HomeMy WebLinkAbout2025 Ordinance No. 049
ORDINANCE NO. 49 COUNCIL BILL NO. 52
SERIES OF 2025 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT
REGARDING ENGLEWOOD CITYCENTER PROPERTY, PROVIDING FOR A
PHASED LEASE TERMINATION AND PHASED TRANSFER OF TITLE
AUTHORIZING THE TRANSFER OF TITLE TO SOME PARCELS AND THE
ACCEPTANCE OF TITLE TO OTHER PARCELS.
WHEREAS, the redevelopment of the former Cinderella City Mall was facilitated by the
Englewood Environmental Foundation (EEF) through a 75-year ground lease of City-
owned property, dated August 4, 2000, covering the central retail and mixed-use portions
of the CityCenter property (hereafter “the ground lease”); and
WHEREAS, the ground lease was acquired by New Englewood, LLC and City Council
consented to its assignment on November 25, 2024; and
WHEREAS, the City of Englewood and New Englewood, LLC desire to redevelop the
CityCenter Core Area, which includes both the City’s Civic Center property, and the City-
owned property subject to the ground lease, as a first-class mixed-use, transit-oriented
development; and
WHEREAS, the City and New Englewood have negotiated terms whereby the ground
lease would be terminated through a phased approach, the City would relinquish ownership
rights to some parcels in exchange for ownership of other parcels; and
WHEREAS, the City also negotiated to receive a first right of refusal on additional
property, to insert restrictions on allowed uses of redeveloped areas, and to negotiate future
agreements to guide the redevelopment, to protect City finances and to ensure the needs of
Englewood and its citizens are met; and
WHEREAS, in so doing, the parties have agreed to terms in which the City will receive
assets valued significantly higher than the assets it will transfer to New Englewood, LLC;
and
WHEREAS, City Council desires to authorize the execution of an agreement
memorializing the terms whereby the ground lease is terminated and title to parcels are
transferred in a phased approach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Contract Authorization. The City Council of the City of Englewood,
Colorado hereby authorizes the execution of the Partial Termination of Ground Lease and
Conveyance of Property Agreement with New Englewood, LLC, in substantially the
Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120
same form as attached hereto and incorporated herein by this reference (hereafter “the
Agreement”). Except for future documents and actions specifically requiring City
Council approval under the Agreement, the Mayor, Mayor Pro Tem in the Mayor’s
absence, and City staff are authorized and directed to execute all documents and take all
actions authorized and/or mandated by the Agreement without further authorization or
direction from the City, including but not limited to:
A. Accepting title to Parcel B.5, described as:
Commercial Unit, City Center Condominium according to the Map
thereof, recorded on November 27, 2002, at Reception Number
B2225885, in the office of the Clerk and Recorder of the County of
Arapahoe, Colorado, as defined and described in the Declaration of
Covenants, Conditions and Restrictions for the CityCenter Condominium
recorded on November 27, 2002, at Reception Number B2225884, in said
records.
County: Arapahoe
Parcel Number: 1971-33-4-06-002
Also known as 901 Englewood Parkway, Englewood, Colorado
B. Executing a partial lease termination with respect to Parcel B.4, and
accepting title to Parcel B.4, described as:
Lot 1, Block 4, Englewood CityCenter Subdivision, Filing No. 1, County
of Arapahoe, State of Colorado.
C. Executing a partial lease termination with respect to Parcel C.2 and such
portions of Block D as encumbered by the Ground Lease and executing a
Quitclaim Deed to convey to New Englewood, LLC the City’s right, title, and
interest to the land and any improvements in and on Parcel C.2 and the entirety of
Block D, described as:
Parcel C.2:
Lot 1, Block 7, Englewood CityCenter Subdivision, Filing No. 1, County
of Arapahoe, State of Colorado.
Block D (portions encumbered by the Ground Lease):
Lot 2, Block 9, Englewood CityCenter Subdivision, Filing No. 1, County
of Arapahoe, State of Colorado:
AND
Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120
THAT PORTION OF THE SOUTHWEST ¼ OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN; THENCE NORTHERLY ALONG THE WEST LINE OF
SAID SECTION 34 A DISTANCE OF 68.00 FEET TO A POINT ON
THE NORTH LINE OF WEST HAMPDEN AVENUE; THENCE ON
AN ANGLE TO THE RIGHT OF 90 DEGREES 07 MINUTES 26
SECONDS AND ALONG SAID NORTH LINE A DISTANCE OF
381.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG THE AFORSAID COURSE A DISTANCE OF
120.00 FEET; THENCE ON AN ANGLE TO THE LEFT OF 90
DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 130.00
FEET; THENCE ON AN ANGLE TO THE LEFT OF 90 DEGREES 00
MINUTES 00 SECONDS A DISTANCE OF 120.00 FEET; THENCE
ON AN ANGLE TO THE LEFT OF 90 DEGREES 00 MINUTES 00
SECONDS A DISTANCE OF 130.00 FEET TO THE POINT OF
BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO.
Block D (portion unencumbered by the Ground Lease):
Lot 3, Block 9, Englewood CityCenter Subdivision, Filing No. 1, County
of Arapahoe, State of Colorado.
Section 2. General Provisions. The following general provisions and findings are
applicable to the interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability,
either civil or criminal, which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions.
Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120
D. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be by reference or in full
in the City’s official newspaper, the City’s official website, or both. Publication shall be
effective upon the first publication by either authorized method. Manuals, Municipal
Code, contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to
implement the provisions of this Ordinance.
Introduced and passed on first reading on the 22nd day of September, 2025; and on second
reading, in identical form to the first reading, on the 6th day of October, 2025.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120