HomeMy WebLinkAbout1999 Ordinance No. 002•
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ORDINANCE NO. A
SERIES OF 1998/1999
BY AUTHORITY
COUNCIL BILL NO . 82
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD
PERTAINING TO FUNDING OF THE OXFORD STREET BRIDGE REPLACEMENT
PROJECT.
WHEREAS, the City of Sheridan has applied for and expects to obtain a $2.29
million grant from the Special Highway Committee of the State of Colorado in order to
fund the Oxford Street Bridge Replacement Project; and
WHEREAS, the Grant is conditioned upon the minimum matching contribution
either in the nature of "in-kind" contributions or cash contributions in the amount of
20% of the grant amount, or a minimum matching contribution of approximately
$458 ,000 ; and
WHEREAS , the City of Englewood has determined it will obtain a substantial
benefit from the improvements contemplated by the Oxford Street Bridge Replacement
Project ; and
WHEREAS , the City of Sheridan agrees to appropriate for and contribute a
minimum contribution of $78,000 as an in-kind contribution of traffic control services ;
and
WHEREAS, the City of Englewood agrees to appropriate for and provide an in-kind
contribution of $50,000 for the Oxford Street Bridge Replacement Project, said in-kind
contribution consisting of landscape services , necessary water line relocation and
rotomilling services ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The Intergovernmental Agreement between the City of Sheridan,
Colorado and the City of Englewood, Colorado pertaining to funding of the Oxford
Street Bridge Replacement Project, attached as "Exhibit N', 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 Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 21st day of December,
1998 .
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Published as a Bill for an Ordinance on the 25th day of December , 1998.
Read by title and passed on final reading on the 4th day of January, 1999 .
Published by title as Ordinance No .~, Series of 1998/1999, on the 8th day of
January, 1999 .
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 1998/1999.
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is entered into this __ day
of , 199_, between the CITY OF SHERIDAN, COLORADO, a Colorado
statutory city, and the CITY OF ENGLEWOOD, COLORADO, a Colorado home rule
municipality.
WHEREAS, the City of Sheridan has obtained a grant of $2,299,040 from the Special
Highway Committee of the State of Colorado (the "Grant") in order to fund the Oxford Street
Bridge Replacement Project;
WHEREAS, the Grant is conditioned upon the minimum matching contribution either
in the nature of "in-kind" contributions or cash contributions in the amount of twenty percent
(20%) of the grant amount, or a minimum matching contn'bution of approximately four
hundred fifty-nine thousan~ eight hundred dollars ($459,800.00);
WHEREAS, the City of Englewood has determined it will obtain a substantial benefit
from the improvements contemplated by the Oxford Street Bridge Replacement Project;
WHEREAS, authority for this Agreement is provided in C.R.S. § 29-1-203; and
WHEREAS, the City of Sheridan and the City of Englewood seek to memorialize the
nature of the City of Englewood's in-kind contribution allowing the City of Sheridan to obtain
the neces.5ary matching funds.
NOW, THEREFORE, in consideration of their mutual rights and obligations as set
forth below, the City of Sheridan and the City of Englewood agree as follows:
1. Contributions of the City of Sheridan and the City of Englewood. The City of
Sheridan and the City of Englewood agree to the following contributions as set forth in more
detail hereinbelow:
a. The City of Sheridan: In addition to obtaining the Grant in the amount
of $2,299,040 as set forth herein, the City shall appropriate for and
provide a minimum contribution of seventy-eight thousand dollars
($78,000.00) as an in-kind contribution of traffic control services.
b. The City of Englewood: The City of Englewood agrees to appropriate
for and provide an in-kind contribution of fifty thousand dollars
($50,000.00) to the City of Sheridan for the Ox.ford Street Bridge
Replacement Project, said in-kind contribution consisting of landscape
services, necessary water line relocation, and rotomilling services .
12/16/98
OXFORDJG2
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2. Other Contributions. In addition to the contn1mtions referenced in Paragraph 1 •
of this Agreement, the Parties acknowledge that numerous other parties are contributing cash
and in-kind contributions to the Oxford Street Bridge Replacement Project as more
particularly set forth in the Oxford Street Bridge Replacement Project Contribution
Agreement, attached hereto as Exhibit 1, and the contribution described herein is expressly
contingent on the City of Sheridan obtaining the total necessary matching funds to receive the
Grant.
3. Miscellaneous Provisions.
a. Captions. The captions of the articles and sections of this Agreement
are for convenience only and shall not be deemed to be relevant in
resolving any question of interpretation or construction of any section
of this Agreement.
b. Entire Agreement. This instrument constitutes the entire agreement
between the Parties relative to this matter, and the provisions of this
Agreement may be altered, amended, waived or revoked only by an
instrument in writing signed by all Parties hereto.
c. Severability. If any term or provision of this Agreement shall to any
extent be determined by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each term and provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law. In case the
exception applies, the Agreement shall be null and void after such
determination.
d. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties to this AGREEJ\ffiNT have set their hands and
seals the day and year first written above.
By:
ATI'EST:
Patricia Ann Mack, City Clerk
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CITY OF SHERIDAN, COLORADO
James Egan, Mayor
12/16,'98
OXFORD.IG2
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ATI'EST:
-------' City Clerk
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By: . '
CITY OF ENGLEWOOD,
COLORADO
-------~Mayor
12/1~98
OXFORD.IG2
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3231 South Zuni
Sheridan, CO 80110-1965
303n62-2200
FAX 3031762-2238
TDD 3031762-9634
OFFICE OF THE CITY AD.l\fiNISTRATOR
Gary Sears, City Manager
City of Englewood
3400 S. Elati Street
Englewood, Colorado
RECEIVED
DEC 16 1998
CITY MANAGERS OFF ICE
ENGLEWOOD. COLORADO
December 16, 1998
Re: Oxford Avenue Bridge Replacement Project -Contribution Agreement
Dear Mr. Sears:
As a follow up to my request from the City of Englewood for consideration to
participate (letter dated September 3, 1998) in the Oxford Avenue Bridge Replacement
Project I wanted to take this opportunity to update you and your City Council of the
project status.
This Tuesday, December 15, 1998, the City of Sheridan City Council will hold a
special meeting to consider awarding a contract for the design and construction of this
project. We have been quite successful in attaining contributions from the W. Oxford
Avenue businesses that will benefit from this project as well as Arapahoe County. These
initial contributions are as follows:
Camas Colorado, Inc. $135,225.00 (in-kind -asphalt/lay down)
F J Kent Corporation $11,500.00 (cash)
· Kloopenberg Investment Company $30,000.00 (cash)
Oxford Recycling, Inc. $69,210.00 (in-kind -materials)
Southwest Concrete Pumping $23,000.00 (cash)
Western Metals Recycling, LL $35,000.00 (cash and in-kind)
City of Sheridan $2,299,040.00 (grant)
$78,000.00 (in-kind services)
Arapahoe County $100,000.00 (cash)
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December 15, 1998
Oxford Avenue Bridge Replacement Project
In addition, the City of Sheridan has received a preliminary part1c1pation
commitment from Urban Drainage and Flood Control District and we are continuing to
pursue additional participation from other property owners along this corridor. The intent
is to be able to expand the scope of this project by attaining a continuous four-lane
roadway from Santa Fe Boulevard to Federal Boulevard, increase the amount of
landscape/lighting improvements and thoroughly address traffic controVsafety issues
throughout this corridor.
Attached is a copy of the contribution agreement with signatures from all
participating parties. The City of Englewood's preliminary indication to participate at a
$50,000 (in-kind services) was included as part of this document. Now that we have all
the other commitments consummated I am requesting that the City of Englewood
consider entering into an intergovernmental agreement with the City of Sheridan for their
contribution.
Thank you again for participating in this project. I believe we are all part of an
exciting and innovative approach to facilitating a much-needed public infrastructure
project. Please feel free to contact me with any further questions you might have
regarding this project.
Sincerely,
(_~
Randy Young
City Administrator
Enclosures
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W. OXFORD A VENUE BRIDGE REPLACEMENT PROJECT
CONTRIBUTION AGREEMENT
This W. Oxford Avenue Bridge Replacement Project Contribution Agreement (the
"Agreement") is entered into the day of 1998, by and between the
CITY OF SHERIDAN, COLORADO (the "City"); and CAMAS COLORADO, INC., a
Colorado corporation; OXFORD RECYCLING, INC., a Colorado corporation; F.J. KENT
CORP., a Colorado corporation; SOUTIIWEST CONCRETE PUMPING, KLOPPENBERG
INVESTiv1ENT CO:MPANY; and WESTERN :METALS RECYCLING, LLC, a Colorado
corporation (collectively, the "Contributors"), in order to memorialize the contributions of the
Contributors to the matching funds needed by the City to obtain certain grant monies to fund the
W. Oxford A venue Bridge Replacement Project.
RECITALS
WHEREAS, the City has obtained a grant of$2,299,040.00 from the Special Highway
Committee of the State of Colorado (the "Grant") in order to fund the W. Oxford Avenue Bridge
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Replacement Project; •
WHEREAS, the Grant is conditioned upon the minimum matching contribution either in
the nature of "in kind" contributions or cash contributions in the amount of twenty percent (20%)
of the grant amount, or a minimum matching contribution of approximately four hundred and
fifty-eight thousand dollars ($458,000.00);
WHEREAS, the Contributors will obtain a substantial benefit from the improvements
contemplated by the W. Oxford Avenue Bridge Replacement Project; and
WHEREAS, the City and the Contributors seek to memorialize the nature of the
contributions allowing the City to obtain the necessary matching funds.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and
promises set forth below, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the City and the Contributors enter into the following
Agreement:
1. Contnoutions of the Citv and the Contnoutors. The City and the Contributors agree
to the following contributions as set forth in more detail herein below:
12111198
OXFORD CONTRJB AGREEMENT
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1. The Citv: In addition to obtaining the grant in the amount of$2,299,040.00
as set forth herein, the City shall provide a minimum contnoution of seventy-eight thousand dollars
($78,000.00) as an in-kind contribution of traffic control services.
2. Camas Colorado, Inc.: Camas Colorado, Inc. shall provide a contnoution of
one hundred and thirty-eight thousand , two hundred and fifty-five dollars ($138 ,255.00) as an in-kind
contnbution of hot bituminous asphalt and lay down.
3. Oxford Recycling, Inc.: Oxford Rec ycling, Inc . shall provide a contribution
of sixty-nine thousand, two hundred and ten dollars ($69 ,210.00) as an in-kind contribution of ABC
CI (6) ($20 ,856.00), Embankment Material ($25 ,620.00), and Str. Bk:fl. Cl. ($23,004.00).
4 . F J Kent Corp .: FJ Kent Corp. shall provide a cash contribution of eleven-
thousand five -hundred dollars ($11 ,500).
5. Southwest Concrete Pumping: Southwest Concrete Pumping shall provide
a cash contnbution of twenty-three thousand dollars ($23 ,000.00), as well as an in-kind contribution
for the value of the use of property as a staging area .
6. Kloppenberg Investment Company: Kloppenberg Investment Company shall
provide a cash contribution of thirty thousand dollars ($30 ,000.00), as well as an in-kind contribution
for the value of the use of property as a staging area ..
7. Western Metals Recycling. LLC : Western Metals Recycling, LLC shall
provide a cash and in-kind contribution of thirty-five thousand dollars ($35,000.00).
2. Other Contnoutions. In addition to the contnbutions referenced in Paragraph 1 of this
Agreement , the parties acknowledge the existence of the following additional contributions to the W.
Oxford Avenue Bridge Replacement Project:
1. Arapahoe County: A cash contribution of one hundred thousand dollars
($100,000 .00), as more particularly set forth in the Intergovernmental Agreement between the City
and Arapahoe County, attached hereto as Exhibit A, and incorporated herein by this reference.
2. City of Englewood: An in-kind contribution of fifty thousand dollars
($50 ,000.00), as more particularly set forth in the Intergovernmental Agreement between the City
and the City of Englewood , attached hereto as Exhibit B, and incorporated herein by this reference .
12115198
OXFORD CONTRIB AGREEMENT
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3. Remedies.
1. Citv's Remedies: The Contributors acknowledge that the contnoutions
memorialized herein constitute matching funds which are express conditions of the City obtaining the
Grant. The matching funds are unique and irreplaceable based on their stated purpose herein, and
damages would be a wholly inadequate remedy for the City. Thus, upon a breach of any condition
of this Agreement, the City shall have the right to specific performance, or damages, or both.
2. Contributors' Remedies: In the event the City is unable to obtain the Grant
or otherwise unable to perform this Agreement, the Contnbutors' shall not be entitled to enforce this
Agreement through an action for specific performance, and the Contributors' sole and exclusive
remedy shall be the rescission of this Agreement.
4. Miscellaneous Provisions.
1. Captions. The captions of the articles and sections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question of interpretation
or construction of any section of this Agreement.
2 . Entire Agreement. This instrument constitutes the entire agreement between
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the Parties relative to this matter, and the provisions of this Agreement may be altered, amended, •
waived or revoked only by an instrument in writing signed by all Parties hereto.
3. Severabilitv. If any term or provision of this Agreement shall to any extent,
be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law. In case the exception applies, the
Agreement shall be null and void after such determination.
4. Governing Law. This Agreement shall be governed and construed m
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties to this AGREEMENT have set their hands and seals
the day and year first written above.
By:
ATTEST:
Patricia Ann Mack, City Clerk
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CITY OF SHERIDAN, COLORADO
James Egan, Mayor
11110198
OXFORD CONTRIB AGREEMENT
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STATEOF ~ )
COUNTY OF tf.~ ) SS .
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KLOPPENBERGINVESTMENT
COMPANY
By:~·
Name: -. ,. ~0
Title: ~ =~-=
The foregoing instrument was subscribed, sworn to and acknowledged before me this It:' -n,
day of ~ , 1998 , by~)~ , as I/cc'.$·: ofKloppenberg
Investment Company.
My commission expires:
(SE AL)
N otfilYPUlic
By: ~;;:;,;;,CYCLING, ~C
Name: G. Scott Gibble
T~~: General Manager
STATE OF Colorado )
) SS.
COUNTY OF Arapahoe )
. The foregoing instrument was subscribed, sworn to and acknowledged before me this JOTtt
day of bete_mba..r , 1998, by t:>E?fLJ\ FbeuM , as o~~rceHA~E.e of Western Metals
Recycling, LLC, a Colorado coq)oration.
rZ-/~/qg
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Notary Public
12110198
OXFORD CONTRJB AGREEMENT
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FROM : ~R~P ~HOE COU~IT Y
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3Ql3 7'34 4657 1 '3'38,12 -15
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement'') is entered into this /~ day
ofYru.m.b.e,c , 199.}L between the CITY OF SHERIDAN, COLORADO, a Colorado
statutory city (the "City''), and the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF ARAPAHOE (the: ,.County").
WHEREAS, the City has obtained a grant of $2,299,040 from the Special Highway
Committee of the State of Colorado (the "Grant") in order to fund the Oxford Street Bridge
Replacement Project;
WHEREAS, the Grant is conditioned upon the minimmn matching contribution either
in the nature of "in kind" contributions or cash contributions in the amount of twenty percent
(20%) of the grant amount, or a minimum matching contribution of approximately four
hundred fifty-nine thousand, eight hundred dollars ($459,800.00);
WHEREAS, the Cowity has determined it will obtain a substantial benefit from the
improvements contemplated by the Oxford Street Bridge Replacement Project;
WHEREAS, the benefit to the County of the Oxford Street Bridge Replacement Project
is based on a number of factors, including, but not limited to, the fact Oxford Street (a) is
designated as a county primary highway, (b) provides a link between the City and
unincorporated areas of the County, (c) provides access _to County businesses, (d) provides
a link between various municipalities within Arapahoe County; and ( e) will provide access
to the future light rail facility serving the County.
WHEREAS, authority for this Agreement is provided in C.R.S . § 29-1-203 ;
WHEREAS, the contribution of the County described herein for the purpose of
contributing funds to the Oxford Street Bridge Replacement Project is within the legislative
and budgeting authority of the · County
WHEREAS, the City and the County seek to memorialize the nature of the County's
contribution allowing the City to obtain the necessary matching funds .
NOW, THEREFORE, in consideration of their mutual rights and obligations as set
forth below, the City and the County agree as f dllows:
1. Contributions of the City and the County. The City and the County agree to
the following contributions as set forth in more detail hereinbelow:
12/1~
OXFORO .IOA
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FROM :AR~P~~1:1 E COUNT Y 3Ql3 794 4657 1998, 12-lS lS:0l ~992 P.Ql3/Ql4
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a. The City: In addition to obtaining the Grant in the amount of $2.29
million as set forth herein, the City shall provide a minimum
contribution of seventy:.eight thousand dollars ($78,000.00) as an in-kind
contribution of traffic control services.
b. The County: The County agrees to appropriate for and provide a cash
contribution of one hundred thousand dollars ($100,000.00) to the City
for the Oxford Street Bridge Replacement Project, based on the
importance of Oxford Street to the County as more particularly set forth
in the recitals hereto. Payment to the City shall be received within
thirty (30) days of demand by the City following receipt of all other
contributions, but no later than December 1, 1999.
2. Other Contributions. In addition to the contributions referenced in Paragraph 1
of this Agreement, the · Parties acknowledge that numerous other parties are contributing cash
and in-kind contributions to the Oxford Street Bridge Replacement Project, and the
contribution described herein is expressly contingent on the City obtaining the total necessary
matching funds to receive the Grant.
3. Appropriation. Pursuant to Section 29-1-113, C.R.S., the financial obligations
of the County in this Agreement which are payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
4. Miscellaneous Provisions.
a. Captions. The captions of the articles and sections of this Agreement
are for convenience only and shall not be deemed to be relevant in
resolving any question of interpretation or construction of any section
of this Agreement.
b. Entire Agreement. This instrument con.5titutes the entire agreement
between the Parties relative to this matter, and the provisions of this
Agreement may be altered, amended, waived or revoked only by an
instrument in writing signed by all Parties hereto.
c. Severability. If any term or provision of this Agreement shall to any
extent, be detcnnined by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each temi and provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law. In case the
exception applies, the Agreement shall be null and void after such
determination .
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12/15/98
OXFORD.IGA
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FROM :RRRPRHOE COUNTY 303 794 4657 1998. 12-15 15:02 1*992 'P.04/04
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d. Governing Law. This Agreement shall be govemed and construed in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties to this AGREEMENT have set their hands and
seals the day and year first written above.
By:
ATIEST:
Patricia Ann Made, City Qerk
By:
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CITY OF SHERIDAN, COLORADO
James Egan, Mayor
BOARD OF COUNTY
COMlWISSIONERS OF THE
COUNTY OF ARAPAHOE
12/1~
OXFORD JOA
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STATE OF~
COUNTY OF avyaJ!.&
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F.J. KENT CORP., A COLORADO
CORPORATION
By: ~ 4-1l::C
Name: roH-N P: lluJr
Title: foP-fAA.NctS :J< \Lwy
The foregoing instrument was subscribed, sworn to and acknowled~ed before me this _
day of lfµ_y _ /0 , 1998 , by~._ F-~ , as ~;_~ ofF.J. Kent Corp .,
a Colorado corporation. ~ ~~ 9-~
My commission expires : oai./o~b_aou .
(SE AL)
Notary Public
SOUTHWEST CONCRETE PUMPING
~:ne:~Ol-L-
Title: fR e S \ Q E;/\ LC
STATE OF 0o1or<AclD )
/J.._ "-) SS. COUNTYOF~~~ )
The foregoing instrument was subs,ci;i~d, sworn to and a!owledged before me this Jlj 'f<--
day of Ro.~~r '1998, by J.eW v'Ylo\\ 'as ~ft'~ d.&.cd:-of Southwest
Concrete Pumping.
My commission expires:
_(SE AL)
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12110198
OXFORD CONTRIB AGREEMENT
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CAMAS COLORADO, INC., A
COLORADO CORPORATION
By:
Name:f-1_~24~-'-L..L.ez:::'.:2~~~~D~
Title:
STATE OF ~ \tlvO-...dQ )
) SS.
COUNTY OF f\-TGY(oJa:i-e_ )
The foregoing instrument was subscribed, sworn to and acknowledged before me this \S dayof~c.o~ , 1998, by ~ono ~~r<·L as'\/£ \_<::en ~..f of Camas
Colorado, Inc., a Colorado corporation. ~ ~ -e-~ <{(___
~ My CommJssion Expires
0912412001
OXFORD RECYCLING, INC., A •
STATE OF~ )
COUNTYOF ~ ) SS.
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COLORADO CORPORATION
The foregoing instrument was subscnbed, sworn to and acknowledged before me this _
day of ~ -IO , 1998, byCfk F-K~ , as --P ~ of Oxford Recycling,
Inc., a Colorado corporation.
My commission expires:
(SE AL)
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Notary Public
12110198
OXFORD CONTRIB AGREEA-IENT
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