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Home My WebLink About2015 Resolution No. 101• • • RESOLUTION NO. IO I SERIES OF 2015 A RESOLUTION FOR THE APPROVAL TO AUTHORIZE THE "CONSENT TO ASSIGNMENT" OF THE 2003 CITY DITCH LICENSE AGREEMENT FROM WILDACRES, LLC. TO 2T Acres, LLC. WHEREAS, the Englewood City Council approved a License Agreement and Temporary License Agreement with K.C. Ensor, Green Valley Turf Co., and Wildacre, LLC for crossing the City Ditch by the passage of Ordinance No. 27, Series of 2003; and WHEREAS, Wildacres, LLC has requested A "Consent to Assignment" of the C ity Ditch License Agreement to 2T Acres, LLC pursuant to Paragraph 9 of the 2003 License Agreement; and WHEREAS, the City has reviewed the assignment of the City License Agreement as to form; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommends Council approval of the City Ditch "Consent to Assignment" of the License Agreement from Wildacres, LLC for crossing the City Ditch to 2T Acres, LLC at their November 10, 2015 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "Consent to Assignment" between Wildacres, LLC, 2T Acres, LLC and the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Director of Utilities is authorized to execute the "Consent to Assignment" for and on behalf of the Englewood City Council. ADOPTED AND APPROVED this 7th day of December, 2015 . I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Co above is a true copy of Resolution No . /QL, Series of 201 . • • • • • • Consent to Assignment This Consent to Assignment is entered jnto between the City of Englewood, a municipal corporation of the State ofColoraiio ("City''), Wildacre, LLC, a Colorado limited liability company ("Wilcw::re" or "Assignor"), and 2T Acres, LLC, a Colorado· limited liability company ( .. Assignee"), this ~~y of August, 2015. . WHEREAS, the City and .Wildacre,·K.c. Ensor, Jr., individually and as trustee ofK.C. Ensor Trust. Mazy Edith Wilkins, Barbara Ensor, and Oreen Valley Turf Co (collectively"Liccnsees'') en~red into a License Agreement dated April 7, 2003, recorded with the Recorder, Arapahoe County, on April 23, 2003, .Reception No. B30860S0 ("License Agreement"), under the terms of which Licensees'were granted an exclusive license to construct arid maintain a bridge and related roadway across the City's Ditch right•of-way described therein for access by Licensees to and from South Santa Pe· Drive and to and from Licensees' respective real properties located on the west side of Santa Fe Drive; and · . WHERSAS, tho said bridge construction has been compieted. and is located within tho existing driveway as depicted on the License Agreement; and WHERBAs, Wildacre has entered into a contract to sell all of its real property and improvements known as 802S South Santa Fe Drive, Littleton, CO to 2T Acres, LLC,. and desires to assign its rights and obligations under the License A~ont to 2T Acres, LLC pursuant to Section 9 thcroof; and WHEREAS, 2T Acres, LLC has agre~ to accopt all of Wildacrc's obligations under tho License Agreement arising after date hereof by its Accepmnce contained herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, City, Wildacre, and 2T Acres, LLC agree as follows: 1. Wildacre hereby assigns all of its right, "title and interest under the License Agreement to·. 2T Acres, LLC. . 2. City hereby consents to the assignment of all of the rights granted t0. Wild&CR under the License Agreement to 2T Acres, LLC. · 311 2T Acres, LLC, by its Acceptance, hereby accepts the rights and obligations of Wtldacre under the License Agreement an_d agrees to be bound by the terms thereof. 4. · City hereby releases Wildacn: from all responsibility under the provisions of the License Agreement and acknowledges. that Wildacre.hu performed all obligations on its part to be performed under the License Agreement through date hereof. S. Each of tho parties hereto represents that it is not aware of any default under the License Agreement by any other party . I! X H I B I T A IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. · APPROVED: ACCEPTED BY ASSIGNEE: 2T ACRES, LLC .,· B >4! J,, ·ager Address: 802S S Santa Fe Drive Littleton CO 80120 STATE OF COLORADO ) coUN1Y or~¾.\ ~ ss. CITY: CITY OF ENGLEWOOD. COLORADO By:~....,,,...----- Tom Brennan Olredcr of Utilities ASSIGNOR.; Wll.DACRE, LLC, a Colorado limited lia~~pannc · . BC/~ , ..... ~-~ _,,,,.,,..,_,1..__.. •~er · The foregoing instrument ·was acknowledged before me this ~y of August, 2015. by Terry D. sv.:anson. DVM, as Manager of Wildacre, LLC. a Colorado limited liability company. Witness my band and o~cial seal. My commission expires: ---~~.=..:::..l..::!1c:::--- J STATE OF COLORADO ) COUNTY OF.~~&! ~ Ss. ....,Nila. .. o1c...- u,0uwr: I .~IIIW21.JD11 The foregoing instrument was acknowledged before me this ~ay of August, 201 S, bf Kelly B. Tisher, as Manager of 2T Acres, ILC, a Colorado limited liability company. Witness my hand and official seal. .I::-} I My commission expires: v853o\°{ I I • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: December 7, 2015 11cv City Ditch Assignment of License Agreement from Wildacres LLC (8025 S . Santa Fe Dr.) to 2T Acres LLC Initiated By: Staff Source: Utilities Department Tom Brennan, Director of Utilities PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Utilities Staff recommends Council approval, by Resolution, of the Assignment of License Agreement from Wildacres, LLC for crossing the City Ditch to 2 T Acres LLC. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement with K.C . Ensor, Green Valley Turf Co., and Wildacres LLC was approved by Council on April 7, 2003 for crossing the City Ditch along S. Santa Fe Dr. with a 2" water line and an electrical service line . Wildacres, LLC has requested to assign the License Agreement to 2T Acres, LLC pursuant to Paragraph 9 of the April 7, 2003 License Agreement The License Agreement allows the 2" water and electrical line to cross 12" beneath Englewood's 48" City Ditch pipe from S. Santa Fe Drive to the adjacent property located at 8025 S. Santa Fe Dr. The City has reviewed the Consent to Assignment of the License Agreement. The Englewood Water & Sewer Board, at their November 10, 2015 meeting, recommended approval of the Assignment of License Agreement from Wildacres to 2 T Acres. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Resolution Assignment of City Ditch License Agreement Minutes of the Nov . 10, 2015 Water & Sewer Board Meeting & Phone Vote of Nov. 17, • 2015 • • • TO: FROM: DATE: Lou Ellis, City Clerk Nancy Fritz December 8, 2015 REGARDING: Resolution # -passed on December 7th Agenda -Consent to Assignment -City Ditch License Agreement From Wildacres, LLC to 2T Acres, LLC. Lou, The original Consent to Assignment requires Tom Brennan's signature, and will need to be recor~-e~ with Arapahoe County. ~ ( ~; B~ has the original Consent to Assignment and will have Tom Sign it and give it t£µJ> "--me.for-recording with the Completed Resolution. / 'fiJf ~~ Upon processing the signed Resolution please give a completed copy to Cathy Burrage~ w~ J-1 q / 7~ will have Tom sign the original Consent to Assignment and give both to me for recording with · Arapahoe County. Once I receive the Recorded Resolution and Consent to Assignment back from the County with the recording information on it -I will give you the original for the City's records and I will give Cathy Burrage 2 copies of the recorded Resolution: [1 for Utilities Department records, and 1 for her to send to Wildacres LLC and 2T Acres , LLC for their records. I will also maintain a copy for the City Attorney file . CC : Cathy Burrage