HomeMy WebLinkAbout2007 Resolution No. 048•
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RESOLUTION NO . !It_
SERIES OF 2007
A RESOLUTION APPROVING THE TRANSFER OF FUNDS IN THE 2007 BUDGET .
WHEREAS, the City of Englewood is required by City Chaner 10 ensure that expenditures arc
not made without prop:r appropriation \>y City Council ; and
WHEREAS, the City Council approved the 2007 Budget and Appropriation O1dinances on
November 6, 2006; and
WHEREAS, the Englewood City Council has made protection of open sp • ..c • priority; and
WHEREAS , a piece of propeny known " the Oxbow Propert:• was placed on the market
prompting the City to research the acquisition and funding of pu.-chasing the property ; and
WHEREAS , the funds being transferre<' were previously appropriated for the Mary Caner
Greenway/Buffer Project ; and
WHEREAS, additional funding for this project will be necessary and is expected to come from
the following possible so urces : the City of Littleton, Arapahoe County and Open Space, and
GOCO ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Secti on I. The City Council of the City of Englewood, C0lorado, hereby approves the
following transfers and appropriations :
OPEN SPACE FUND:
Source of F uods :
Mary Can er Greenway/Buffer Project $125,000
Use of Funds :
Oxbow Propeny Purchase Project $125,000
Section 2. TI1e City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the budget.
ADOPTED AND APPROVED thi s 21st of May, 2007.
I, L<,ucrishia A. Ellis, City Clerk for ~ity o{ EnaJev.~,
above 111 true copy of Resolution No.~. Series of200 •
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject :
May 21, 2007 11 c I Transfer of Funds In the Open Space Fund from the
Mary Ca.ter Greenway/Buffer Proj ec t to the Oxbow
Property Purchase Project
lnlliated By: I Slaff Source :
Finance and Administrative Services Frank Gryglewicz , Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City C..1uncil has not discussed this supplemental specifically, but City Council has discussed the
acquisition of this property on numerous occasions .
RECOMMENDED ACTION
Staff recommends City Council approve the attache d Resolutio n to transfer funds from the Mary
Carter Greenwa y/Buffer Project to the Oxbow Property Purchase.
OPEN SPACE:
SOURCE OF FUNDS :
Mary Carter Greenway/Buffer Project $125,000
USE Of FUNDS :
Oxbow Property Purch ase Project $125,000
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
City Counci l has made protection of open space a priority. This property was pu t on the market
prompting City staff to research the acquisi ti on and funding of this project.
FINANCIAL IMPACT
The source of funds was previously approp riat ed fo r the Mary Carter Greenway/Buffer Proj ect so
there is no net effect of thi s action. The remaining funding is expected to come from the following
possible sources : City of Littleton , Arapahoe County, and Open Space, and Great Outdoors
Co lorad o.
LIST OF ATTACHMENTS
Resolution
BACKGROUND, ANALYSIS, ANO ALTERN>TIVES lll~"-ITIFIED
City Council has made protection of the City 's Interests on the l\lve ,polnt at Sheridan project a
priority . This properly was a landfill In the past and the City has Incurred additional expenditures to
ensure the trash removed from the site Is ha ndled properly. The additional expenditures are a result
of weather delays and unexpected le vels of ~ash In the landflll.
City Council has made the preservation and ,1cqulsltlon of open space a prior ity. The purchase of
the Oxbow Property furthers this goal.
FINANCIAL IMPACT
The "Golf Course Funds " paid to the City for the long-term lease of the Golf Course property was
placed In the PIF until Council determined the disposition of the funds. TI,ese environmental
oversight expenditures will reduce these funds by $200,000 . The appropriation of funds for the
Oxbow Property will reduce the fund balance in the Open Space Fund by $62 ,500.
LIST OF ATTACHMENTS
Information regarding environmental oversight activities
Resolution
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ORDINANCE NO .~
SERIES OF 2007 --
BY AUTHORITY
CONTRACT 1,0,?S~?i 1 bi
Ev.Ii ,';,,',tt: ~-:..oo 7
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF
ARAI' AHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME : SOUTH
PLA TIE RIVER OXBOW HABIT AT/WETLANDS", BETWEEN THE CITY OF
ENGLEWOOD , COLORADO AND THE BOARD OF COUNTY COMM ISSI ONERS OF
ARAI' AHOE COUNTY, ST A TE OF COLORADO .
WHEREAS , in November 2003 the voters of Arapahoe County approved a county-wide sales
and use tax to be used fo r specified Open Space purposes as set for the in County Resolution No.
030381 ; and
WHEREAS, County Resolution No. 03038 1 authorized the Count y to award grants of funds
from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and
WHEREAS, the Englewood City Council authorized an amended !GA with the Board of
County Commissioners of the Co unt y of Arapahoe penaining to "Open Space" Tax Shareback
Funds , providing match funding for Grant projects with the passage of Ordinance No . 1, Series
of2004 /2005; and
WHEREAS, the Englewood City Council approved the Adoption of the South Platte River
Open Space Plan which became part of Roadmap Englewood 2003: Engle woo d Comprehensive
Plan with the passage of Resolution No . 72, Series of2003; and
WHEREAS, the 2003 South Platte River Plan identified a series of project s and purchases
that add capacity and improve the quality of the recreation experience in the community; and
WHEREAS, the City of Englewood submitted an applicat ion for the award of grant funds
from the Open Space Sales and Use Tax ("Grant Funds") to re distributed to mwticipnlities; and
WHEREAS, the City of Englewood has been awarded an Arapahoe Couniy Open Space
Program Gran t in the amount not to exceed $250 ,000 for the South Pl atte River Oxbow
Habitat/Wetlands ("Grant Project "); and
WHEREAS, the "South Platte River Oxbow Habitat/Wetlands" is approximately 2.8 2 acres of
land adjacent to the Co lorado Water Conservation Board 's South Pl atte River Right-of-Way of
which the 2.21 acres parcel, within th e Cily of Englewood will be owned and maintained by the
City of Englewood and the .39 acre parcel , within Littleton will be owned and maintained by the
City of Littleton; and
WHEREAS, the property will be leased back to the current owner for not more than five years
for a nominal fee ; and
WI 11::llEAS , this Ordinnncc will nu1hor izc the lnlcr~overmnenlal Grnnl Agreement between
the Bnurd of County Commissioners of Aropuhoe, Stole of Cohrado for lhe Englewood
Trnilhcad hnprovcmenls for the purpusc of acquiring prnpcny for recreation, open space,
wcl lands nnd hnb1tnl ;
NOW. THEREFORE , BE IT ORDAINED BY Tl-IE CITY COUNCIL OF THE CITY OF
l.,NGI..EWOOD, COLORA DO , AS FOLLOWS :
Seel ion } , The Intergo ve rnmental Grnnl Agreement between the City or Englewood ,
Co lorado and the 13oard of County Commissione"' of Arnpuhne County, Stale ofColurndo
c1 11 i1l cd "lnlcrgovcnuncntal Agreement Rcgardin,: 2006 Grom Of Arnpnhnc County Open Space
Pro gram l'unds Project Nome : South Plntle River Oxhnw Habilnt /Wcllands", ntlnchcd ns
"Ex hihi l I", is hereby accepted nnd appro ved hy lhc Englewood City Council.
fu;i;ti<,,i 2. Pursuant lo Anicle V, Seel ion 40, of the Englewood Hom e Rule Charter, the Cit y
Co un cil ha s dclcrntin cd lhnt Exhibit A of Exhibit I, ntl nched to thi s Ordinance shnll 1101 be
puhlished hccn use of its size . A copy of Ex hibit A of Exhibit I , is available in th e Ofrice of th e
Englewood Cil y Clerk.
Sec tion 3. The Ma yor is au th orized to execute and the Cit y Clerk to attest and sea l the
lntcrgnvc1111 ncnta l Grn nt Agree ment for and on behalf of th e City of Englewoo d, Colorado.
In tro du ced, rea d in full , and pa ssed on first rcmling nn tht! 2 1st clay of Mny, :wen.
Pub\i shccl ns a Oill fo r nn Onlim111 cc nn the 25 111 cla y of Mny, 2007.
Read by titl e an d pa ss ed on final rc;1c\i11g on th e 4th d:,y of .lune , J.007.
Publi shed by Li lle ns Ordinan ce No . .¼, Series of 2007 , on the Rth da y of Jun e, WCl7 .
I, I .o ucrishia A. Ellis , City Clerk of the City of Eng lewood, Colorado, hereby ceni:y ch at th e
ab ove and foregoing is ~;rue copy of the Ordinance pa sse d on ri,1111 rcading and publ ;s hccl by
lit lens Ordin ance No .~, Series of 2007 ,
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INTERGOVERNMENTAL AGREEMENT REGARDING
2006 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS ·
This Intergovernmental Agreement ("Agreement"), is made and entered into by and
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD,
a municipality and political subdivision of the State of Colora do (the "Grantee").
WHEREAS, on Novembe r 4, 2003, the voters of Arapahoe County approved a county-
wide sales and use tax to be used :o r specified Open Space purposes as set faith in County
P.esolution No. 030381; and
WHEREAS, Resolution No. 03038 1 autho rizes the County to award grants of funds from
the Open Space Sales and Use Tax ("Grant Funds") to be distribut ed to municipalities , as more
fully set forth therein;
'WHEREAS, on May 23 , 200 6, the County approved the Grantee 's Project Application,
which is attached hereto and incorporated by · reference her ein as Exhibit A, ("Project
_Application"), subject to the execution of an intergovernmental agreement and subject to the
tenns and conditions contained herein;
WHEREAS, the County desires to enter into intergovernmental agreements, as a
condition of grant approval, with such municipalities and special districts that have been
approved for grants from the County; and
WHEREAS, th~se intergovernmental agreements are au th orized by A1ticle XIV, Section
18 of the Colorado Constitution and COLO. REv. STAT.§ 29 -1-203 (2005).
NOW, THEREFORE, the County and the Grantee agree as follows:
I. Amount of Grant. Th e County agrees to provide Grantee with Grant Funds in the
amo unt not to exceed $250,000.00 from the Arapahoe County Open Space
Program for the South Platte. River Oxbow Hnbitat/Wctlands ("Grant
Project").
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Use of Grant Funds. The Grant ee ag rees that it sha ll only use the Grant Funds
for the Grant Project, as set forth in Exhibit A.
Time For Use of Grant Funds , The Grantee agrees that such Grant Funds will be
ex pen ded by no later than one year from the date of this Agreement, unless a
longer period of time is otherwise agreed to by the County in writing .
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4. lnleres l on Grnnl Funds . 111c Grantee forlher ag rees that, after receipt or its
Grant, the Grantee will use any intere st earned on the Grant only for the Grant
Project as sci fmth in its approved gran t upp li e11lion .
5. Administra tion Q[ Grant Prn.i££!. The Grantee ,:hall he n:::pon,:ib lc for th e dir ect
superv ision und admini::lration of the Omni Projcr.l. The Cou nly ,;ha ll nol be
li 11 bl c or re,:po11s ibl e for any cos t ov erruns on tl1c Ura 111 l'rnj cc l. No r ,;hall the
Coooly ,;hall llilve any duly or ob ligati on l.o provi de nny flddi ti c,nn l f'umling 1,,r
lh t.: fir:inl Pr nj cc l if thl! Gra nt Proj ect r.ann ot he co 111ph;tcc.\ ,,vith I.li e nnwun l 1,f'
I ira111 1'11 0,I,; awa rd ed hy the Co unty to the Gra nt ee,
(,. (iranl 1'1!!iccl Site Visi ls. Upon 24 hours written not ice to the Grantee ,
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th e Gra ntee agrees to allow U1e County to make si te visits before , during, and/or
al th e co mplet ion of tl1 e Grant Project.
Aclmow lcdggmcn t or County byj)ranl.c c. The Gran tee agrees to acknow ledg e th e
County as a contributo r lo the Gra nt Project in all publications, news rclcai:cs and
other pub li city iss ued by the Grantee rclal cd to the project and ag rees lo all ow the
County lo do th e same. I I' any events arc plann ed in rcgn rcl l.o the Grant Project,
the Coun ly sha ll he acknow ledged as a ccmtri hut or in the invitati on to such events .
Grantee sha ll coo perate with th e Cou nty in prep arin g public in format ion pieces ,
prov idin g ph otos or the Grnn l Project from lim e to ti me, nnd providing access lo
the Gran t Projec t for pu bli eily purposes.
8. gca uircd fumt al Project Si te, Gran tee agrees . to erect 1Lt lcus t one sign in a
public ly visib le area in recog nition of th e grant rro m the Arnpnh oc Cou nty Open
Spncc Program . The loca tion, form, design , and wording of such sign shall be
approve d by lh c Co un ty. Such sii;i1 shall be cre eled prior to the co mpletion of the
Grant Project or its public opening, whi chev er'is the earl ier.
'). )(cpo rt Rcg uircmcnls. On or before December 31, 201 17 , I he Grantee agrees to
provide th e Co un ty with an allllual updated rt:port that · cl c8c 1·ihes th e amo unt of'
progress in co mp leti ng the Grn nt Frojcct, Grant Project mil estones , and the use of
th e Grant Funds to date . Up on co mpl etion of the Omni Project, th e Gra nt ee also
agrees lo ,a ,h111 it to the Cou nly a rinal repo rt , inc luding a letter that ccr lHi cs what
th e C1ra11 I l-'t111 cls have bee n used for and that lhe Grn nt Funds ha ve hc c·.n u,a:cl in
acco rda nce wit h Co unty Reso lution No. 0311 '.18 I. In additi on to th e final n:pur l,
Cira ul ec shall al,;o sub mit lo th e Cmmly a fi nnl proj ect ,;umrnary tha t discu s,;es the
Graul Proj ec t nnd inclu clt:s photogrnph s of the various slagc:s of th e Grnnt Project
deve lopm ent, inc lu ding II photogra ph of the Grant l'rojeet 11 I the time ol'
com pleti on. The Co unty sha ll be Hllowed to use the above photographs in
pub li cation s, p·,bli c inlormntion updntcs, nn d on the County we b site. 'J1ie
Gra ntee furl ht:r agrees lo provide the Cou nty with an elect ron ic co py of the final
repo rt and pmjee l mnnniary nlong with digita l photogrnphs.
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• I 0. Fajlure to Submit Required Reports. Upon written notice from the County's Open
Space Manager, informing the Grantee that it has failed to submit any required
annual update report and/or final report, the Grantee shall submit such reports to
the County through the County's Open Space Manager within thirty (3 0) days,
and, if it fails to do so, the Grantee sha ll be deemed to be in violation this
Agreement. n,e Grantee sha ll be ine ligible for any future Grant Funds, until and
unless such reports have been submitled lo the County's Open Space Manager .
11. Record Keepi ng Requirements . The Grantee shall maintain a complete se t of
books and records documenting its use of the Grant Funds and its supervi sion an d
administration of the Grant Project. TI,e County or any of its duly authorized
re presentatives shall have reasonable access to any books, documents, pap ers, and
records of the Grantee which are pertinent to the Grant Project for the purpose of
making an audit, examination, or excerpts. The Grantee shall keep all books,
documents , papers, and records, wh ich are pertinent to the Grant Project, for a
minimum of three years.
· 12. Reimbursement of Grant Funds . The Granteo understands and agrees that if the .
Grant is not used in accordance with its approved Grant Application and /o r this
. .. _Agreement, the County may require the Grant~~._to reimburse the County in the
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...... ~• ·-~,•-. ·am-ciwiiofsucn Grani Funds thaf areiioT·usedTor·The Gfarit ProjecC.... ... . .
13. Remedi es. The rights and remedies of the County as set forth in this Agree ment
shall not be exc lusiv e and are in addition to any other rights or remedies provided
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14. No Waiver ofRiehts. A waiver by either party to this Agreement of th e br~acb of
any tenn or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by eitr ., party .
15. Cha nges to Grant Project. n,e Grantee agrees and understands that its Grant
Project, once it has been approved by the County, may not be changed without the
County's prior approval. Changes must be requested in writing and may not begin
until an ame ndment to this Agreement has been approve d by the Co unty.
16 . Tran sfer of Interest in Grant Project. The Grantee understands and agrees '.~at no
land or interests acq uired with the Grant Funds as part of the Grant Pro;ect may
be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or
permit on said land or interests be given, without prior approval of the Gran tee 's
governing body after conducting a public hearing . The Grantee further agrees if
such sale, lease, trade or conveyance is made or an exclusive license or interest
has been given, the proceeds shall be deposited in an open space fund to be used
• for purposes consistent with Resolution No. 030381 .
17. Relationship of the Pat1ies, The Grante e shall perform all duties and obligations
under this Agreement as an independent contractor and shall not be deemed by
virtue of' this Agreement lo have e11tercd into any partn ers hip, joint venture,
employer/employee, or other rclntionship with the County.
18. No Third Pa1ty f:lcncficial'ics. Nothing in this Agreement shall give or allow nny
claim or rig ht of action whatsoever by any th i,,I purly, including , but not limited
to, any agents or contrnclors of the Grantee.
19. ,',<'vera bili!_y. Should any one or more provi::ions of thi s Agrc<:me nl he dctcnnin cd
lo he illegal or un cnforccahlc, ull other provis ion s nevertheless shall n:rnain
,:rfc ctiv c; provid ed, howev er, the parti es shall forthwith enter into good li1ilh
Pcgotiali ons and proceed with due diligence lo draft a provi ::ion lhul wi ll aclii cvc
th e origi1ml int ent of the parties hereunder.
20. Wriltcn Amendment Required. This Agreement may be ame nded, modified, or
cha nged, in whole or in part, on ly by wrillen agreement du ly author ized and
exec uted by the County and the Gran lee.
2 1. VenuJ,, Venue for th e trial of any action arising out of any dispute hereund er shall
be in Arapa hoe Cou nty Distric t Cami, pursuant to the appropriate rnlcs of civ il
procedure .
22. Noti ce& Notices, :ts rcfcncd to in thi s Agrcemcnt 1 shall be i,;c nt lo:
CO UNTY:
CITY:
Board of Co unty Commiss ioners of Arapahoe Counly
533 4 South Prince Slrcel
Lill lelon, Co lorado 801GG-000I
and
Arnpah oc Co unty Attorn ey
5334 Sm1lh Prince Stree t
Lilllclon , Co lorado 80166 -0001
nnd
Arapa hoe Co unty Open Space Manager
Arapahoe Cou11ly l'uhlic Wo rks and Dcvclopmc 11t Department
1073 0 Eas t Briarwood Avenue, Su ite 100
Cen t,:u11i11I , Co lmmlo 80112 -3853
and
Mark Graha m, Senior Pl armer
City of Eng lewood, Communily Deve lopm ent Dept.
I 000 Englewood Parkway
Eng lewood, Co lormlo 80110
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and
Daniel Brotzman, City Attorney
JO00 Englewood Parkway
Englewood, Colorado 801 I 0
23. Applicable Law . This Agreement shall be constru ed and enforced in accordance
with the laws of the State of Colorado.
24. Extent of Agreement. This Agreement constitutes the entire agreement of the
parties hereto, The parties agree that there have been no representations made
:egarding the subject matter hereof other than those, if any, contained herein, that
this Agreement constitutes the entire agreement of the parties with respect to the
subj~ct matter hereof, and further agree that the various promises and covenants
crntaincd herein are mutually agreed up on and are in consideration of one
anothe r.
25. Attorney Fees, If litigation is commenced by either party concerning th:s
· ··,-.··, · .-·,-..=·, ;:greenient, the prevailing part§" shall"' lie "entitled ·· to recover its · reasori~ole
attorney's fees and costs from the other party,
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken to gether will
constitute one and the same agreement.
27. Incorpo rati on of Exhibits. Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other documents referenced in this
Agreement shall be incorporated b j reference into thts Agreement for all
purposes.
28, Se ction Headings. The headings for any sec tion of this Agreement are on ly for the
convenience and reference of the parties and are not intende~ in any way to
define, limit or describe the scope or intent of this Agreement.
29. Signatures. 171e signatories to this Agreement represent that they are fu!i,
authorized to exec ute this Agreement and bind th eir respective entities .
IN WITN ESS Wll EREOF , the Ccunly an d the Granlcc have executed thi s Agreement as
or the elate ,;cl li,rth bel ow.
1)/\'l'"l l Lh is __ day or _____ ...... ---~ ·20 07
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lly : _____________ _
Cit y Cle rk
Loucr1.shia A. Ellis
Al'l'ROVED AS TO FORM:
1-l y: ______ ,. _____ , __ _
City Attorney
A'ITES'J':
13y: _______ _
Nancy A. Do ty,
Clerk to th e Board
Al'l'RO VED AS TO FORM:
By : _____ _
As,.i slnnt Ci,unly A i.l(ll'lll:y
GRAN TEE: CITY OF EN GLEWO OD
By : _________ _
Name -Olg a Wolosyn
Ti tle Mayor
CO UN TY OF ARAPAHOE
STATE OF COLORADO
13y: ________ _
Ro d 13ockcnl'cld , Chair, Board of County
Com 111i ss ioncrs
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COUNCIL COMMUNICATION
Date: Agenda 11,m : Subject:
May 21, 2007 11 a II Arapahoe Co unty Open Space IG A
Platte River Oxbow Purchase
Initiated By: I Staff Source :
Community Development Department Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS CO NCIL ACTION
• On July 2 1, 2003, Council app roved the South Pla tte Ri ver Open Space Plan as an ei ement
of Roadmap Englewood: 2003 Englewood Ccmprehensi ve Plan .
• On January 14, 2005 Council approved the IG A to participate in the Arapahoe County
Open Space Shareback program that provides the matc h fundi ng for the~ project.
RECOMMENDED ACTION
Staff recommends that Council appro ve a Bill for an Ordinance authorizing an Intergovernmenta l
Agreement (IGA ) b,-,twee n Englewood and Arapahoe Co unty for the purpose of purchasing
property in Englewood and Littleton for ope n space , recreation, wild life habitat, and wa ter qua li ty
uses.
BACKGROUND AND ANALYSIS
In 2006, on Englewood 's behalf, the Trust for Public Lands (TPL) secured an option to purchase the
Oxbow Prop erty for open space. Englewood sub mitt ed a grant application to Arapahoe County in
2006 seeking funds to purchase the property. The Ara pa hoe County Open Space and Trails Board
(05TB) selected the Oxbow grant appli cation for funding and the Ara paho e County Commissioners
concurred . Englewood req uested th e maximum grant amount of $250,000 and pl edged match
funding of the minimum $62 ,500. There was also an ag reement wi th the City of Littleton tha t they
would cost share in acquisition costs over $312,500. Fair mark et va lue based on an independent
appraiser hired by TPL was agre ed to be the basis fur a se lling price. Other due diligence meas ur es,
such as environmental reports, wer e at the buyer's expense.
The owner of the O xbow Prop erty, Ron Koc;,, did not accept th e property va lue determination of
the 2006 appraisal. TPL co ntinued negotiati ons with Mr. Koch but could not overcome his
objectio ns to the first appraisal. TPL and Englewoo d aRreed to allow Mr. Koch to select another
MAI appraiser to determine the property val ue , The 2007 appraisal determined the value of the
Oxbow Property to be $675,000. T~,e increased va lue was attributed to recent sales of land
adjacent to the Oxbow to Lowe's Home Impr ove ment Store and other recent sales of land
including land purchased for the Sheridan Urban Renewal Project
• Mr. Koch has agree d to accept the val ue determination in the 2007 apprai sal. Other terms of the
agreement Include the City leas ing the property back to Mr. Koch for up to five years for use in his
l.1 1ubr.,1ping busine ss. The lliasc wo uld renew annually for il nominal amot m• /Jut wo uld not be
1ra11sfc-i rahle excep l upon his death, in whi ch Ci\Se his for1.:111 ;m cou ld conlin U(' to operate the
bu sine ss u n th e prope rty und er th e terms of the ilg reem cnt.
Use of lhc Property
Th e ,003 South Platte Ri ve r Plan identified a series of goals and objectives including en hancin g
opport uniti e s lo enjoy open spa ce and pr otec t th e natu ra l environm ent by providing lands for
rc,crc•.ition, wildlife habitat and water qu ality . The Oxbow proper ty con tain s pro lected we tland s,
fl uo dp l,1i11 , a nd fron tage on the Colorado Water Conservati on Board prop ert y that conta in s th e
So uth Plall e Riv er, The Oxb ow property has the potential for being a !railh ead for a futu re trail
.dong th e east side of the river because th ere is safe ve hi cle access to and fr urn th e pro per ty at th e
sign,1li ze d int ersec tion of Wes t Bellevi ew Av enue and South Zu ni Stree t.
Bec ;-i1 1se th e cu rrent occupan t of the prop erty would remain on th e prop ert y for up to fi ve years,
1herc is no imin ccliate pliln lo develop th e prop erty for public us e. The agre ement with Mr. Koc h
,1n ti dpil tes that th e Ci ty m.i y begin to make some use of th e properly during the term of hl s le:t se.
Ha ving th e prop erty occ upi ed may be pr eferable to having it vacan t and su sceptib le to dumping or
o lher un wa nt ed activit ies. During Mr. Ko ch's lease hokt lh e Cil y cou ld co nti1llll:! to see k
c:o nseiv ntion c.1 sc ments on adj ace nt prop erti es thc1l would pro vi de link s to th e Big Dry Cree k lr ,ii l
nort h of th e Oxbow . En gl(~woo d ma y see k fun ding for tr.:1ils ;inti e11h ,1n c:e ments lhrough the GOCO
Lcg c1 cy Gr~nt or olher eligib le sources.
The purchase of the O xbow Prop erly will coun l low:ud En f,\lewoo d's mal ch fo r ,, Great O ut door s
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Co lorado (GOCO) Legacy Gran t if closing is after Jun e 21, 2007 . Ti u, Con ce pt Pape r for the •
Lega cy Grant wa s drafted by th e Tru st for Publi c I.and s (TPL) and sulllni ll ed on behalf of ti ,e Sout h
Pia Il e Wo rking Gro up (Sl'WC) i11 March 100 7. CO CO is ex pec ted lo in vite so me part nerships to
subm it a full gr,1111 appli cation duri ng the summ er of W 07 for a full funding dec ision at th e e nd of
th e ca lendar year. SPWG is re qu es ting a $7 mi ll ion COCO Leg acy Crnnt to ass ist with an
es tim ated $.:!O mi lli on of open spac e and tr,1il enhan ce ment s and pur chases il long th e Sou th Platte
in Arapa hoe County. Arapah oe County has committ ed $3 milli on of Op en Spa ce funding to SPWG
proje cls w hi ch is exp ected lo help close th e funding gap fo r th e Oxbow prop erty.
FINANCIAL IMPACT
The cost of purchasing the Sou th Platte Ri ve r Oxbow property is $730,000. Th is includ es the land,
du e dilig e nce environm ental re prrts, surv eys, appraisals, and rea l es tate serv ices provided by th e
Tru sl for Publi c Land s. The s"li j•.ct IGA between Englew ood and Arapa hoe Cou nty provid es want
fun dinu of $2)0,000. The rrn11i1num required gran1 funding match fr om Englew ood is 25 '¼, ur
$(,'.!,500. Th e City of Lillleto11 l·,as com miU ed $109, ~00 for lh e purchase, an d So ulh St1borba11
Parks and Recr e,1 tio n Dis lri•.:t is consider ing a con trihL1'.inn of $16,500 for lh e purchase . Coun ci l has
prov ided dire cti on 10 allocate $125,000 from th e Open Spa ce Fund ba lan ce 10 th e ,-h ~ow
purchase . Th er e is a funding gap of $146,500. Th e fi nal $146,500 will be req uest "d Ii ,J n 1 Open
Spa ce resources comm itl ed hy Arapahoe County to South Platt e Working Group pm;, .. ·r&.
ATTACHMENTS
Bill for an O rdinan ce •