HomeMy WebLinkAbout2023 Resolution No. 0191
RESOLUTION NO. 19
SERIES OF 2023
A RESOLUTION AUTHORIZING THE EXECUTION OF A
SETTLEMENT AGREEMENT WITH ENGLEWOOD DEPOT,
INC. AND OTHER LITIGATION DEFENDANTS REGARDING
CONSTRUCTION, OPERATION OF DEPOT MUSEUM.
WHEREAS, after a 2013 request for proposal process, Thomas and Patti Parson
(the “Parsons”) entered into a contract to purchase the historic Englewood Depot at 675
W. Dartmouth, Englewood, from the City of Englewood on August 19, 2013, (the
“Contract”); and
WHEREAS, under the Contract, the Parsons paid the City $30,000 and the City
transferred title of the Property to the Parsons on May 24, 2014, which was subsequently
transferred to Englewood Depot, Inc., on December 22, 2017; and
WHEREAS, the City filed a lawsuit now pending in the Arapahoe County
District Court as Case No. 2022CV031853 against the Parsons and Englewood Depot,
Inc. on September 30, 2022, alleging (among other things) breach of contract, unjust
enrichment, and fraudulent inducement related to the proposal submitted by the Parsons
for the purchase, rehabilitation, and operation of a museum on the Property; and
WHEREAS, the City lawsuit requested the Court: (1) enter a declaratory judgment
finding the Defendants failed to comply with their response to request for proposal to
rehabilitate the property; and (2) either order Defendants to renovate the property within
a reasonable time or transfer the property back to the City or order Defendants to
compensate the City for the difference between the amount paid for the property and the
fair market value of the property; and
WHEREAS, the Parties wish to settle any and all matters and dismiss the
Litigation by entering into a contract providing a reasonable time for Defendants to
renovate the property, require the property to be utilized as a museum, clarify the City’s
first right of refusal to reacquire the property, require exterior landscaping and
maintenance, and other matters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Englewood City Council hereby authorizes the execution of a
Settlement Agreement and Release with Thomas Parson, Patti Parson, and Englewood
Depot, Inc. to resolve the disputes between the parties, as alleged in Arapahoe County
District Court Case No. 2022CV031853. The Settlement Agreement and Release shall be
In substantially the same form as that attached hereto.
DocuSign Envelope ID: 86CB42ED-1EDF-450F-A643-6FC24F81FFB0
2
Section 2. The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City
staff are hereby granted the authority to take all actions necessary to implement the
provisions of Section 1 above.
ADOPTED AND APPROVED this 17th day of July, 2023.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby
certify that the above is a true copy of Resolution No. 19, Series of 2023.
Stephanie Carlile
DocuSign Envelope ID: 86CB42ED-1EDF-450F-A643-6FC24F81FFB0