening dining;
WHEREAS, the Englewood City Council selected Caddie Shack as the Concessionaire to
operate the Englewood Golf Course Clubhouse restaurant by the passage of Ordinance No. 53 ,
Series of 2004; and
WHEREAS, the City of Englewood, was approached by Miller Weingarten Realty on behalf of
the Sheridan Redevelopment Agency in 2004 regarding the proposed redevelopment plan for the area
west of South Santa Fe Drive, between Hampden and Oxford A venues and the Englewood City
Council approved a property lease a greement with the Sheridan Redevelopment Agency and Miller
Weingarten; and
WHEREAS, due to the renovation of the golf course and the significant reduction in golf play in
2006, the Englewood City Council approved a revised contract for the current restaurant
concessionaire which allowed the restaurant to continue operations during the golf course
construction period by the passage of Ordinance No. 48 , Series of 2006 ; and
WHEREAS, Caddie Shack LLC, the current concessionaire, is changing the name of the business
to Dadiotis Golf Enterprises, LLC; and
WHEREAS, the pas sage of this proposed Ordinance will approve a new Golf C ourse Restaurant
Concessionaire Agreement between the C ity and Dadiotis Golf E nterprises, LLC; and
WHEREAS , the Agreement is for a one year period with two one year renewals at the option of
the Concessionaire and two additional o ptional one year periods by agreement of both parties;
NOW, THEREFO RE, B E IT ORDAINED B Y THE CITY COUNCIL OF THE CITY OF
ENGLEW OOD, C OLORADO, AS FOLLOWS :
Section 1. T he City Counc il of the City of E ng lewood, Colorado, hereby authorizes and approves
the Golf Course Restaurant Concessionaire Agreement, attach ed hereto as Attachment l.
11 bi
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Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said Golf
Course Restaurant Concessionaire Agreement on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 3rd day of December, 2007.
Published as a Bill for an Ordinance on the 7th day of December, 2007 .
Read by title and passed on final reading on the 17th day of December, 2007.
Published by title as Ordinance No. _, Series of 2007, on the 21st day of December, 2007.
James K. Woodward, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2007 .
Loucrishia A. Ellis
AGREEMENT
THIS AGREEMENT, hereinafter called "Lease", made and entered into this of
---------' 2007, by and between the CITY OF ENGLEWOOD, a Colorado
municipal corporation, hereinafter referred to as "City", and DADIOTIS GOLF ENTERPRISES,
LLC., hereinafter referred to as "Concessionaire";
WITNESSETH:
WHEREAS, the City owns certain real property which is now operated as a municipal golf
course, hereinafter called "Golf Course", and located in the City of Sheridan; and
WHEREAS, City and Concessionaire desire to enter into a lease for the management of the
restaurant and lounge located at 2101 West Oxford Avenue, Sheridan, Colorado 80110;
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter appearing
' and of the payment of the monies hereinafter set forth, the parties hereto agree as follows:
Section 1. STATEMENT OF INTENT.
The purpose of this Lease to provide snack bar, grill and bar services to the golfing public
and a quality, full-serv ice restaurant facility offering breakfast, lunch and dirmer for group
meetings, service clubs and informal evening dining.
Section 2. GRANT.
The City hereby leases to Concessionaire the portion of its golf clubhouse presently used as
its restaurant concession, together with the improvements thereon, located at 2101 West
Oxford A venue, Sheridan, Colorado 80110, for the purposes of serv ing food and b everages,
including alcoholic beverages.
Section 3. DEFINITION OF PREMISES .
The "Leased Premises" as refened to herein is defined to be the golf clubhouse restaurant
and lounge which is owned by the City of Englewood, Colorado. [See Exhibit "A"]
Pro posed food and beverage operations shall also be allowed on the golf course . Nothing
herein gives Concessionaire any right to interfere with or participate in the operation of Lhe
Golf Course as a golf course, i.e. faitways and greens, Pro Shop, and all other golf course
operations.
Section 4. TERM OF AGREEMENT.
This Lease shall not be effective until Concessionaire has obtained a liquor license to
di sp ense a lcoholic beverages pursuant to C .R.S . 12-47-101 et. seq. From the date of signature
until th e liquor license is authorized by the proper officials, this Lease shall be considered an
pt ion to Lease that may not be temlinated by either party, except that if the Liquor License is
n ot gra nt ed a nd in operation on or before January 1, 2008. The City hereby grants to
Con essio nair the ri ght to hold the Leased Premises pursuant to the tenns of tllis Lease for a one
J) ye r le e wi th t wo (2 ) one ( 1) yea r ren ewa ls al the o ption of the Concessionaire and with two
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(2) additional optional one (1) year periods by agreement of both parties. The City reserves the
right to accept, modify, or reject said written proposal. If the Concessionaire intends to renew the
contract they must inform the Director of Parks and Recreation ninety (90) days p1ior to
temlination of the lease. The City shall infonn Concessionaire of its decision through the
Director of Parks and Recreation.
Section 5 . USE OF THE PREMISES.
Concessionaire shall have the right to possession of the Leased Prenlises for the purpose of
serving food and/or beverages, including alcoholic beverages, for consumption on the golf
course. However, nothing in this Lease shall be construed to authorize that which is
prohibited under United States, State or local law, ordinance, code or regulation. The
Leased Premises shall be used by the Concessionaire for the purveying of alcoholic
beverages, as the same may be authorized by and regulated under the Colorado Liquor
Code, C.R.S. 12-47-101, et seq., and for the operation of a restaurant. Concessionaire shall
operate the Leased Premises in a careful, safe, quiet, orderly, and businesslike manner.
C oncessionaire shall not use or permit the premises to be used for any purpose that is
prohibited under the laws of the United States, statutes of the State of Colorado, or
ordinances, regulations or codes of the City of Englewood or the City of Sheridan.
Concessionaire shall provide food and/or beverages including alcoholic beverages on the
golf course through the use of concession sheds, beverage cart(s) or a combination thereof.
Operation time and use of the concession sheds and beverage cart(s) shall be provided by
the Concessionaire and shall be approved by the City Manager or designee in the same
manner as Section 8. Use of beverage cart(s) shall follow the same rules and regulations as
golf course rental carts. Concession shed design shall be approved by the City Manager or
his designee. Use of beverage carts shall not interfere with the operation of the golf course.
Service to the golfers on the course shall be reviewed by the City Manager or his designee
every six (6) months.
Entertaim11ent of any nature that Concessionaire proposes on the premises shall be subject
to prior approval by the Englewood City Manager or his designee, which approval shall not
be unreasonably withheld. If the City determines any entertainment to be objectionable,
City shall notify Concessionaire in writing thereof and Concessionaire shall tenninate said
ente1taimnent inunediately.
Section 6. EXCLUSIVE IUGHT TO USE PREMISES .
City hereby grants to Concessionaire the exclusive right to use the Leased Premises to
operate a restaurant and to purvey alcoholic beverages. Use of vending machines by the
Concessionaire must be approved by the City Manager or designee. The City may use
outside food vendors for certain special events such as Jwlior Golf, Golf 4 Fw1, etc. Tllis
will be done on a limited basis as requested by the Parks & Recreation Director or his
appointee.
Section 7. MENU.
The Concessionaire shall provide an attractive menu for breakfast, lw1ch, and eve1ling
meals listing meal items, beverages available and current pricing. Menus , pricing and
changes to menu s or pricing of menu items shall be reviewed and approved by the City
Manager or his designee.
2
------------
Section 8 . HOURS OF OPERATION.
a) From May 1st through September 30th of each year, the Concessionaire shall operate
the restaurant facility seven (7) days per week and during these months shall be open
each day to serve meals to the public from one-half hour before dawn and shall
remain open until at least 10 :00 p .m.
b) During the months of October I st through April 30th of each year, the
Concessionaire shall operate the restaurant facility seven (7) days per week and
during these months shall be open each day to serve meals to the public at dawn and
shall remain open until at least 8:00 pm.
c) Beverage cart(s) must be provided seven (7) days per week and two (2) beverage
carts are required for larger tournaments (60 participants or more), weekends and
holidays . Hours of operation, including the hours of concession shed and beverage
cart operation, may be modified with written approval from the City Manager or his
designee.
d) Beverage cart operation (including concession shed) needs to service the 18-hole
regulation course and the Par 3 course. During the months ofJune, July and August
and on Friday, Saturday and Sunday, two (2) beverage carts are required.
e) Sunday closing at 8:0 0 p.m. is permitted. Nothing herein shall be construed as
prohibiting the Concessionaire from being open for other hours in addition to thos e
stated in paragraphs "a" and "b" above. Restaurant may close on Christmas Day.
f) Concessionaire agrees to cooperate with the Golf Course Manager in scheduling golf
meetings and events that involve use of the grill, meeting room and dining room . In
the event of any disagreement, the matter shall be referred to the City Manager or his
designee.
Section 9. MAINTENANCE, REP AIR AND REPLACEMENT .
1. The Concessionaire shall be responsible for repairs and/or replacement of small
appliances, dishes, glasses, silverware, and other equipment and miscellaneous
cooking pots, pans and utensils. [See Exhibit BJ
ii. The City shall be responsible for the selection of the contractor for
maintenance, repairs and replacement of the stove, grill and oven, hood and fire
suppression system, deep fat fryer, sinks, grease trap, drains, cabinets,
dishwashers, freezer, walk-in cooler, bar refrigeration, furniture , and snack bar
cooler.
The first expense of any contractW'al maintenance costs will be paid by the
Concessionaire as follows:
2008: $1750
2009: $1750
2010: $1750
201 1: $3500
2012: $3500
3
Thereafter, the City shall be responsible for all additional co sts , unless such
cost is due to negligence or other acts by Concessionaire or employees of
Concessionaire.
g) Concessionaire and or the City may temporarily close the restaurant facility for
cleaning, construction and maintenance under a mutually agreed upon schedule.
SECTION I 0 . CLEANLINESS GUIDELINES.
The Concessionaire will maintain, at all times, the kitchen, food preparation, dining and
banquet areas, all equipment, fixtures, paraphernalia, materials, utensils and other items
there in, in a clean and sanitary manner, polished and waxed to the highest degree possible.
Concessionaire shall keep the concession facilities clear of broken glass, debris, and
garbage. Concessionaire shall dispose of any waste water or other waste fluid in the
sanitary sewer. In the event waste fluids may not legally be disposed of in the sanitary
sewer, then Concessionaire is responsible for disposing of same in an appropriate and
lawful manner. Concessionaire shall comply with all applicable health and sanitation laws
and regulations in effect where the food/beverage areas are located. The Concessionaire
shall permit and facilitate inspection of the food/beverage areas by the City and its
representatives and by public health/sanitation/building/fire authorities so authorized at all
times .
The following shall establish the minimum sanitation guidelines for the Concessionaire:
a) The Sanitation Code of the U.S. Food Service Industry as published by the National
Restaurant Association.
b) All State of Colorado Acts and Regulations governing food service operations.
c) All applicable County Public Health/Sanitation Regulat ions.
d) All applicable Federal Government Acts and R egulations.
e) Any specific guidelines established by th e Manager.
SECTION 11. SANITATION REGULATION AND JOB JNSPECTION.
a) Infonnal inspections of the food service facilities are to be conducted weekly hy the
Concessionaire. An inspection checklist is to be prepared and completed by Lhe
Concessionaire for each inspection, and said checklists are to be made available to
the City upon its request. A complete report of c01Tective measures taken or to be
taken for any deficiencies noted should accompany the inspection rcpo1t .
b) Infom1al inspections of the food service facilities are to be cond ucted daily by the
Concessionaire with immediate con-ective measures taken for any deficiencies noted.
c) Fonnal inspections of the food service facilities are to be conducted a minimum of
two (2) times per year, by the City's designated representative, accompanied by the
Concessionaire.
4
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Section 12 . RENT.
•
a) Concessionaire shall pay rent to the City in accordance with the following schedule :
i . Conunencing on January 1, 2008 Concessionaire shall pay $1,000 p er month
or $12 ,000 per year with the assumption the golf course opens on May 24 ,
2008. And shall be prorated upon the opening date of the Golf Course
[ estimated date of June I , 2008] If the golf cours e opening is delayed until
July 1, 2008 , the conces sionaire would get a $3 ,000 r eduction in rent instea d
of$1 ,714 .
ii . Commencing on January 1, 2009, Concessionaire shall pay $2 166 .67 per
month or $26 ,000 per year.
iii. Commencing on January 2010 and for each remaining year on the contract,
the Concessionaire shall pay $3,000 per month or $36,000 per year.
The aforesaid fixed rent payments shall be paid each month, in a dvance, on the
first day of each month or on the first Monday of ea ch month if the first day
falls on Saturday or Sunday.
A penalty fee of $10.00 per day or part thereof sh all b e charged for each day or
p art thereof that the rent is p a st due , until 12:00 midnight on the 14th day p ast
due . If the rent payment is not receiv ed by midni ght on the 14th day past due,
the Concessionaire shall be in violation of the terms of this Agreement, and
subject to termination.
Se c tion 13 . UTILITIES .
City shall provid e all utili ty costs for operatio n
Section 14. JANITORIAL SERVICE AND TRASH REMOVAL.
City sha ll b e respons ible fo r the r eas onabl e co st of t rash r emova l an d j anitorial service for
the Leased Premises. No thing in this Paragraph sh a ll diminish the Concessionaire's
requirements set forth in Paragraphs 10 and 11.
Section 15 . PARKJNG FACILITIES.
a) The existing parking facility adjacent to the Restaurant concession (hereinafter called
"parking facility") sha ll be open for use by Concessionaire and its customers; such
right of use of the sai d parking facilities shall be non-exclusive 1ight.
b) City shall at its own expense maintain the parking facility, which shall include snow
removal when necessary.
~ ecti 11-1§. PHYS! AL FACILITY AND EQUIPMENT.
ity agrees to provide space, fixtures , equipment and fum.iture for an equipped kitchen, bar,
ung area, grill, snack bar and two dining/meeting r oms . Concessionaire agrees not to
5
move existing partitions separating dining area and meeting room without the written
pemlission of the City Manager or his designee.
Section 17 . ADDITIONAL FACILITIES AND EQUIPMENT.
Concessionaire shall have the right to install additional facilities and equipment with the
consent of the City Manager or his designee. Said facilities and equipment shall become
the property of the City upon the ternlination of the lease .
Section 18. SECURITY.
Concessionaire is responsible for the obtaining of theft insurance covering all food, liquor,
and other supplies and personal property of Concessionaire . Such policies shall contain no
right of subrogation against the City. Concessionaire shall provide a copy of the policy to
the City Manager or his designee.
Section 19. PERSONNEL.
a) Concessionaire shall at its own expense employ such qualified perso1U1el as may be
necessary for the concession operation and shall require all personnel to be clean,
polite, and courteous in their transactions with the public.
b) Concessionaire shall give personal supervision and direction to the operation of the
concession and, when absent, keep competent personnel in charge.
c) City shall not be responsible for the wages or salaries of any employee or
representative of Concessionaire, nor for any debts, liabilities or other obligations of
Concessionaire.
d) Neither the Concessionaire nor the employees who perform services pursuant to the
Agreement shall be considered employees , servants or agents of the City of
Englewood as a result of the perfonnance of services under the Agreement.
e) Violence and acts prohibited by law conunitted by Concessionaire or employees of
Concess ionaire shall cause inunediate tennination of the Lease.
f) All concession personnel are responsible for the safe use and proper maintenance of all
kitchen equipment. Concessionaire is responsible for training pers01mcl on all kitchen
equipment operations and maintenance.
S ection 20. LICENSES AND PERMITS.
Co ncession a ire, at its own expense, shall secure any and all licens es and pennits for food
services and purveyance of alcoholic and non-alcoholic b evera ges. Concessionaire agrees
to promptly initiate an application and obtain a Hotel and Restaurant Liquor License
pu rsuant to C.R.S . 12 -47-101 et seq. Concessionaire shall have the responsibility of the
enfi rcement of a ll liquor laws and regulations on the premises .
Concessionaire shall reimburse the City for all license fees it has paid to Sheridan an d the
State of Colorado.
6
Section 21. COMPLIANCE WITH STATE AND CITY HEALTH CODES.
Concessionaire shall keep all concession areas in a clean and sa nitary condition at all times
and shall comply with all State, County and City health laws relating to the dispensing of
food and beverages.
Section 22 . INSURANCE/INDEMNIFICATION .
a) Concessionaire agrees to furnish to City a performance bond or a cash deposit in the
amount of Ten Thousand Dollars ($10,000 .00) guaranteeing faithful perfo1111ance by
Concessionaire of all terms, covenants, and conditions herein contained and
compliance with applicable City ordinances . Said bond shall be furnished as of the
date of execution of this Lease.
b) Concessionaire shall at Concessionaire's own expense keep in full force and effect
during the term of this Lease statutory Worker's Compensation coverage. A copy of
the certificates of insurance shall be sent to the City in care of the purchasing
division.
c) INDEMNIFICATION. Concessionaire agrees to indemnify and hold hamtless the
City of Englewood, its officers, employees, insurers, and self-insurance pool, from
and against all liability, claims, and demands, on account of injury, loss or dama ge,
of any kind whatsoever, which arise out of or are in any manner connected with
Concessionaire, if such injury, loss, or damage is caused in whole or in p art by the
act, omission, or other fault of Concessionaire, or any officer or employee of
Concessionaire. Concessionaire agrees to investigate, handle , respond to , and to
p1 · d e defense for any such liability, claims , or demands at the sole expense of
Concessionaire, and agrees to bear all other costs and exp enses related thereto,
including court costs and attorney fees, whether or not any such liability, claims, or
demands alleged are groundless, false, or fraudulent.
d) INSURANCE.
i. Concessionaire is to procure and maintain, at its own cost, a policy or policies
of insurance sufficient to insure against all obligations assumed by
Concessionaire pursuant to this Lease.
11. Concessionaire shall procw·e and continuously maintain the minimum
insurance coverage's listed below, with the fonns and insurers acceptable to the
City of Englewood. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
(A) General liability and errors and omissions insw·ance with minimum
limits of one million dollars ($1,000,000) per each person and one
million dollars ($1,000,000) per each occurrence, plus an additional
amount sufficient to pay related attorneys' fees and defense costs.
(B) Liquor Legal Liability Insurance, with minimum limits of $1,000,000
for injury or death of any one person; $1,000,000 for injuries or death
7
occurring as a resul t of any one accident; $1,000,000 for property
damage ; and $1 ,000,000 for products liab ility . A certifi cate
evidencing said insurance polici es shall be kept on file with the Clerk
of the City and the City Purchasing division and shall have a provi sion
that the same shall not be altered, amended , or canceled without first
giving written notification ther eof to the City thirty days prior thereto .
Concessionaire further agrees to indemnify the City for any claims
brought against the City because of or on account of Concessionaire 's
operation.
m. Fire and Extended Coverage Insurance shall be provided by the City on the
Club House building, and extended buildings included in Leased Premises ,
only . Concessionaire shall be solely responsible for securing and paying for
insurance coverage on those improvements and contents belonging to
Concessionaire located in or on the Leased Premises. Concessionaire hereby
expressly waives any cause of action or right of recovery which Concessionaire
may hereafter have against City for any Joss or damage to Leased Premises or
to any contents or improvements thereto belonging to either party, caused by
fire or explosion.
iv. The policies required above shall be endorsed to include the City of Englewood
and the City of Englewood's officers and employees as additional insured.
Every policy required above shall be primary insurance , and any insurance
carried by the City of Englewood, it s offi cers , or it s employees, or carried by or
pr ovided through any self-insurance pool of th e City of Englewood, shall be
excess and not contributory insurance to that provid ed by Concessionaire .
v. The certificate of insurance provided to the City of Englewood shall be
completed by the Concessionaire's insurance agent as evidence that policies
providing the required coverage's , conditions, and m.ininmm Jim.its are in full
fo rce and effect , and shall be reviewed and approved b y the City of Eng lew o od
prior to commencement of the Agreement. No other form of certificate sh all
b e u sed . The certificate shall identify this A greement and shall prov ide that the
coverage's affo rd ed under th e poli cies sh al l not b e cancel e d , temrinat.e d or
materiall y changed until at least 30 days prior written notice ha s b een given t o
the City of Englewoo d. Th e completed certificate of ins u ran ce sh all be sent to :
City Clerk
City of Englewood
l 000 Englewood Park.·way
Englewood, Colorado 80110
A ce1tified copy of any policy shall be provided to the City o f Englewood at its
request. A copy of the ce1tificates of insurance shall be sent to the City in care of the
Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado 80110.
v i. The parties hereto w1derstand and agree that the parties are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently $1,000 ,000 per person and $1,000,000 per occun-ence) or
any other rights , inunun.ities, and protections provided by the Colorado
Govenunental Jnununity Act, C.R .S . 24-10-10 1 et seq., as from time to time
8
amended, or otherwise available to the parties, their officers, or their
employees.
A certificate evidencing said insurance policy shall be kept on file with the City
Clerk of the City and shall have a provision that the same shall not be altered,
amended, or canceled without first giving written notification thereof to the City
thirty days prior thereto. Concessionaire fmther agrees to indemnify the City for any ,
claims brought against the City because or on account of Concessionaire's operation.
A copy of the certificates of insurance shall be sent to the City in care of the
purchasing division.
Section 23 . FIRE OR NATURAL DISASTERS.
In the event fire or natural disaster renders the Club House and its concession facilities
inoperable, the Concessionaire shall be released from the terms of compensation to be paid
the City until such time as the Club House and its concession facilities are declared open
and operable by the City. If in the event such concession facilities are not open and
operable within a period of thirty (30) days from the time of such disaster, Concessionaire
has the right to terminate its contract and Lease with the City under Section 24,
Termination of Lease, contained herein .
Section 24. TENANT RECORDS.
Concessionaire shall keep and maintain complete and accurate records and accounts of its
business on a calendar year basis . A monthly report shall be generated providing a
breakdown of "gross sales" into the following categories :
Food Operations,
Banquet Operations,
Beverage Operations AND
Cart Operations .
Such records shall be maintained in accordance with generally accepted accounting
principles. The records shall clearly show Concessionaire's gross sales, including proceeds
from all catering activities. Gross sales shall be divided in restaurant operations, catering
operations and bar operations. Such records and accow1ts, including all sales tax reports
that Concessionaire furnishes to any government or governmental agency shall be macl.e
available for inspection at any reasonable time upon request of the City , the City's auditor,
or other authorized representative. The City reserves the tight to require Concessionaire to
engage an independent auditor to perform an audit of the Concessionaire's records at
Concessionaire's expense.
Section 25. TERMINATION OF LEASE.
a) This Lease may, at any time, be temunated by either party upon ninety (90) d ays '
written notice to the other without cause.
b) The parties may terminate the Lease by giving tlu1ty (30) days' written notice of a
violation of paragraphs 5, 7, 8, 9, 10, 11, 12, 13, 14 , 15, 16, an d 17 .
c) Violation of paragraphs 18 , 19, 20, and 21 shall be grounds for immediate tennination
of the Lease.
9
Section 26 . DELIVERY AND REMOVAL UPON TERMINATION .
Concessionaire w ill deliver the premises at the termination ofthis Lease in as good
condition and state of repair as when received, except for ordinary wear and tear or loss or
damage caused by an act of God. Upon termination, Concessionaire shall have the right to
remove any supplies or personal property belonging to or installed by the operator, subject,
however, to any valid lien or claim which City may have for unpaid fees . Provided a lso
that if said removal causes any damage to the premises, said Concessionaire will rep a ir the
same in a proper and satisfactory manner at its own expense .
All liquor licenses shall be transferred to the City of Englewood or new concessionaire. At
no time shall Concessionaire terminate, alter or surrender the liquor license without
approval of the City of Englewood. The Concessionaire shall be subject to injunction to
prevent surrender or injury to the liquor license. Upon termination, the attached Power of
Attorney shall be operative and shall allow the City to operate the establishment pursuant to
law. In the event the liquor license is transferred to the City of Englewood or new
concessionaire, the City shall pay the Concessionaire $2,500 .00 less any offsets allowed by
the prior provisions of this Agreement.
Section 27. This Agreement may not be assigned and a subl ease shall not be allowed without the
written consent of both parties.
Section 28 . NOTICES.
All notices, demands and communications hereunder shall be per sonally served or given by
c ertified or registered mail, and:
a) If intended for City shall be addressed to City at:
City of Englewood
Attention: City Manager
I 000 Englewood parkway
Englewood, Colorado 80110
with a copy to :
City of Englewood
Attention: City Attorney
1000 Englewood P arkway
Englewoo d , Colorado 80110
10
b) If intended for Concessionaire shall be addressed to Concessionaire at:
Dadiotis Golf Enterprises, LLC.
201 Denargo Market
Denver, Colorado 80126
with a copy to:
Jim Dadiotis
201 Denargo Market
Denver, Colorado 80126
c) Any notice given by mail shall be deemed delivered when deposited in a United
States general or branch post office, addressed as above, with postage prepaid, or
when served personally at the applicable address.
Section 29. ENTIRE AGREEMENT.
This Lease, together with the exhibits attached hereto:
a) Contains the entire agreement between the parties; and
b) Shall be governed by the laws of the State of Colorado.
Section 30. SEVERABILITY.
If any clause of provision of this Lease is illegal, invalid or unenforceable under present or
future laws effective during the tenn of this Lease, then and in that event, it is the intention
of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also
the intention of the patties to this Lease that in lieu of each clause or provision of this Lease
that is illegal, invalid or unenforceable, there be added as a part of this Lease a clause or
provision as similar in tem1s to such illegal, invalid or unenforceable clause or provision as
may be possible and be legal , valid and enforceable.
Section 31. CAPTIONS.
The caption of each Section is added as a matter of convenience only and shall not be
considered in the construction of any provision or provisions of this Lease.
Section 32. BINDING EFFECT.
All tem1s, conditions and covenants to be observed and perfonned by the patties hereto
sha ll be applicable to and binding upon their respective heirs, administrators , executors,
su cc esso rs and assigns .
11
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
CITY OF ENGLEWOOD, COLORADO DADIOTIS GOLF ENTERPRISES , LLC
"City"
James K. Woodward, Mayor
By ____________ _
ATTEST:
Loucrishia A. Ellis, City Clerk
12
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, ' 2 007 Restaurant lnvento~t -Exhibit B ,,-..,_
' Item Quantity · Item Quantity ---BS01 0 1 Blender Comp S/S 1 BS0007 Black Cond Dispo 6 pt 1 ---
,. BS0056 Margarita Salter 1 BS0044 Funnell 1/2 Pint 1 ----BS0094 Glasswasher Triple Brush 40461 1 BS0045 Funnell 1 pint 1 c--
BV1530 Coffee Serv lnsu l #144 6 BS0082 Bar Keep Quart Complete 4
~U0811/#PS286-8 I Pierced Turner 8x3 2 BS0126 Upright Glass Washer 1
C U0828 WSK-60 ,Steak knife/w Wood Hand le 12 Cr1309 Martini 7 1/4 Oz 12
-D11265 Basket Oval #47206 24 CU0800 S/S Turner 2
011 577 #9000 Butane Stove 1 Di1252 Oak High Chair 2
Di11348 S & P Tower 1 Oz 50 Di1257 Call Bell 1
Di1274 Buff Ware Serving Tong 2 Di1261 Ladle plain 10 .5" all colors 2
.)11286 #406(206) Syrup Disp 6 oz Glass/Chrome 12 Di1454 Pitcher 60 Oz Clear 12
Di1618 PSB 15 Pebbled Bowl 15" 1 Di1465 Cam Tray 16" Round 2
Di1622 PSB-10 Pebbled Bowl 1 O" 1 Di1509 8.5"x11" Double Menu cover 36
:Ji1711 #1120CBP Silverware Bin I 1 Di1684 Cam Tray 14" Round 2
Di1865 #PSB-10 Pebbled Bowl 8" 1 Di1687 Cam Tray 27" oval 4 I
Di1909 Self Serve 3 Tier 11" Bin 2 Di1701 Chrome Tray Stand 2 I
Di1935 Buffet Ware Serving Tong 2 Di1942 Value Chafer 4
I Di275 Buffet Ware Slotted Spoon 2 DS2437 Storesafe Food Labels 1
DS2054 Towel HD Natureal 12 RL 1 GL 1025 Irish Coffee 8 12 Oz 12 I DS2407 Towel Roll Dispenser 2 GL 1217 16 Oz Cooler 36 ----I
GL0950/#03792 Brandy 2 oz I 12 JA0506 Lobby Dust Pan Plastic 1 I -GL 1015/#05258 Sugar Packet Holder 30 JA0522 Huskee 32 Gal Gray 2 ~--GL1087/#15447 Ramekin 5 Oz 12 JA0573 WFT Floor Cone #125 1
G L 1109/#05265 Ashtray 24 JA0574 #40340 Mop Handle Quick Change 1 ~----GL 1244ll727U Rocks? Oz 36 JA0578 Duo Sweep Lobby Broom 1
G L 1248/#7729U Beverage 9 Oz 36 JA0598 60" Tapered Handle 1
GL 1250/#77174 Mixing Glass 14 Oz 36 JA0 617 #87501 Hi-Lo Scrub Brush 1
... 1480 #5281/932U 1.5 7/8 In (4) 36 JA0626 Floor Squeegie 18" 1 I
GL 1510/#80221 24 JA0654 High Boy Wastebasket I I
Wine Glass 10.5 Oz 4 I
G L 1518/#80220 Marbeya Wine Glass 8 Oz 24 JA06597 Luma Thread Handle 1
i 11620 PSB-18 Pebbled Bowl 18" 1 JA0669 Mopping Combo Pack 35 QT 1
Ice Machine 1 JA0723 ACS Grill Screen 1
Ice Scoop 1 JA0726NIP Light Mat 3x5 Black 6
M12439 Ladle 02 Oz s/s 1 M1278 Dish Table 1
M12442 Ladle 06 Oz s/s 2 M1278 Low Temp Sanitizer 1
M12444 Ladle 12 OZ s/s 2 M1278 Soiled Dish Table 1 -M12805 Basting Spoon 15" Slotted 2 M1313 Work Table 1
M190 Cheesemelter M2726 Counter/Salad 1 ~
M2726 Hot Food Table 1 M2726 Undercounter Freezer 1
·1 57/TA #P7004-22 Full Pan 4 " 3 Mi120 4 Time Clo ck w/cards 1 I ' I
12 107/TA #P7132-22 Third Pan 2" 3 Mi20 71 8 Qt Sauce Pan 1 I
-M,2125TA 12" Silver Select Fry Pan 1 Mi2097/TA Bar Shaker Cocktail 2 I • •'
Mi2132 5303 Bun Pan Half Size 12x18 3 Mi2098/TA 10 Qt Sauce Pan 2 I I I
M12139 9003 I Bun & Roll Pan 18x26 24 Mi2171 Third Cover Slotted 3
-. -.
. -~---. ----
2007 Restaurant Inventory List -Exhibit B
'55rrA #P-7 002-2~ Fu ll Pa n 2" 4 Mi2217 Combo Can Punch I 1
160(fA #P7124-2~H a lf Pa n 4 " 4 Mi2240/ SFSP Cover 12 Qt Sq 2
"161 (fA #P7126-24H a lf Pan 6" 4 Mi2261/ #22SFSP Food Container Sq 22 Qt Poly 2
163fTA #P7136-24Third Pan 6 " 3 Mi2265/ #6SFSP Food Container Sq 6 Qt PLY 2 '
166fTA #P7166-2, S ixth Pa n 6" 4 Mi2265/#8SFSP Food Container Sq 8 Qt PLY 2
M12211 #1 Can Opener No Base 1 Mi2303 Silvatainer Gray 1
;2299 #2115-5CB P Bus Tub 9" 1 Mi2332/#40082 Fry Pan 8" CeramiGuard 2
12304 #2115-?CBP Bus Tub Black 7 " 3 Mi2386/ #12SFSP Food Conta iner Sq 12 Qt Poly 2
M12335fTA 8" Silver Se lect Fry Pan 3 Mi2422 Four Sided Grater 1
M12347fTA 10" Sil ver Select Fry Pan 1 Mi2479 Measure 1 Pint 1
Mi234 7fTA 12" Silv er Se lect Fry Pan 1 Mi2480 Measure 2 Qt I 1
M i2418 Fryer Bo il Out 36 /2 Oz 1 Mi2481 Measure 4 Qt 1
Mi2487 M ixi ng Bowl 1.5 Qt 1 Mi2 4 82 Measure 1 Qt 1
Mi2489 Mixing Bowl 4 Qt 1 Mi2483 Measure 1 cup 1
Mi24 91 M ixi ng Bowl 8 Qt 1 Mi2484 Measuring Spoon Set 1
Mi2494 M ix i ng Bowl 16 Qt 1 Mi2526 Boar Bristle 2" Pastry Brush 1
1264fTA #P7164-22 Sixth Pan 4 " I 4 Mi2540 Broiler King Course Wood Handle 1
Mi2694 Hi nged Tong 10" 2 Mi2542 Potato Peeler 2
M i2695 Hinged Tong 12 in 3 Mi2546 Measuring Cup Set s/s 1 ' Mi2702 Tong Salad 6" #4606 1 Mi2578 Potato Masher 5 1/4" 1 I
Mi2705 6TGS Scalloped Tongs 6" 4 Mi2624 Silverware Cylinder Plastic 6
Mi2996 HD-2 32 oz SS Scale w/Dashpot 1 Mi2654 Steak Weight Cast Iron 2
r.113062 #394539 Must Wash Hands Sign 2 Mi2674 /Strainer , Double Mesh 1 O" #99 2 I
7fTA PCRF #P1250 Full S ize 21/2" 3 Mi2733 Piano Whip 1 O" 1
ST1731 Half Size Pan 21/2 " 4 Mi2738 French Whip 16 " 1
T A3052/PR39-M Maurissa Plate 10.25" 108 Mi2739 Piano Whip 12" 1
T A3059/PRD6-M Maurissa Saucer 108 Mi2746 Spoonula 16" 1
'f A30598/PR-07-M Maurissa Bouillon 36 Mi2785 Kleen Pail 6 Qt 3
TW1956 Napolean Teaspoon 108 Mi2790 Chill Stick Rap 2
TW1958 Napolean Bouillon Spoon 48 Mi2815 1 O" High Heat Spatula 2 j
TW19 59 Napolean Salad Fork 108 Mi2879/ 1/2Roast Pan 18 x24x4 .5 1
TW1960 Napolean Dinner Knife 108 Mi2924 Plate WR 71/8" 108
TW1962 Napolean Iced Teaspoon 36 Mi3033 Meat Tenderizer Alum 1
TW2104 Napolean Dinner Fork 108 MUN123 Dough Cutter 1
UN2101 #6301 Bun Rack Pan 2 ST1782 Vegetable Insert 7 .5 Qt 2
---"uN2750/X Press Conveyor Toaster 120V 1 ST1960 Vegetable Insert Cover 7 Qt 2
UN2756 Bulb Warmer 2 TS1859 Wall mount Pre-Rinse Unit 1
UN2759 Cooker Warmer 1 TS1866 Glass Filler 1
UN2817 Potato Cutter 1 UN2803 APW Full Size Warmern W-3V 1
.;N3097/RCS10MP M icrowave 1 UN2804 I Mandol in Slicer 3 blades 1
UN3049 Grah48 Food Warmer 120V 1
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I r-, f""' ('\ 2007 Restaurant Inventory ._,st -Exhibit B I .
Item Quantity Item I I Quantity
Silverware Tub 1 Stainless Serving Spoons I I 6
Oval Dinner Plates 70 Plastic Serving Spoons I I 2
Bread Plates (in Box) 58 Stainless Dressing Ladels 8
Rectangular Plates 22 Large Plastic Ladel I 2
monkey dishes 5 Small Spatula I I 2 I
dessert plates I 111 Cake Server 1
Small Round Bowls 10 Black Plastic Tongs ! I 5
saucers 45 Tan Plastic Tongs I I 2
coffe urn 1 Tiny Stainless Tong I I 1
Cof'ee Warmers 2 Black Plastic Tongs-Small I I 2
Small Plastic Inserts-Steam Table 12 Black Pastic Tongs-Lrg I I 2
Large Baking Sheets 10 Stainless Tongs-Lrg i I 2
ice cream scoop 1 Stainless Spatula 3
Silver Round Trays 6 Stainless Tongs-Med 3
Extra Large Cooking Pot 1 Stainless Ladel -Sm 2
Lg Cooking Pot 2 Stai n less Ladel-Med I I 3
Med Cooking Pot 3 Bread Kn ife I I 1
Pot lids I 6 C hopping Knife I I 1
Simmering Pot w/handle 1 Wooden Handle Steak Kn ives I I 33
Large Skillets 2 Stainless Steak Kn ives i I 56 I
Med Skillets 2 Forks I I 39
Small Skillets 3 Knives
I
I 4 1
Vegetable Pans 3 Salad Forks
I
42 I
Large Straining Bowl 1 Spoons 40 I
I
Large Plastic Salad Bowl 1
I I
' I
Med Plastic Salad Bowl 3 Black Bus Tubs w/stand 3
Med Stainless Bowls 3 Steam Table I I 1
Lg Black Plastic Catering Tray 1 Toaster I I 1
Lg Stainless Pitcher 1 Sharp M icrowave I 1
Large Glass Measuring Cup 1 Co ld Prep Table
I
1
Plastic Beer Pitchers-Bud 11 Line Heat Lamp 1
Water Pitchers 3 Silverware Holders Round I 3
Utensil Rack w/ 5 Shelves 1 Fire Extinqu ishers I 2
Meat Slicer 1 Paper Towel Dispenser I 1
Stainless Prep Table w/sink 1 h igh cha ir I 1
stacking o rgan izing shelves I I 4
Cutting Boards 2 la rge glass holder rac k I I 1
Food Scale 1 glass holder rac k s I 2
~
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---· --.
---------· ·-·---------. ·-· .... -·
... ... .. ---------.. -.. -----------··--·--·--. ----------··--~-
... --------
2007 Restaurant Inventory List -Exhibit B
Aqua Funnell I I 1 I podium I I 1
Chafing Pan Racks 4 movie screen I I 1 I
Chafing Pan Inserts 8 Metal Shelf in Office
I I 1 I I
Chafing Pan Lids 3 Desk 1
I
Self Contained Chafing 3 chair racks
I I
1
Stainless Rack Above Sink 3 banquet tables 2
Stainless Storage Racks 6 sound eguipment I I 7
3 Shelf Table 1 Rack on wall in office I I 1
all cooking stoves , ovens, microwave , I 2 Shelf Wall Rack 1 refrigerators , freezers , coolers, etc 1
Exception: True Coolers , Pepsi Cooler,
1 Shelf Wall Rack 1 Nestle Cooler
Beer Coolers w/Lids-portable 3
Racks in Walk in 2
Racks in Freezer 3
Beer Mugs 12 I
Beverage Glasses 25 I
Juices Glas~es 29
Coffee Cups (some in boxes) 74
Glass Coffee Mugs 16 I
Shot Glasses 7
Wine Glasses 18 I
Large Glasses 15
I
Highball Glasses 24 I I Can Opener behind Bar 1
Bar Shaker 1
Plaslice Juice Holders w/lids 3 ,'
Silverware Holder 1
Small Round serving Tray 1
Sugar Holders 15 I
SalUPepper Shakers 15/15 I
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-----·-' -· . ----· -··-· -
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 17, 2007 11 c I Server Virtualization and Storage Project -
equipment purchase
Initiated By: Staff Sources:
Department of Information Technology Michael Flaherty,
Deputy City Manager/ Acting IT Director
Ted War~in, IT Network Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• In 2002, Council approved the Strategic Information Systems Plan (SISP), identifying the goal of
applying technology to enhance City service delivery and efficiency.
• Many of the hardware technologies implemented since that time having approached the end of
their replacement cycles. The opportunity has presented itself to implement new technologies
to improve processing and storage capabilities while reducing historical capital and operating
costs associated with servers and data storage.
RECOMMENDED ACTION
It is recommended that Council approve, bv Motion, 1he purchase of computer servers,
virtuaJization soflware, storage technology and professional Implementation Nl'Ylces from
l.onlVeew Systems .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Follow ing a formal RFP proc ess, the City exec uted a Professional Se rv ices Agreement in May 2007
with LongVi ew Sys tems of Denv er to conduct a se rv er virtualization, storage, and disast er planning
assessme nt. The purpose of th is proc ess w as to:
a) Maximize the long-term performa nce an d resou rce utilization of the City's server
environment, while better controlling operating costs and capital replacement expenditures.
A specific analysis of server consolidation and virtualization opportunities was included.
b) Optimize the City's central data storage and application provisioning strategy in order to
leverage be tter overa ll sys tem pe rfo rma nce, ease of syste m ma nageme nt, fos t er database
license conso lida tion, and improve sca lab ili ty.
c) Seize opportunities to improve ove rall di sas ter p repared ness/recovery capabi lit ies in both
areas .
Currently, the City has approximately 4 7 indivi du al servers that hou se th e vario us computer
programs and data of the City. In the past, new computer applications often required their own
server to operate. However, this often left the servers under-utilized in terms of their memory and
processing capabilities, which typically ebb and flow during the day depending on user demands.
New (but heavily tested and widely accepted) software technologies are now available that
essentially "pool" the processing capabilities of servers in order to leverage unused capacity.
In addition, each server currently has its own direct-attached storage (aka "hard drives ") for housing
data and applications. A more economical technology called "Storage Area Networks " or "SANs"
allows storage to be combined and managed across systems, resulting in more efficient use of
storage space. SAN technology also allows significant improvements to disaster recovery
capabilities by allowing "real-time" redundant storage of data between City Hall and the L/E
Wastewater Treatment Plant.
As a result of Longview's study, it was determined that the City's "fleet" of nearly 50 eligible servers
can be consolidated to five (5) new, conventional servers (three at City Hall and two at the L/E
Wastewater Treatment Plan) using the VMware software product and NetApp Storage Area
Network technology recommended in the study. At the City's request, LongView performed a
financial analysis that concluded that the implementation of the computer hardware and software
will result in a reduction of approximately $243k in IT capital replacement costs over the next three
years, and $291 kin general fund dollars over the next three years (for such cost categories as
system maintenance, staff administrative time and power consumption). Based on their assessment,
LongView determined that the payback period for the new investments included in this Addendum
will be only 16.5 months based on the general fund/capital cost savings summarized above. The
City has engaged LongView to provide the associated implementation services so as to hold them
accountable for the performance of the entire solution -from design through implementation.
FINANCIAL IMPACT
The total cost for equipment and related implementation services is $336,089 as detailed in the
attached Cost and Funding Source Summary. In addition to this amount is an interdepartmental
transfer of $12 ,296 from the L/E Wastewater Treatment Plant to the Capital Projects Fund for the
purchase of two new servers from IT Department stock, as well as a 10% project contingency.
Funding for this project w as budgeted for 2007 and is included in the Capital Fund .
With assistance from the Purchasing Div ision , price quotations were re view ed based on the
specifi c ations for the entire solution in comparison to gov ernmental prici ng. LongView systems '
proposa l provi ded the m ost cos t-effecti ve resu lt (for exampl e, Lon gv iew's proposal for the Netwo rk
Appliance storage devices was more than $115k lower than GSA pricing).
Attached is a summary of the costs for the major commodity and service ca tego ries included in the
project, along with the targeted funding sources . The contribution from the L/E W ast ewa ter
Tr ea tmen t Pl ant is ba se d o n ac tu al cos ts of har d wa re, software and p rofess io na l serv ices as soci ated
with th e sys t em s b ei n g impl emented at th eir si t e.
LIST OF ATTACHMENTS
Q uote sheet comparison
Cost and Funding Source Summary
INTEROFFICE MEMORANDUM
TO: MIKE FLAHER1Y
FROM: TED WARGIN
SUBJECT: COMPETITIVE PRICING
DATE: 12/12 /2007
CC:
The purpose of this memo is to show the how the Information Technology department arrived
at the decision to use Long View's overall bundled services. The chart below shows the entire
virtualization project, broken down into 3 major categories . I/T used GSA 1 pricing versus Long
View, as well as WSCA2 versus Long View, where appropriate . Both GSA and WSCA share
competitive Government pricing models .
GSA WSCA Lon view difference
VMware Licensing N/A $ 55,132.80 $ 58,484.00 $ (3,351.20)
Network Appliance $ 275,651.69 N/A $ 160,347.00 $ 115,304.69
HP Server Hardware N/A $ 27,135.00 $ 23,339.76 $ 3,795.24
tobll savings using Long View $ 115,748.73
1 GSA -Government Services Association
2 \X 'SC\ -Western Sta te s Contracting Alliance
Server Virtualization / Storage -Cost and Funding Source Summary
Cost as Proeosed
Cost Categories General Cl~ WWTP Total
VMware (Virtualization Software) & Related Licenses $ 37,890 $ 20,594 $ 58,484
Network Appliance Storage Devices $ 80,187 $ 80,187 $ 160 ,374
Server Hardware $ 23,340 $ 543 $ 23,883
Backup Devices and Software $ 28,124 $ 18,749 $ 46,873
Contract Sub-Total -Commodities $ 169,541 $ 120,073 $ 289 ,614
Implementation Services $ 26,955 $ 19,520 $ 46,475
Contract Sub-Total -Services $ 26,955 $ 19,520 $ 46,475
Contingency@ 10% of Commodities & Services $ 19,650 $ 13,959 $ 33,609
Internal Transfer of Funds from WWTP to Capital Project
0701-0003-01 for Purchase of 2007 Two DL380 Servers $
from IT '
$ 12,296 $ 12,296
,.
Funding as Proeosed
Funding Categories General Ci~ WWTP Total
Network Development Capital Project 2007 Server $ 15,925 $ $ 15,925 Replacement Funds (0701-0003 01)
Network Development Capital Project 2008 Server $ 50,000 $ $ 50,000 Replacement Funds (0701-0003 01)
Network Development Capital Project 2008
Virtualization/SAN Service Enhancement Funds (0701-$ 50,000 $ $ 50 ,000
0003 01)
Finance/HR System Capital Project-Formerly for $ 72,000 $ $ 72 ,000 DataGuard Disaster Recovery (0701-0003 04)
Finance/HR System Capital Project-2007 Hardware $ 15 ,924 $ $ 15 ,924 Upgrades (0701-0003 04)
UE Wastewater Treatment Plant Funds $ $ 165,849 $ 165 ,849
Transfer-i n from UE Wastewater T reatment Plant for $ 12 ,296 $ $ 12,296 Pu rchase of 2007 Servers from IT
·\. Pro ect Fui1dln·· Total -.$ 218145 $ 185849 $ 381994
(
RESOLUTION NO.
SERIES OF 2007
A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2008 BY THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS , City Council of the City of Englewood, Colorado discussed the appropriations
for aid to other agencies for the year 2008 at the Study Session on December 3, 2007 ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The following designations are hereby made to the appropriations in the 2008
Budget of the City of Englewood, Colorado for aid to other agencies ;
SOURCE OF FUNDS :
Total 2008 Budget for Aid to other Agencies $32,250 .00
DESIGNATIONS FOR USE :
Metropolitan Mayors and
Commissioners Youth Award
Arapahoe Philharmonic
Cornerstone Free Methodist Church
Court House Inc/Beacon Center
Doctor's Care
Englewood Cultural Arts Center As soc .
EHS After Prom
Food Bank of the Rockies
Gateway Battered Women's Shelter
Hospice of Denver
Inter-Faith Task Force
Living Branch Community Fellowship
Special Olympics Program
Town of Littleton Cares/Meals on Wheels
Up Close and Musical
D iscretionary
Total
$ 500.00
$ 500 .00
$ 1,700.00
$ 1,000 .00
$ 1,000 .00
$ 500.00
$ 500 .00
$ 1,500 .00
$ 1,000.00
~ 1,000 .00
$13 ,800 .00
$ 500 .00
$ 750 .00
$ 4 ,000 .00
$ 3,000 .00
$ 1,000 .00
$32 ,25 0 .00
ADOPTED AND APPROVED this 17th day of December, 2007 .
ATTEST :
James K . Woodward , Mayor
Lo uc ri shia A. E lli s, C ity C lerk
12 b I
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