HomeMy WebLinkAbout1982 Resolution No. 037I
RESOLlTfION NO. 37
SERIES CE' 1982
A RESOLlTfION APPROVING Nl AGREEl'IENT WITH CINDERMAK ASSOCIAT ES REXiARDING
EXTENSI ON OF LEASE CONCERNING PARKING LOT AWACENT TO CINDERELLA CITY.
WHEREAS , pursuant t:D Peuple's Ordinance No. l , Series of 1964,
City of Englewood sold certain real property t:D the New Englewood Compa ny;
and
WHEREAS, pursua nt t:D sa id agreement, the City wou i agree to
pa rking on certain portions of said property for at l east 60 , ors; and
WHEREAS , it is the desi.r e of the curre nt owner of Ci.,de rella City
to ex tend the parking per i od over a portion of tne property t o November 3 ,
2068 ; and
W''EREAS, the parties de sire to amend a nd c l a ri fy othe r portions of
sa id agr eement;
NO;/, THEREFORE, BE IT RESOLVED:
'!'hat the City of Englewood, Colo r ado , by and thrcugh its City
Council , approves of that contract ti tled :"9reement Clarifyin~ and Amending
Deed Provisions, consisting of 17 pages , including Exiub1t "P." and Exh1b1t
"B", attac hed he reto , \rtlich entire ag reement is incorporated he rein by
r efe r e nce. Th e Mayor i s hereby authorized to sign for and in behalf of the
City of Englewood and the Di recto r of Finance ex off icio City Clerk-Treasure r
t:D attest the same .
AOOPrED NlD APPROVED this 16th day of Aug ust, 1982 .
/s / Eu g ene L. Otis
Eugene L. 0t1s, Mayor
Attest:
/s / Gary R . Higbee
e, officio City Clerk-Treasure r
r , Gary R. Higbee , ex off icio City Clerk-T r easurer of the City of
Engle """d , Colorado , hereby ce rtify that the above i s a true , acc urate and
compl e te copy of Re so lut ion No . 37 , Series of 1982 .
/s / Gar y R . Higbe e
Gary R. Higbee
AGREEMENT C!.ARIFYI!,(, ,"IND AMENDit-K; DEED PROVISIONS
THIS AGREEMENT made this __ day of _______ , 1982, b'J and
between the CIT't OF rnGLElt/0'.lll, a municipal corporation organized purouant to
the provisions of Article XX of dle Colo~ado C~nstitution ("City"), and
CINDERW\K AS SOCIATES, a joint venture of which 'l'IIE EQUI1'11BLE LIFE ASSURANCE
SOCIE'l'Y OF IBE UNITED STATES, a corporation, and DENMAK ASSOCIATES, a
limi ted partnership, are co-venturers ("o.mer") 1
I, E'REMISES
A, On or about April 7, 196 4 , the qualified electors of the City
adopted People's Ordinance No. 1, Series of 1964, ("O r dinanc e No , l")
authori z ing the City t o convey to New Englewood Company, a Colo r ado
corporation, a ce rtain parcel of realty in E•hibit A a ttached hereto ,
authorizi ng the City, subsequently, to accept a reconveyance of a certa in
portion of said real t y subject to certain conditions se t fo,th i n Ordinance
No , l.
8. The provisions o f Ordinance No . l were, and have been, fully
implemented , and on o r about November 3 , 1968 , the City accept pd a
rec'.n,;.,yance of a portion of that realty by deed ("Dee d ") from Capital
A1 liance Company, a general pa rtnership , and New Englewood, Ltd ., a limited
:.iartners hip, which De ed is recorded in Book 1807 commencing at page 713 of
t he records of the Clerk and Recorde r of the County o f Arapahoe , State of
Colo r ado.
C, Ordinance No. l r equired tha t the r ea lt; 1escribed in the Deed be
devoted to free public short-term park' ng for a period of at least si•ty
(60) years. Both Ordinance No. l and the Deed r es~rved to the g r ante r s ,
their successors and assigns, the right to use up to five percent (5%) of
the parcel reconveyed to the City for any use connected with the uses being
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made of that portion of the realty described in Exhibit A hereto not
r econveyed to the Cl ty.
D. 'l'he term "free public short-te rm parking" wa s not defin~d In
Ordinance No, l, but the provisions of the Deed defined such term to mean,
Inter alia , tha t no person ·shall be permitted to park upon the reconveyed
parcel for a period l onger than threa (3) hours, which definition has never
been ap proved by a vote of the City's elec tors. In addition, the provisions
of the Deed 1,uthorized the City a:id the granters, their successors or
as s igns , to In c r eas e or decrease s uch parking timP limits .
E, OWner is the present owner of that portion of the r ealty descr ibed
on Exhibit A hereto, which portion was no t r econveyed to the City by the
De ed, and Is the successor In interest, under Ordinance No. l and the Deed,
t o New Eng lewoo d Compa ny, Capital Alliance Company and New Englewood, Ltd .,
fo r t he purposes o f all rights and obligations arising out of either s uc h
i ns t rument s .
F. OWner desires to further exercise its reserved rights to make use
of ,not mo r e than five percent (5\) of the area of the re alty r econveyed t o
the City by the De ed by using not mor e than one (1) acre thereof upon which
to e rect a s t ru c t ure fo r a us e , or uses , connected with the uses mad e o f the
s t ructu r e pr es ently exist i ng upon that port i on of the rea lty descri bed in
~xh i bit A wh i ch ha s not bee n reconv eyed to the City .
G. City and OWner a:i re,, that the provi sions of thi s ag r eemen t titled
"Ag r eement Cla ri f y i ng ~nd Ame ndi ng Deed Prov i s ions " i s intended to a pply t c
t hat r eal property desc r ibed in Exhib i t B attached he r eto and by thi s
ref e re nce ma de a part he r eof, wh ich real property Is a portion ot that r ea l
property desc ri bed i n the Deed and not the entire pa rce l desc ribed In the
De ed.
H, The Cl ty Intends and the Owner agrees and consents tha t the r eal
property to the east of South Elati Street. shall be bound by the terms of
the Deed and not by the terms of this ag r eement,
I. Both o,mer and City are desirous of clarifying the terms of the
Deed and of memorializing s uch clarification in writing.
I I , l\MENIJ,\ENTS
Based upon the foregoing con siderations, the parties hereto mutu ally
ag ree t hat with re spec t t o that r eal property described in Ex hi bit 13,
att . ched hereto and by this r e ference made a part hereof, the Deed and
ag r eement dated No vember 3, 1968 and reco rded in the records of the Cl erk
and Reco rder of Arapahoe County, State of Colorado, shall be amend ed as
follows:
A, That pa rag r aph 1. "Parki ng Covenant" shall read a s follows as
applied to the pr em i ses described in Exh ibit B:
"l. Parking Co venant. (a) Gran tee covenants and
agrees with Granters that the Premises shall be devoted t o
free public sho rt-t ~rm parking t e rminating November 3 ,
2066. The term "free pu blic short-term parking" shall
mean: (i) that no payment sha ll be required of person s
pa rking , (ii) that neithe r pa rty may limit or deny the
parki ng right , except thaL it ma y be denied to any person
who pe r sistently viola t e s the ru l es and r eg ulations here in
described ; •(ii i ) t hat no person (i ncluding parties hereto)
sha ll be permitted to park in the Premi ses for a period
longe r t han ten and one-half (10-1/2) ho urs and that no
ov ernight parking shall be allowed, provided that Grantee,
acting by and through its legally authorized officials, anC:
Grantors (or t hei r s uccesso r s or assigns ), may from time to
time enter into ag reements increasing or decrP.asing the
pa rking time limits that shall consti tute free pu:,;,
sho rt-term parking for one o r mo re specified Mea~ within
t he Premi ses as described i n Exhibit B, or fo r all u f such
Premises , and de fining the mann er and extent o t enforcement
th ereof; and (iv) that the Premises , except ing those pa rts
devo ted to Grartors' reserved rights , shall be used solely
fo r the parking of passenger auto111obi l es and othe r
family-type veh'.cles, bicycles, motorcycles and the like
(not Including trucks, buses and similar vehicles, except
to the extent and for the periods of time reasonably
necessary In connection with the loading, w,loadlng,
delivery and rece ipt of passengers, good s , wares ,
merchandise and materials to and from the Premises and the
l\djacent Property) and for t he related ramps, driveways,
servicing and maneuvering reas, and for landscaped areas
substantially equal ln ace o to those now provided, (b)
From and after November 3, 2068, the Premises may be used
for any other purpose or purposes not incons i stent with the
exercise of the ricJhts reserved by Granters In Section 2
herein ~r the enjoyment of the benefit of Grantee's
cover.dnts set forth below In Section 3. (c) Grantee
acc:epts the Premises subject to such covenants and each ,of
t>,e other terms and conditions hereof.•
8 , Th at parag raph 4 "Further Covenants Respecting Parking" shall
re~d as follows as applied to Exhibit B:
"~. Further Covenants Respecting Parking, Granters
and Grantee covenant and agree that w,til November 3, 206 3:
(a ) Grantors shall, a t their exp<ense, repai r,
main tain, light, stripe, and clean the Premises , keeping the
Premises in good order and cond ition, ordinary wear and tear
e: ceptcd , at least equal to the order and cond ition of
parking areas maintained for comparable retail and
commercial areas in the Denver, Colorado , metropoli tan
a rea.
(b) The l ocation and me ans of access, ingress,
and egress to, from , over, on and across the Premises and
the direction and means of regulating the flow o f traffic on
and in the Premises as presently established 0,1 the date of
this Dee d , shall not be changed in ;;,;,, . .aterial r espect
without the ap proval of both Grantoro and Grante~.
(c) Grnn tee shall provide such !X)lice protection
and traffic supervision for the Premi ses as may reasonably
be required t o maintain safe and orderly conditions and
compliance with law and with the rules and regulations
adopted pursuan t to thi s ins trument ."
C. Wi th r espect t o that real prcperty no t de3cribed in Exhibit B, the
agr eement between the parties as fow,d in the Deed dated November 3, 1968 and
reco rded i n Book 1807 coHvne ncing at pc,gc 713 o f the r ecordz of t he Clerk ;:,11,1
ar.1 effect.
II I. CLARIFICATIONS
A. It is recognized by the parties hereto that Owner has the right to
use not rrore than five percent (5\) of the total surface area of the Premise s
desc ribed in Exhibit A under pa ragraph 2 of the Deed, for uses connected with
the uses ~•de by Owner of the parcel retained by them; that the total surface
area sunjc·:t to such right equals approximately 1, 7 acres; and that Owner has
utilized ·. r is in the process of utiliz ing , approximately .63 ac res the reof
for the purpose of the erection and construction of additional park i..g
facili ties,
B, City ,grees that Own,,r has the right to make use of not rror e than a n
addi tional one (1) acre of the parcel described in the Deed, under pa rag raph 2
of the Deed, for the purpose of erecting a structure, or structures,
phy sica lly connected to the structur.e presently existing upon the re ,1lty owned
by Owner (which structure is popularly referred to as "Cinderella Ci ty"), for
use as a f acili ty fo r retail sales and services .
C. The parties hereto acknowledge that Insofar as the covenants
contained within the Deed are covenants running with the land, pursuant to
pa ragraph 5 c f the Deed, any successors or assigns of Owner , inc luding any
tenant s of the property ~•sc ri be d on that portion of EY.hibit A whi ch has not
bee n r econveyed to the City, shall have the benefits c:,f any covenan ts
beneli ting the Owner thereunde r and the <>,mer may rant rights to ~uch
t enan t s , provided no such grant is inconsistent witn the terms of the Deed .
D, 'rhe amendments set forth in paragr:.ph II, A through C, may tit,
Imp lement ed immediately upo n .he effective date of this agreement , except that
tha t tho se amendme nts s hall be automtically resdnded, s ha ll thcreal lct Lx,
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completely null and void, and the parties' rights and obligations with r espect
thereto shall be governed, exclusively, by the terms and provisions of the
original Deed unless , on or before Janua ry 1, 198 6 , t he O....Oer shall compl ete
construc tion of the structure, or structures, which shall contain a minimum of
One Hundred Ten Thousand (ll0,000) square feet and shall, by that date, be
available for occupancy by a department store or storP.s, not presently a
tenant in Cinderella City, it being understood that the Issuance of an
occu pa ncy certificate by the City of Englewood for the entire One Hundred Ten
Thou sand (110,000) squar e feet and tte recording of a copy thereof, shall be
conclus ive and lrrebuttable evidence of the satisfaction of this condition.
E. Exce pt to the extent that the provisions of the Deed are clari fied
or amended, as set forth above, the parties hereto confirm and rat i fy all
other provisions of the Deed.
IN WITNESS WHEREOF, the parties hereto and set their hands and s eals the
day and year first above written .
Attest:
Director of Finance ex of ficio
City Clerk-Treasurer
Attest:
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<.'.l'i'Y OF ENGLE'nOOD, COLORADO
a municipal co rporation
By ____________ _
Eugene L. Otis, Mayor
CIN DERMAA ASSOCIAT ES , a joint ven tu r e
by Its co-v nturers
THE EQUITABLE LlFE ASSURANCE
SOCIETI' OF TH E UNITED STATES
BY ------------
(CORPORATE SF.AL)
Attest:
(CORPORATE SEAL)
DENMAK ASSOCIATES, a limited
partnership
BY: l<RIIVCO , INC ,, a general partner
By ____________ _
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EXHIBIT "A"
The following described parcels situate in the SW l/4 of Section 34,
Township 4 South, Range 68 West of the 6th P,M,, Arapahoe County, State of
Colorado, more parti cularly described as follows:
PARCEL A: All that part of the North 1/2 ~ 1/4 SE l/4 SW 1/4,
Section 34, township 4 South, Range 68 West, lying West of the West line of
South Bannock Street as conveyed to the City of Englewood by Deed recorded
November 18, 192g in Book 295 at page 154.
P.'.!iCEL B: A tract of land in the SE l/4 of the SW l/4 of Section 34,
Township 4 South, Hange 68 West of the 6th P,M., described as fo llows:
BEGINNING at a point which is South 89 Degrees 40 Minutes East 486
feet and 658. 76 feet North of the SW corner of the SE l/4 of the SW l/4 of
said Section ; thence North 79 Degrees 20 Minutes West 185. 78 feet; thence
due West 311 fe et , more or less, to the West line of said SE 1/~ SW 1/~;
thence North along said West line 276. 5 feet, more or less, to the SW
corner of N l/2 ~ l/4 SE l/4 SW l/4 of said Section 34; thence East along
the P,.uth line of said N 1/2 ~ l/4 SE l/4 SW 1/4 a distance of 484. 5 feet;
thence South 336. 74 feet, more or less, to the point of beginning .
PARCEL C: N l/2 SW l/4 SW l/4; SW l/4 SW l/4 SW 1/4, except that
part desc ribed in Book 1032 at page 135 as modified by description in Book
1273 at page 425 and except right of way for Hampden Avenue; W 1/2 SE 1/4
SW 1/4 SW 1/4, lying West of South Elati Stree t, except right of way for
Hampden Avenue,
PARCEL D: Lots 1 , 2, r:, 7 and 8, Block 1, FLOOD 'S ADDIT ION 'fO
ENG LEWOOD.
SUBJECT, Ho,/EVER, to the following:
l. Lease in favor of Mountain View Golf Company , Inc ., r ecorded in
Book 11 12 at page 251 as modified by instruments recorded In Book 1112 at
page 258; Book 1117 at page 203; Book 1122 at page 6; and Book 1273 at page
428 ,
2, Lease in favor of the Colornuo Na tion~! Gua rd recorded i11 llook
9~4 at page 158,
3. Lease i n favor of Eng: ewood Li ons Club r ecorded in Book 578 at
page 451 as supplemented by instrument in Book 588 at page 289,
4. Granted an d existing rights of way and easements for ditches ,
roads , highways and publi c util i ty lines and installations insofar as any
such may affect the subject prope rty.
TCGETHER WITH all of the right, title and i nte rest, if any, of seller
in and to a ll strips and gores of land separating the parcels above
describ?d from nearby uc.l jacent lands or street s , roads , avenues and
alleys ,
EXCEPT that portion of Parcels A, B, and D herein re fer red to as the
"retained parcel ", more particularly desc ribed as follows:
BE:GINNING at the Southeast corne r of Lot 2, Flood's Additi on ; thence
We sterly along the South line of sa id Lot 2 extended , a d i stance of 233 . S
fee t to a point ; thence Northerly and paralle l with thtl We st 1 ine of South
Bannock Street 175 feet to a point; ~hence Ea sterly and parallel with tl,c
So uth line extended of said Lot 2, 233 . 5 feet to a point on the West line
of South Bannock Street, thence Southerly and ;,l ong the l/c $t l i, . .:, ,,r :;uutl.
Bannock Str eet 175 feet to the point of w yinn i 11q .
Count y 0f Ar~puhoe , S t ~1L ~ 0f CoJ0,·.,Jo .