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HomeMy WebLinkAbout2024 Resolution No. 0131 RESOLUTION NO. 13 SERIES OF 2024 A RESOLUTION SUPPORTING THE RECOGNITION AGREEMENT BETWEEN THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION (EMRF), UNIVERSITY OF COLORADO HEALTH, AND HIGHLANDS RANCH MP RK6. WHEREAS, Ordinance 41, Series of 1999 established the creation of the Englewood McLellan Reservoir Foundation (“EMRF”) to oversee the development of property, to enhance and diversify the City’s long-term revenues, and to protect the water supply in and around McLellan Reservoir; and WHEREAS, EMRF has entered into long- term leases on various parcels of property in and around the McLellan Reservoir with Council support; and WHEREAS, EMRF and University of Colorado Health (“UCH”), as successor- in-interest to Central Park at Highlands Ranch, LLC, entered into a Ground Lease dated April 5, 2016, as amended by the First Amendment to Ground Lease dated April 21, 2016, the Second Amendment to Ground Lease dated May 25, 2016, and the Third Amendment to Ground Lease dated November 15, 2016, for 33.283 acres which is legally described as Lot 2A, Highlands Ranch Filing No. 156, 1st Amendment, County of Douglas, State of Colorado in and around the McLellan Reservoir; and WHEREAS, UCH desires to sublease a portion of the property to Highlands Ranch MP RK6 (“HRMP”), as permitted under the Ground Lease, and WHEREAS, as authorized by the Ground lease, HRMP requests ERMF execute and deliver an agreement acknowledging the Sublease, the Recognition Agreement; and WHEREAS, the EMRF Board of Directors seeks a Resolution of Support from the Englewood City Council for the Recognition Agreement acknowledging a Ground Sublease between UCH to HRMP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby supports the Recognition Agreement between the Englewood/McLellan Reservoir Foundation, University of Colorado Health, and Highlands Ranch MP RK6 in substantially the same form as the “Recognition Agreement” attached as Exhibit A. DocuSign Envelope ID: 89D554A4-F6C2-49A2-93E5-B16782FD97FA 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 18th day of March, 2024. 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. 17, Series of 2024. Stephanie Carlile DocuSign Envelope ID: 89D554A4-F6C2-49A2-93E5-B16782FD97FA