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Home My WebLink About1997 Ordinance No. 005ORDINANCE NO. b_ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BROOKRIDGE SHOPPING CENTER, THE ELLEN L. CLARIDA MADDEN TRUST, THE BROOKRIDGE HEIGHTS WATER & SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Brookridge Shopping Center, lies within the City of Englewood boundaries located at the southeast corner of Broadway and Belleview; and WHEREAS, the Brookridge Shopping Center water services are currently provided by the Brookridge Heights Water & Sanitation District; and WHEREAS , the Brookridge Shopping Center is expanding by building a new building on the west side; and WHEREAS, water service to the new addition is not readily available from the Brookridge Heights Water & Sanitation District; and WHEREAS, it is more practical for the developer to connect to the Englewood Water System with the proposed water tap being connected to the Englewood Water main in East Centennial Avenue; and WHEREAS, the developer and owner will continue to be responsible for paying the Brookridge Heights fees to the Brookridge Heights Water and Sanitation District; and WHEREAS, the Brookridge Shopping Center will pay all applicable water and sewer tap fees to the City of Englewood for this additional tap; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The Intergovernmental Agreement between the Brookridge Shopping Center, The Ellen L. Clarida Madden Trust, The Brookridge Heights Water & Sanitation District and the City of Englewood, Colorado, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of January, 1997. -1- Published as a Bill for an Ordinance on the 9th day of January, 1997. Read by title and passed on final reading on the 20th day of January, 1997. Published by title as Ordinance No. 5_, Series of 1997, on the 23rd day of January, 1997. ~ti~ 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 . .5._, Series o 1997. Loucrishia A. Ellis -2- INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, is entered into this __ day of , 1996 by and between ELLEN L. CLARIDA MADDEN TRUST, Patricia J. Barnes, Trustee, owner of the property known as The Brookridge Shopping Center which includes the property known as 5188 South Broadway and 5194 South Broadway, whose addr~ss is 2015 Tiara Court, Grand Junction, Colorado 81503 , (hereinafter referred to as "Owner"); BROOKRIDGE SHOPPING CENTER, INC., a Colorado Corporation J. Michael Spriggs, President, Leasee of the property at 5188 South Broadway (hereinafter referred to as ("Leasee"); THE BROOKRIDGE HEIGHTS WATER Ai'ID SANITATION DISTRICT, whose address is 5191 South Pennsylvania Street, Littleton, Colorado 80121, hereinafter referred to as ("the District") and THE CITY OF ENGLEWOOD , whose address is 3400 South Elati Street, Englewood, Colorado 80110 (hereinafter referred to as "Englewood"). WHEREAS , Section 18 (2 ) (a ) of Article XIV of the Colorado Constitution, as well as Sections 29-1-201 , ~.,and 29-20-105 of the Colorado Revised Statutes authorize and encourage gov ernment s to cooperate by contracting with one another for their mutual benefit; and WHEREAS , there is t o be an expansion of t he Brookridge Shopping Center by the addition of a building on t he west side of the property; and WHEREAS , t he location of this building makes it unfeasible for the Brookridge Heights Water and Sanit ation District t o provide water service from their system which is currently used by t he remainder of the Brookridge Shopping Center; and WHERE AS , t he City of Englewood has a water line which is easily accessible from the area of exp ans ion; and WHEREAS. it will be benefici al t o all parties for the City of Engelwood to provide a water tap and w a ter servic e for the new building; NOW THEREFORE THE PARTIES HERETO , FOR GOOD A.i'ID VALUABLE CONSIDERATIO N, THE RECEI PT A.i~D SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED , HEREBY AGREE AS FOLLOWS: A RESPON SIBILITIES OF PARTIES . 1. Englewood shall make a water tap available for the use of that part of the property known as the Brookridge Shopping Center which has the address of 5188 and 5194 South Broadway and is described as "the Premises" in "Exhibit A" and consists of one building located on the west side of said Brookridge Shopping Center, as described below: L OT 1 EXCLUDING ROADS & EXCLUDING THE S . 130 FEET OF THE N . 140 FEET AND THE W . 130 FEET BLOCK 1, BROOKRIDGE HEIGHTS; TOGETHER WITH LOT 1 BLOCK LL\, EXCLUDING ROADS , BROOKRIDGE HEIGHTS , 3RD FILING IN THE NORTHEAST QUARTER OF 68 WEST OF THE 6TH PRINCIPAL MERIDI.A.i~, ARAPAHOE COUNTY, ENGLEWOOD, COLORADO. See also "Exhibit B ." -1- E x H I B I T A 2. The Owner, and Leasee agree to accept the tap and water supply for the use and benefit of the property located at 5188 and 5194 South Broadway. 3. The Owner and Leasee agree to pay all expenses in connection with the installation and maintenance of this tap and associated water lines, provided, however, Leasee shall pay all such expenses during the term of its Lease with Owner, or any extension thereof. 4. The Owner and Leasee agree to comply with all applicable permits and ordinances of the City ofEngelwood regarding the water supplied by the City. 5. Owner, and Leasee shall take all measures necessary to insure that there will be no cross-connection between the City of Englewood water supply and the District's water supply. 6 . The Owner and Leasee acknowledge and agree that this contract for water service from t he City of Englewood in no way affects their membership in, nor their duty to pay any mill levy properly imposed on the subject property by the Brookridge Heights Water and Sanitation District. 7. The Brook:ridge Heights Water and Sanit ation District waives its right to be the sole supplier of water to the subject property and releases the owners and leasee of the subject property from any requirement that they acquire water solely from the District . 8. The Brook:ridge Heights Water and Sanitation District agrees to allow the City of Englewood to provide water to the subject property and releases the City of Englewood from all liability concerning the supplying of water to the subject property. B. ASSIGNMENT . This Agreement shall not be assigned by any party without the prior written consent of the others . C. NOTICE. Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail , postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below , or at such other address as has been previously furnished in writing, to the other party or parties . Such notice shall be deemed to have been gi v en when deposited in the United States Mail. The notice shall be sent to: CITY OF ENGLEWOOD Stu Fonda, Utilities Director 3400 South Elati Street Englewood, Colorado 80110 ELLEN L. CLARIDA MADDEN TRUST c/o Particia Barnes, Trustee -2- BROOKRIDGE SHOPPING CENTER, INC . J. Michael Spriggs , President 8400 E. Prentice Ave. #1140 Englewood , Colorado 80111 BROOKRIDGE HEIGHTS WATER & SAJ.'UTATION DISTRICT Frank Weith, President 2015 Tiara Court Grand Junction, Colorado 81503 D. PARAGRAPH CAPTIONS. 5191 South Pennsylvania Street Littleton, Colorado 80121 The captions of the paragraphs are set forth only for the convenience and reference of the parties are not intended in any way to define, limit or describe the scope or intent of this Agreement. E. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties as to the subject matter of this Agreement and there are no oral or lateral agreements or understandings. This Agreement may be amended only by an instrument, in writing, signed by the parties. If any provision is found to be void by a court of competent jurisdiction, no other provision shall be affected by such holding. All of the remaining provisions of this Agreement shall continue in full force and effect. F . WAIVER OF BREACH. A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. G. AUTHORITY. The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of all of the Parties. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above . ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis, City Clerk Thomas J . Burns, Mayor ATTEST: BROOKRIDGE SHOPPING CENTER 0t1v1A. hcT/ -3- • ATTEST: ATTEST: ELLEN L. CLARIDA MADDEN TRUST BROOKRIDGE HEIGHTS WATER & SANITATION DISTRICT ~ ,/ !l;f/;)- By: Frank Weith, President -4- • • COUNCIL COMMUNICATION Date Agenda Item January 6, 1997 10 a iii Subject Brookridge Heights Water and Sanitation District INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION Council approval, by ordinance, of the Intergovernme ntal Agreement with the Ellen L. Clarida Madden Trust, Brookridge Shopping Center, Inc., The Brookridge Heights Water and Sanitation District and the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Brookridge Shopping Center resides within the City of Englewood boundaries at the southeast corner of Broadway and Belleview. The shopping center is expanding by building an addition on the south side . Water service from the Brookridge Heights Water District is not readily available for this expansion making it more practical for the developer to connect to the Englewood water system than to try to extend the service from the Brookridge system . The proposed water tap will be connected to the Englewood main in East Cenntennial Ave . The developer/owner will continue to be responsible for paying the Brookridge. Heights fees to the Brookridge Heights Water and Sanitation District. ' ... --~ ..... ·~ FINANCIAL IMPACT The Brookridge Shopping Center will pay all applicable water and sewer tap fees to the City of Englewood. LIST OF ATTACHMENTS Intergovernmental Agreement Ordinance