HomeMy WebLinkAbout2001-12-11 WSB AGENDAWATER & SEWER BOARD
AGENDA
DECEMBER 11, 2001
l. MINUTES OF THE NOVEMBER 13, 2001 MEETING. (ATT. 1)
2. CITY DITCH I LITTLE DRY CREEK SIPHON REPAIR. (ATT. 2)
* * * PLEASE CALL CATHY BURRAGE
AT 303-762-2636
FOR A PHONE VOTE
AFTER YOU HA VE REVIEWED. * * *
NOTICE!!!!!
TO WATER & SEWER BOARD MEMBERS
The Englewood Water and Sewer Board are invited to the following events:
Englewood Water and Sewer Board Christmas Dinner
Tuesday, December 11, 2001at5:00 p.m.
County Line Barbeque
8351 S. Park Lane (west of Broadway on County Line Rd.)
Reception for Outgoing Mayor Tom Burns
Thursday, December 13, 2001 at 4:30 to 7:30 p.m.
Alexan Center (development east of City Hall)
801 Englewood Parkway-Center Lobby
PLEASE RSVP WITH CATHY BURRAGE
303-762-2636
WATER AND SEWER BOARD
MINUTES
November 13, 2001
ATT. /
The meeting was called to order at 5:00 p.m.
Members present:
Members absent:
Wolosyn, Clark, Higday, Cassidy , Otis ,
Kasson, Habenicht
Bums, Bradshaw
1. MINUTES OF THE OCTOBER 9, 2001 MEETING.
The Englewood Water and Sewer Board Minutes from the October 9, 2001 meeting were
approved as written.
Mr. Cassidy moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion caITied .
Mr. Habenicht at 5:07.
To approve the October 9, 2001 Englewood
Water and Sewer Board Minutes as written .
Wolosyn, Clark, Higday , Cassidy, Otis ,
Kasson,
None
Bums , Bradshaw, Habenicht
2. MUNICIPAL CODE CHANGES.
The Utilities Department submitted proposed revisions to the municipal code regulating
construction and placement of sewer lift stations to minimize odors and the risk of SSO's.
The changes would require lift stations to be built either inside the structure they serve or
outside with odor and SSO controlling features .
Other proposed municipal code changes relating to water and sewer facilities include
standardizing service pipe specifications, depth placement of service pipe, materials
purchased from the City and curb stops. Minor revisions are also being recommended
regarding connections and repairs of private sewers and new construction over existing
sewer service lines. The proposed revisions would provide a more consistent set of
standards for future water and sewer construction.
Mr. Otis moved:
Ms. Higday:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend to Council approval of the
proposed Englewood Municipal Code
changes to the Utilities Section 12 .
Wolosyn, Clark , Higday, Cassidy , Otis ,
Kasson, Habenicht
Burns, Bradshaw
None
3. LICENSE AGREEMENT -5200 S. PRESCOTT ST.
The Water Board received a license agreement submitted by the City of Littleton for an
18" piped storm sewer crossing at the 5200 block of South Prescott St. at Littleton 's
servicenter site. Littleton is installing curb, gutter and a catch basin along Prescott Street.
The 18" catch basin pipe will go under Englewood's City Ditch and into their existing
storm system. Englewood's City Attorney has reviewed the license agreement.
Mr. Otis moved ;
Mr. Cassidy seconded: To recommend Council approval of the
license agreement from the City of Littleton
for crossing the City Ditch at 5200 S .
Prescott St.
Ayes:
Nays:
Members absent:
Motion carried.
Wolosyn, Clark, Higday, Cassidy, Otis,
Kasson, Habenicht
Bums, Bradshaw
None
4 . CHERRYMOOR & CHERRYVALE SANITATION DISTRICT.
The Board received a request dated November 7 , 2001 from Carmine Iadarola of Aquasan
Network, Inc., who is the authorized agent for Cherryvale and Cherrymoor Sanitation
Districts. Mr. Iadarola submitted his formal request for inclusion of the Cherryvale and
Cherrymoor Sanitation Districts into the Englewood service area. The City of Cherry
Hills Village is in the process of consolidating their water and sanitation districts.
Mr. Kasson moved;
Mr. Wolosyn seconded:
Ayes :
Nays:
Members absent:
Motion carried.
The meeting adjourned at 5:20 p .m.
To recommend approval of the acceptance
of the Cherrymoor and Cherryvale
Sanitation Districts into the Englewood
sewer service area.
Wolosyn, Clark, Higday , Cassidy, Otis,
Kasson, Habenicht
Bums, Bradshaw
None
The next meeting will be held September l l, 2001at5:00 p.m. in the Public Works
Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
PUBLIC MEETING
NOVEMBER 13 , 2001
FUTURE OF CITY DITCH FLOWS
NORTH OF HAMPDEN
Mr. Fonda conducted a public meeting November 13 , 200 1 at 5: 15 p.m. in the City of
Englewood City Council Chambers to discuss how future City Ditch flows would effect
properties north of Hampden. The T-Rex project has purchased the City Ditch pipe under
the Valley Highway and Denver Water will therefore not be taking City Ditch water in
the future. Denver Water will divert its City Ditch water at Chatfield reservoir. This
results in no flow of water in City Ditch north of Hampden A venue.
Approximately 140 people were pre sent to discuss how they will be impacted by the
discontinued ditch flows.
Points made were as follows:
The possibility of using flows from Little Dry Creek with a pump station to continue
flows in the Ciiy Ditch, but it would be a legal issue decided by the Colorado Water
Commissioners.
Denver Water will be paying a to-be-determined amount for decommissioning the City
Ditch in that area . Use of these funds is to be decided at a later date when an amount has
been determined.
There is one user left on the section of the City Ditch and arrangements would have to be
made to supply him.
Stewart Fonda noted that a pump station on Little Dry Creek would cost between
$200,000 and $250,000.
A majority of the citizens present voiced the opinion that the open City Ditch that runs
through their area is an important and aesthetic amenity that improves their property
values .
Several attendees noted that the City Ditch is an historical feature that should be
preserved.
Bill McCormick responded to flow qµestions noting that an average of 15 cfs runs
through the ditch during the summer.
Lynette Saunders spoke about the City Ditch leaking. She stated that she has been trying
to get Englewood to pipe that section for 12 years without success. Upon inquiry, Bill
McCormick later spoke regarding this issue noting that Englewood has been willing to
pipe that section, but there is an on-going property line dispute between Ms. Saunders and
the adjoining landowner.
A local realtor spoke regarding the positive impact the ditch has on real estate values.
Attendees expressed concern about the trees that exist along the ditch and how they
would be impacted without the ditch water. Bill McCormick noted that some of the trees
are at the end of their life cycle but the healthy trees may be able to survive with lawn
watering. He noted that there would be some trees that would be negatively impacted and
would have to be removed.
It was noted that Englewood's water right for City Ditch water used at the Allen Plant is 3
cfs and Cherry Hills' is 2 cfs.
The question was raised if Denver would sell water rights on this section to Englewood.
Bill Bates stated that it is a very valuable and senior right and does not foresee Denver
selling any water.
A gentleman appeared with a title abstract that mentions 1" of water belonging to his
property . Mr. Bates noted that most historical rights along the ditch have either been sold
or cancelled for non-payment over the years .
It was noted that the City Ditch easement will probably have to continue to be used for
storm water conveyance. It is possible that the entire 25' easement would not be
necessary.
A young lady spoke on behalf of local children wishing to support keeping the ditch
running for residing wildlife.
Attendees questioned if any public disclosure was done prior to the T-Rex exchange
decision and if an environmental impact study was completed. Bill Bates was not aware
of any public notification by Denver prior to Denver Water accepting the proposal by T-
Rex. He also noted that an environmental impact study was not required .
A citizen inquired about Englewood hiring a water attorney to investigate the legality of
Denver's position. Stu noted that it would be investigated. Bill Bates commented that
the decision to terminate that portion of the City Ditch was being considered for some
time and that the T-Rex Project just expedited the decision.
It was noted that the City Ditch is under City jurisdiction, not State.
Mr. Fonda noted that the City's portion of the ditch is being used by the Allen Filter Plant
for producing treated drinking water. A citizen recommended investigating if untreated
water could be used in Englewood's parks and run through their portion of the City Ditch.
Denver considered irrigating Harvard Gulch Park with City Ditch water but decided
against it.
The attendees inquired about the best way to approach the Denver Water Board with their
concerns. Bill Bates recommended directing comments through Englewood. He
suggested that Englewood arrange a small group to appear before the Denver Water
Board.
An inquiry was made as to what will happen to the City Ditch water. Mr. Bates explained
Denver's water-recycling project and how return flows are used. This water will be
diverted in Denver's water treatment plant.
It was noted that once the flows are discontinued in the ditch that storm water flows will
have to be immediately addressed.
Citizens attending requested that they be notified of any future developments and the
media could be an effective tool.
The one owner remaining on the City Ditch was present and stated that he had not been
contacted about a buy-out or exchange. He prefers to have the ditch remain as-is.
The meeting adjourned at 6:50 p.m.
PHONE VOTE
November 26, 2001
The Water Board was called on November 26, 2001 to obtain a vote for repairing the
McLellan Spillway . During the yearly inspection of McLellan Reservoir by the State
Engineer, it was reported that the McLellan Spillway was in need of repairs in the
immediate future. Repairs are necessary to the concrete walls and floor of the McLellan
spillway. The spillway must be kept in good repair in case of a large precipitation event
and to maintain structural integrity. The spillway releases water at a certain elevation
from the reservoir, protecting the dam from damage by maintaining a certain safe water
storage level.
Bids were received from eight contractors. The lowest acceptable bid was received from
Colorado Total Maintenance in the amount of $119 ,8 75.00. Wheeler and Associates has
reviewed the bid and deemed that all specifications were met with no exceptions.
Mr. Clarks moved:
Ms. Bradshaw seconded:
Ayes:
Nays:
Not contacted for vote:
Members absent:
Motion carried.
To recommend Council approval of the
lowest acceptable bid from Colorado Total
Maintenance in the amount of $119,875 for
repairing the McLellan Reservoir Spillway .
Wolosyn, Clark, Cassidy , Otis, Habenicht,
Bradshaw
None.
Cassidy, Higday
None
MEETING WITH .HOMEOWNERS REGARDING
CONCERNS OF CITY DITCH
AND POSSIBLE IDSTORICAL DECLARATION
On November 29, 2001 approximately 18 Englewood citizens met concerning the City
Ditch's future. This group was investigating the option of the City Ditch possibly being
designated as a Historical Landmark.
Carolyn Derrington-Tate seems to be the coordinator of the group. Patricia Holcomb ,
from the Colorado Preservation Group, was also asked to attend. She informed the
attendees of items that should be investigated to determine if the City Ditch could be
designated a historical site.
Her recommendation were as follows:
1. Conduct a fact-finding investigation with CDOT , Parks Department of Denver,
Denver Water Board, EPA and the Historical Society.
2 . Find out who makes the dec ision regarding the City Ditch and how quickly it is
going to happen.
3. What environmental affects will occur if the City ditch is not used?
4. What is actually going to happen? Will there still be flows to Harvard Gulch by
alternate sources?
5. Is the water in the ditch part of historical preservation?
6. Is the ditch part of historic Denver?
7. The group should investigate the possibility of this being a National Trust.
8. Did CDOT miss the ditch in their T-Rex design and decided to buy out Denver
because of this oversight?
She recommended that the group do a media blitz and contact certain organizations and
people for assistance. These include newspapers and community papers, Denver political
groups including Mayor Webb, historical groups and attorneys and experts in historical
designation.
The group asked Englewood representatives (Mike Flaherty, Olga Wolosyn and Bill
McCormick) what the City 's stance on the City Ditch is . Without being committal, the
storm water issues, loss of revenue and willingness to investigate other options in order to
have water continue in the ditch were discussed .
The Englewood representatives requested that the group allow Englewood to negotiate
with Denver to see if other alternatives are possible to keep water in the City Ditch to
Harvard Gulch . We explained that there is a meeting with the attorneys on December 6
and more information may be forthcoming after that meeting. The group was asked to
delay their actions until options are discussed. The group agreed to wait until they were
notified of the results of the meeting.
The group asked the question if the ditch water is part of historical designation.
Englewood responded that we believe its Denver's water and cannot be designated as
historical. We indicated that this is a question that the attorney's can answer at the
December 6th meeting.
Carolyn-Derrington Tate's phone number is 303-781-8472 and her e-mail address is
cderringtontate @earthlink .net.
ATT. 2
COUNCIL COMMUNICATION
Date Agenda Item Subject
December 17 , 2001 City Ditch Repair to the Little
Dry Creek Siphon
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended Council approval of the City Ditch
repair to the Little Dry Creek siphon by phone vote on December 6 , 2001.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City Ditch siphon in the 3700 block of South Clarkson Street must be repaired beca use
erosion is causing settling beneath the pipe. The proposed spillway would allow Little Dry
Creek water to flow over this piped area of the City Ditch and protect the pipe that goes
beneath Little Dry Creek.
Urban Drainage and Flood Control District will be contributing 50 % of engineering and
construction costs for this project because Englewood's siphon structure is within their flood
plane jurisdiction. To maintain flows in that floodplain a proper protection structure must be
constructed in this 100' section.
Englewood's City Attorney has reviewed the agreement.
FINANCIAL IMPACT
Urban Drainage and Flood Control District will be paying 50% of the engineering and
construction costs. This agreement is for the engineering portion only. Englewood's share is
estimated to be approximately $10,000 . This is a budgeted item in the Water Source an d
Supply 09-01 budget. A construction agreement and bid will be forthcoming in January and is
estimated to be approximately $100,000.
LIST OF ATTACHMENTS
Intergovernmental Agreement with Urban Drainage and Flood Control
AGREEMENT REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS
FOR LITTLE DRY CREEK AT ENGLEWOOD DITCH
Agreement No. 01-11.10
THIS AGREEMENT, made this day of , 20 _, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD") and CITY OF CHERRY HILLS
VILLAGE (here inafter called "CHERRY HILLS") and collectively known as "PARTIES";
WITNESS ETH:
WHEREAS , DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of
1970 and Resolution No. 11 , Series of 1973) expressed an intent to assist public bodies which have
heretofore enacted floodplain regulation measures ; and
WHEREAS , PARTIES , Douglas County, and City of Greenwood Village participated in a joint
planning study titled "Major Drainageway Planning, Little Dry Creek by McCall-Ellingson & Morrill,
Inc., dated February, 1974 (here inafter called "PL AN "); and
WHEREAS, PARTIES now desire to proceed with design and construction of drainage and flood
control improvements for Little Dry Creek at Englewood Ditch (hereinafter called "PROJECT"); and
WHEREAS , DISTRICT has adopted at a public hearing a Five-Year Capital Improvement
Program (Resolution No. 77 , Series of 2000) for drainage and flood control facilities in which design of
PROJECT was included in the 2002 calendar year; and
WHEREAS , DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year
2002 subsequent to public hearing (Resolution No. 78, Series of 2001 ) which includes funds for design
of PROJECT ; and
WHEREAS , DISTRICT's Board of Directors has authorized DISTRICT financial participation fo r
design of PROJECT (Resolution No. _, Series of 2001 ); and
WHEREAS, the City Council of ENGLEWOOD , the City Council of CHERRY HILLS and the
Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs
of the respective PARTIES .
NOW, THEREFORE , in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
\des\agreemnt\O 11110 1
2. SCOPE OF PROJECT
Final Design. PROJECT shall include the final design of improvements in accordance with the
recommendations defined in PLAN. Specifically, the final design of facilities shall extend from
approximately Station 96+00 to 99+00, as shown on Exhibit A.
3. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit
to the inhabitants of DISTRJCT and the property therein.
4. PROJECT COSTS AND ALLOCATION OF COSTS
5.
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and
be limited to the following:
1. Final design services;
2. Contingencies mutually agreeable to PARTIES .
B. It is understood that PROJECT costs as defined above are not to exceed $20,000_ without
amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AMOUNT
1. Final Design $16,000
2 . Contingency 4 ,000
Grand Total $20,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the total
expenditures do not exceed the maximum contribution by all PARTIES plus accrued
interest.
C. Based on total PROJECT costs , the maximum percent and dollar contribution by each party
shall be:
Percentage Maximum
Share Contribution
DISTRJCT 50% $10,000
ENGLEWOOD 50% 10,000
CHERRY HILLS 0% -0-
TOTAL 100% $20,000
MANAGEMENT OF FINANCES
As set forth in DISTRJCT policy (Resolution No. 11, Series of 1973 and Resolution No. 49, Series
of 1977), the cost sharing shall be after subtracting state, federal, or other sources of funding from
third parties . However, monies ENGLEWOOD may receive from federal funds, the Federal
Revenue Sharing Program, the Federal Community Development Program, or such similar
\des\agrccmnt\011110 2
discretionary programs as approved by DISTRJCT's Board of Directors may be considered as and
applied toward ENGLEWOOD's share of improvement costs.
Payment of each party's full share (ENGLEWOOD -$10,000; DISTRJCT-$10,000; CHERRY
HILLS -$-0-) shall be made to DISTRJCT subsequent to execution of this Agreement and within
30 days of request for payment by DISTRJCT. The payments by PARTIES shall be held by
DISTRJCT in a special fund to pay for increments of PROJECT as authorized by PARTIES, an d
as defined herein. DISTRJCT shall provide a periodic accounting of PROJECT funds as well as a
periodic notification to ENGLEWOOD of any unpaid obligations. Any interest earned by the
monies contributed by PARTIES shall be accrued to the special fund established by DISTRJCT fo r
PROJECT and such interest shall be used only for PROJECT upon approval by the contracting
officers (Paragraph 12).
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or disbursed, each party shall receive a share of
such monies, which shares shall be computed as were the original shares.
6. FINAL DESIGN
The contracting officers for PARTIES, as defined under Paragraph 12 of this Agreement, shall
select an engineer mutually agreeable to both PARTIES . DISTRJCT shall contract with selected
engineer and shall supervise and coordinate the final design including right-of-way delineation
subject to approval of the contracting officer for ENGLEWOOD and CHERRY HILLS. Payment
for final design shall be made by DISTRJCT as the work progresses from the PROJECT fund
established as set forth above.
Final design services shall cons ist of, but not be limited to, the following:
A. Preparation of a work plan schedule identifying the timing of major elements in the design;
B. Preparation of detailed construction drawings and specifications;
C. Preparation of an estimate of probable construction costs of the work covered by the plans
and specifications;
D. Preparation of an appropriate construction schedule.
DISTRJCT shall provide any written work product by the engineer to ENGLEWOOD and
CHERRY HILLS.
7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE
ENGLEWOOD and/or CHERRY HILLS shall own the property either in fee or non-revocable
easement and shall be responsible for same . It is specifically understood that the right-of-way is
being used for drainage and flood control purposes. The properties upon which PROJECT is
constructed shall not be used for any purpose that shall diminish or preclude its use for drainage
and flood control purposes. ENGLEWOOD or CHERRY HILLS may not dispose of or change the
use of the properties without approval of DISTRJCT . If, in the future, ENGLEWOOD or
CHERRY HILLS disposes of any portion of or all of the properties acquired upon which
PROJECT is constructed pursuant to this Agreement; changes the use of any portion or all of the
\des\agreemnt\O 11110 3
properties 1:1pon which PROJECT is constructed pursuant to this Agreement; or modifies any o f the
improvements located on any portion of the properties upon which PROJECT is constructed
pursuant to this Agreement; and ENGLEWOOD or CHERRY HILLS has not obtained the written
approval of DISTRICT prior to such action, ENGLEWOOD or CHERRY HILLS shall take any
and all action necessary to reverse said unauthorized activity and return the properties and
improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and
condition they were in immediately prior to the unauthorized activity at ENGLEWOOD or
CHERRY HILLS's sole expense. In the event ENGLEWOOD or CHERRY HILLS breaches the
terms and provisions of this Paragraph 7 and does not voluntarily cure as set forth above,
DISTRICT shall have the right to pursue a claim against ENGLEWOOD or CHERRY HILLS for
specific performance of this portion of the Agreement.
PARTIES shall, prior to the recording by ENGLEWOOD or CHERRY HILLS of any document
transferring title or another interest to property acquired pursuant to this Agreement to
ENGLEWOOD or CHERRY HILLS, execute a memorandum of this Agreement (Exhibit B),
specifically a verbatim transcript of Paragraph 7. OWNERSHIP OF PROPERTY At'ID
LIMITATION OF USE except for this sub-paragraph which shall not be contained in the
memorandum. The memorandum shall reference by legal description the property being acquired
by ENGLEWOOD or CHERRY HILLS and shall be recorded in the records of the Clerk and
Recorder of Arapahoe County immediately following the recording of the document transferring
title or another interest to ENGLEWOOD or CHERRY HILLS.
8. MAINTENANCE
PARTIES agree that ENGLEWOOD or CHERRY HILLS shall own and be responsible for
maintenance of the completed and accepted PROJECT . PARTIES further agree that DISTRICT,
at ENGLEWOOD or CHERRY HILLS's request, shall assist ENGLEWOOD or CHERRY HILLS
with the maintenance of all facilities constructed or modified by virtue of this Agreement to the
extent possible depending on availability of DISTRICT funds. Such maintenance assistance sha ll
be limited to drainage and flood control features of PROJECT. Maintenance assistance may
include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free
of debris and sediment, repairing drainage and flood control structures such as drop structures and
energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the
maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to
ENGLEWOOD or CHERRY HILLS, upon acceptance ofDISTRICT's annual Maintenance Work
Program.
DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times
for observation of flood control facility conditions and for maintenance when funds are available .
\des\agreemnt\O 11110 4
9 . FLOODPLAIN REGULATION
COUNTY agrees to regulate and control the floodplain of Little Dry Creek within ENGLEWOOD
or CHERRY HILLS in the manner prescribed by the National Flood Insurance Program and
prescribed regulations thereto as a minimum.
PARTIES understand and agree, however, that ENGLEWOOD or CHERRY HILLS cannot
obligate itself by contract to exercise its police powers. If ENGLEWOOD or CHERRY HILLS
fails to regulate the floodplain of Little Dry Creek within ENGLEWOOD or CHERRY HILLS in
the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto
as a minimum, DISTRICT may exerc ise its power to do so and ENGLEWOOD or CHERRY
HILLS shall cooperate fully .
10. TERM OF AGREEMENT
The term of this Agreement shall commence upon final execution by all PARTIES and shall
terminate two years after the final payment is made to the construction contractor and the final
accounting of funds on deposit at DISTRICT is provided to all PAR TIES pursuant to Paragraph 5
herein , except for Paragraph 9. FLOODPLAIN REGULATION, Paragraph 7 . OWNERSIDP OF
PROPERTY AND LIMITATION OF USE , and Paragraph 8. MAINTENAl'-rCE, which shall run in
perpetuity.
11 . LIABILITY
Each party hereto shall be responsible for any suits, demands , costs or actions at law resulting
from its own acts or omissions and may insure against such possibilities as appropriate.
12. CONTRACTING OFFICERS AND NOTICES
A. The contracting officer for ENGLEWOOD shall be
B . The contracting officer for CHERRY HILLS shall be
C. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
A venue, Suite l 56B, Denver, Colorado 80211.
D. Any notices, demands or other communications required or permitted to be given by any
provision of this Agreement shall be given in writing, delivered personally or sent by
registered mail, postage prepaid and return receipt requested, addressed to PARTIES at th e
addresses set forth above or at such other address as either party may hereafter or from time
to time designate by written notice to the other party given when personally delivered or
mailed, and shall be considered received in the earlier of either the day on which such notice
is actually received by the party to whom it is addressed or the third day after such notice is
mailed.
E. The contracting officers for PARTIES each agree to designate and assign a project
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all
\des\agreemnt \O 11110 5
PRQJECT-related issues between PARTIES, shall attend all progress meetings, and shall be
responsible for providing all available PROJECT-related file information to the engineer
upon request by ENGLEWOOD or CHERRY HILLS . Said representatives shall have the
authority for all approvals, authorizations, notices or concurrences required under this
Agreement or any amendments or addenda to this Agreement.
13 . AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be
valid and binding .
14. SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, such invalid or
unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all
other clauses or provisions shall be given full force and effect.
15 . APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in
District Court in and for the County of Denver, State of Colorado .
16 . ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement.
17 . BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and
to their respective successors and permitted assigns .
18. ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performance or damages , or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado .
19. TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but
only if there are no contingent, outstanding contracts. If there are contingent, outstanding
contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and
only upon the cancellation of all contingent, outstanding contracts. All costs associated with the
cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as
were their contributions and subject to the maximum amount of each party's contribution as set
forth herein.
\des\agreemnt\O 11110 6
20. PUBLIC RELATIONS
It shall be at ENGLEWOOD or CHERRY fllLLS's sole discretion to initiate and to carry out any
public relations program to inform the residents in PROJECT area as to the purpose of PROJECT
and what impact it may have on them. Technical and final design recommendations shall be
presented to the public by the selected design engineer. In any event DISTRICT shall have no
responsibility for a public relations program, but shall assist ENGLEWOOD or CHERRY fllLLS
as needed and appropriate.
21 . NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, PARTIES agree not to refuse
to hire, discharge , promote or demote , or to discriminate in matters of compensation against any
person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender,
age, military status, sexual orientation, marital status , or physical or mental disability and further
agree to insert the foregoing provision in all subcontracts hereunder.
22. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
ENGLEWOOD, CHERRY fllLLS and/or DISTRICT stated in this Agreement is subject to the
requirement of a prior appropriation of funds therefore by the appropriate governing body of
ENGLEWOOD , CHERRY fllLLS and/or DISTRICT.
23. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES
that any person or party other than any one of PARTIES receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
WHEREFORE , PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written .
(SEAL)
ATTEST:
\des\agreemnt\O 11110 7
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
Title Executive Director
(SEAL)
ATTEST:
APPROVED AS TO FORM :
City Attorney
(SEAL)
ATTEST:
APPROVED AS TO FORM :
City Attorney
\des\agrecmnt\O 11110
CITY OF ENGLEWOOD
By ____________ _
Title ___________ _
Date ___________ _
CITY OF CHERRY HILLS VILLAGE
By ____________ _
Title ___________ _
Date ___________ _
8
AGREEMENT REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS
FOR LITTLE DRY CREEK AT ENGLEWOOD DITCH
Agreement No. 01-11.10
Exhibit A
AGREEMENT REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS
FOR LITTLE DRY CREEK AT ENGLEWOOD DITCH
(UDFCD Agreement No. 01-11 .10)
Exhibit B
MEMORANDUM
This MEMORANDUM is entered into this day of , 20 _by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi-governmental entity,
whose address is 2480 West 26th Avenue , Suite 156-B , Denver, Colorado 80211 (hereinafter called
"DISTRICT") and-------------' a governmental entity, whose address is
(here inafter called "CITY") and collectively known as --------------
"PARTIES";
WHEREAS , PARTIES entered into "Agreement Regarding F inal Design , Right-of-Way
Acquisition and Construction of Drainage and Flood Control Impro vements for
______________ ," UDFCD Agreement No. ________ on or about
_____ , 20_, (hereinafter call ed "AGREEMENT"); and
WHEREAS , AGREEMENT is unrecorded, however PARTIES ha ve agreed in AGREEMENT to
record this MEMORANDUM in the records of the Clerk and Recorder of ----------
St ate of Colorado, in order to put all who inquire on notice of AGREEMENT and in particular Paragraph
7.C of AGREEMENT ; and
WHEREAS , in AGREEMENT, PARTIES agreed to participate equally (up to a maximum of
$ ______ each) in the cost o f the construction of drainage and flood control improvements for
within CITY boundaries which include
--------------~
_____________________________ (hereinafter called
"PROJECT"); and
WHEREAS , construction of PROJECT may require the acquisition by CITY of real property; and
WHEREAS , AGREEMENT further provides that CITY will own all real property required to
construct the improvements and that CITY ownership of that real property shall be subject to the terms
and conditions of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and
WHEREAS, Paragraph 7.C of AGREEMENT provides in appropriate part as follows :
"7.C. Ownership of Property and Limitation of Use . CITY shall own the property either in fee or
non-revocable easement and shall be responsible for same. It is specifically understood that
the right-of-way is being used for drainage and flood control purposes . The properties upon
which PROJECT is constructed shall not be used for any purpose that will diminish or
preclude its use for drainage and flood control purposes. CITY may not dispose of or
change the use of the properties without approval of DISTRICT. If, in the future, CITY
disposes of any portion of or all of the properties acquired upon which PROJECT is
constructed pursuant to this Agreement, changes the use of any portion or all of the
properties upon which PROJECT is constructed pursuant to this Agreement, or modifies any
of the improvements located on any portion of the properties upon which PROJECT is
constructed pursuant to this Agreement, and CITY has not obtained the written approval of
DISTRICT, prior to such action, CITY shall take any and all action necessary to reverse said
unauthorized activity and return the properties and improvements thereon, acquired and
constructed pursuant to this Agreement, to the ownership and condition they were in
immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY
breaches the terms and provisions of this Paragraph 7.C and does not voluntarily cure as set
forth above, DISTRICT shall have the right to pursue a claim against CITY for specific
performance of this port ion of the Agreement."; and
WHEREAS , CITY has just acquired the real property described in Exhibit Z attached hereto and
incorporated herein by reference , as if set forth verbatim herein , pursuant to the terms and conditions of
AGREEMENT for the construction o f PROJECT; and
WHEREAS , PARTIES intend that the terms and pro visions of AGREEMENT, including but not
limited to Paragraph 7.C of AGREEMENT set forth verbatim above, shall apply to and control the real
property described in Exhibit Z.
NOW THEREFORE IT IS AGREED by and between PARTIES that the terms and provisions of
AGREEMENT, including but not limited to Paragraph 7.C of AGREEMENT set forth verbatim above
shall apply to and control the real property described in Exhibit Z, now owned by CITY.
This MEMORANDUM is not a complete summary of AGREEMENT. Provisions in this
MEMORANDUM shall not be used in interpreting AGREEMENT's provision. In the event of conflict
between this MEMORANDUM and the unrecorded AGREEMENT, the unrecorded AGREEMENT shall
control.
WHEREFORE , PARTIES have caused this MEMORANDUM to be executed by properly
authorized signatures as of the date and year above written.
(SEAL)
ATTEST:
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
Title Executive Director
(SEAL)
ATIEST: Title ___________ _
Date -------------
Clerk and Recorder,
RECOMMENDED AND APPROVED:
APPROVED AS TO FORM:
Attorney for the---------
By ____________ _
Assistant Attorney
REGISTERED AND COUNTERSIGNED:
By ___________ _
STA TE OF COLORADO )
) SS .
CITY AND COUNTY OF DENVER)
Subscribed and sworn to before me this ______ day of ______ , 20 _, by
L. Scott Tucker, Executive Director of Urban Drainage and Flood Control District.
WITNESS my hand and official seal.
(SEAL )
Notary Public
My Commission Expires--------------
STATE OF COLORADO
COUNTY OF -------
)
) SS.
)
Subscribed and sworn to before me this ______ day of ______ , 20_, by
WITNESS my hand and official seal.
(SEAL)
Notary Public
My Commission Expires--------------