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HomeMy WebLinkAbout2006-08-07 (Regular) Meeting Agenda PacketRegular City Council Meeting August 7, 2006 Resolution#~~~ ~75, 76, 77, 78, 79 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 7, 2006 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:37 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso , Moore, Barrentine, Oakley, Mccaslin , Woodward, Wolosyn None City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy C ity Clerk Bush Director Olson , Safety Services Director Gryglewicz, Finance and Adm inistrative Services Director Kahm , Publ ic Works Operations Super intendent McCorm ick , Utilities Director Simpson , Commun ity Development Director Eaton , Human Resources Director Black, Pa rks and Recreat ion Senior Planner Graham, Communi ty Develo pment Housing Finance Specialist Grimmett, Community Development Economic Development Coordinator Hollingsworth, Community Development Police Commander Sanchez , Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Fox, Safety Services 5 . Con sideration of M inutes of Prev iou s Se ssi on (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, T O APPROVE THE MINUTES OF T H E REGU LAR CI T Y COUNCI L M EETIN G OF JU LY 24, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Englewood City Council August 7, 2006 Page2 Motion carried . 6 . Recognition of Scheduled Public Comment There were no scheduled visitors . 7 . Recognition of Unscheduled Public Comment (a) Jan Birmingham, an Englewood resident, said I am currently on the Board of Directors for Englewood Unleashed and on their behalf, I would love to say thank you for listening to us . We are very excited about opening the park on Saturday. I am very excited. If you haven't seen the bricks leading to the park, it is awesome. We are already in Phase 2 to buy more bricks and we've got money to work with the City to buy some amenities for the park. So, we are looking forward to that. Thank you very much . Mayor Wolosyn said thank you for all your hard work and perseverance. Well done. 8. Communications, Proclamations and Appointments There were no communications, proclamation or appointments . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11.) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i), (ii) and 9 (c) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 26, SERIES OF 2006 (COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER , COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD, COLORADO AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . (ii) ORDINANCE NO . 27, SERIES OF 2006 (COUNCIL BILL NO . 33, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY, A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . (c) Resolutions and Motions (i) RESOLUTION NO . 71 , SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2006 BUDGET • OPEN SPACE FUND FOR THE UTILITY LINE EDUCATIONAL TREE PLANTING PROJECT GRANT. Englewood City Council August 7, 2006 Page3 Vote results: Ayes : Nays: Motion carried. 10. Public Hearing Items Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley None No public hearing was scheduled before Council. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Kahm presented a recommendation from the Public Works Department to adopt a bill for an ordinance to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design, easement acquisition, and construction related to the Big Dry Creek Trail between Lehow Avenue and Broadway. He said as you are all aware, Englewood has worked, since 1994, with Littleton and the South Suburban Parks Foundation on developing the trail on Big Dry Creek between the Platte River and the Highline Canal. To this point in time, there have been five projects ... one included the bridge across the Platte River and the other four extended the trail system all the way up to Lehow. Right now there is a project currently underway on the east side of Broadway. We are not involved with that project. .. South Suburban is . They are putting in that section from Broadway along the apartments there, back to the southwest. Back in 2003, Council approved an ordinance approving an IGA with Cr'0T for some Federal funding for Phase 1 and Phase 2 ... that is remaining between Lehow and Broad ,ay. W e ... pproved an award for a construction contract on the Phase 1 trail system back in March of 2004 and that has been broken into two pieces now. The piece between Lehow and Broadway remains incomplete at this point. There is a problem with some right-of-way from Lehow towards Broadway and so it has been broken into two pieces . In the last section, when we were involved with South Suburban, we were just a project sponsor and so that was a very informal relationship with South Suburban . As we got into that, we realized we had the same responsibilities, financially, as if it was our own project. So, we decided with this particular phase, we should formalize this agreement with South Suburban and get a contract, so that we are guaranteed repayment for all the expenses on this phase of the project. As I mentioned, they broke this into two pieces . They will build the piece about 950 feet from Broadway, back to the west where we have right-of-way ... into this next phase ... and then South Suburban will continue to work ... and that will actually expend the rest of the Federal money we received and South Suburban's funding . And then South Suburban will come up with additional funding, to finish up at a later date , the portion where we are lacking right-of-way and also a bridge across Big Dry Creek at Broadway and a ramp to get you from Broadway down to the trail system . Mayor Wolosyn asked if there were any questions for Mr. Kahm. There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 24. COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN, EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION . Mayor Wolosyn asked if there was any d iscussion . There was none. Mayor Wolosyn said thank you Rick . Mr. Kahm replied, thank you . Englewood City Council August 7, 2006 Page4 Vote results: Motion carried. Ayes : Nays: Council Members B rrentlne, Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakl y None (ii) Operations Super intendent McCormick presented a recommendation from the Utilities Department to adopt a bill for an ordinance authorizing an IGA with Colorado Water Conservation Board for an Emergency Agreement for replacement of a 16" w t r main at Dartmouth and South Platte River. He said I handed out a picture ... because a plctur Is worth thousand words . We had a small water main leak on our 16" pipe that is under the Dartmouth Avenue bridge that spans the South Platte River . To get into it and get it fixed, we needed a license agreement with the Colorado Water Conservation Board. It is their property and we had a ramp down into the river bottom tog I to It . They were very willing to work with us on an emergency basis. The leak has been repaired, but because It Is an Intergovernmental Agreement. .. we are requesting this approval by the Council tonight . Mayor Wolosyn asked if there were any questions . Council Member Barrentine said did you say the leak has been repaired? Mr. McCormick said yes, we repaired it as an emergency on Saturday morning , August 51 h . Ms . Barrentine said but this is to get it repaired? Mr. McCormick said this is just because it Is an agreement with the State . Council Member Woodward said do you have a rough idea of the cost? You say the contractor will be retained on a time and material basis . Mr. McCorm ick said right, it was about a 4 hour job, plus getting rental equipment. We had to get a lift in there , we had to get a tow truck to let the lift go down into the river and two people working ... one welder and one contractor to run the lift . I haven't seen a bill yet, but it is probably under $5,000 .00 . Council Member Barrentine s 1d who normally supervises the T & M jobs? Mr . McCormick said I do and Mitch Riley . Ms . Barrentine said I feel good about that. But the work has already been done? Mr. McCormick said yes, we were there and we saw it repaired . Ms . Barrentine said okay and that was the only other question that I had ... that normally we sup rvise those jobs . Mr. McCormick said yes , we supervise those and I will get it seeded . Seeding hasn 't be n done yet , but I will do that. Mayor Wolosyn asked 1f th re were any more questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCIL BILL NO . 34 . COUN C IL BI LL NO 34 , IN T RODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANC E AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD WATER PIPELINE REPAIR JULY 28, 2006", RELATED TO TH E REPAIR OF A BROKEN WATER PIPELINE BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND TH E DEPARTMENT OF NATURAL RESOURCES , COLORADO WATER CONSERVATION BOARD . Mayo r Wolo syn as k d if there was any discussion . There was none . Vote rHult1: Motion c rn d Ay s: Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oak ley Nay : Non e (b) Approval of Ordinances on Second Reading Englewood City Council August7,2006 Page5 (i) Council Bill No. 28 , approving a Property Lease Agreement with the Sheridan Redevelopment Agency pertaining to the redevelopment of the Englewood Golf Course was considered . Mayor Wolosyn said we have already had discussion on this, so unless anybody wants to add anything, do we have a motion? COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 28, SERIES OF 2006. ORDINANCE NO. 28, SERIES OF 2006 (COUNCIL BILL NO . 28, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A PROPERTY LEASE PERTAINING TO THE REDEVELOPMENT OF THE ENGLEWOOD GOLF COURSE . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso , 'Oakley Nays : None (ii) Council Bill No. 29 , an emergency ordinance creating the South Broadway Englewood Business Improvement District (BID) pursuant to Colorado Revised State Statutes§ 31-25 Part 12 was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (11) • ORDINANCE NO. 29, SERIES OF 2006. ORDINANCE NO . 29 , SERIES OF 2006 (COUNCIL BILL NO . 29 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : C ouncil Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said congratulatio ns . (iii) Council Bill No . 31, app roving a Constructio n Agreement with the South Suburban Parks and Recreation District to construct trail improvements for bicyclists and pedestrians along the South Pla tt e River was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A G ENDA ITEM 11 (b) (Ill) • ORDINANC E NO. 30 , SERIES OF 2006. ORulNANCE NO. 30, SERIES OF 2006 (COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION AGREEMENT REGARDING CONSTRUCTION OF THE TRAIL EXPANSION AND BUFFER PROJECT Englewood City Council August 7, 2006 Page 6 RELATED TO THE MARY CARTER GREENWAY TRAIL BETWEEN THE CITY OF ENGLEWOOD COLORADO AND THE SOUTH SUBURBAN PARKS DISTRICT . ' Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley None (c) Resolutions and Motions (i ) Housing F inance Spec ialist Gri 1mett presented a recommendation from the Commun ity Development Department to adopt a resolution establishing a new line of credit with WestStar Bank for $750 ,000 .00 to support the activities of the Housing Rehabilitation Enterprise Fund and to approve the City Manager or designee to negotiate three additional one-year periods that will not increase the amount of the line of credit. She said I am here this evening to ask Council 's approval of the new line of credit with WestStar Bank that will continue the Housing Rehabilitation Fund and our ability to make loans throughout the City of Englewood for homeowners that qualify . Th is particular line of credit has been a very integral part of the success of the program since the program started in 1977 . Our agreement with Vectra expired last year and we discussed this new agreement with Council last February. It has taken us six months to get some of the details of the agreement ironed out , but we are here th is evening requesting approval of that agreement. The additional three years is standard language that we have had in past lines of credit. It just allows us to be able to renegoti ate fo r ad di tional one-yea r agreemen ts ... to handle it internally , w ith the C ity Manager's office and staff ... without hav ing to bring it back to Council. Mayor Wolosyn asked if there were any questions for Ms . Grimmett. Council Member Woodward said the Vectra Bank line of cred it in the amount of 1.178 million dollars ... in reading this it appears that there is $60 ,000 .00 currently owing on that, is that correct? Ms . Grimmett said the line of credit ... if t here was any fund ing ava ilable on the line, it expired at the end of the line of cred it last Fall. So, what we ha ve owing are just those agreements that have completed their construction and we are making payments on ... that is part of that 1 .19 . Mr. Woodward said okay, at the end of the agreement for the li ne of credit , is that bala nce due a nd payable ... o r does it go out on the 20 year? Ms Grimmett sa id it was never drawn down , so it just expires ... it is j ust unavai la bl e for us to co ntinu e to do new loan s . Mr . Woodwa rd sai d o k ay . And when th is says WestStar Bank to be dis bursed for o ne ye ar to su pport th e Reha b P rog ram ... in defi ning sup po rt, does that mean for these actual loans or is there any other costs ass ociated with the word su pport ... administrative or anything else that goes along with that? Ms . Grimmett said the funding that we receive is strictly for the construction and the loan made to the homeowner. Any cost that we have in processing the loan ... for title work, appraisals, for credit reports ... those are included in the loan and charged to the homeowner and are part of the loan . But there is no staff administration time that is charged in that. Mr. Woodward said okay and I think your interest rate is a very good interest rate for right now ... fixed for what appears to be for a year with monthly adjustments according to prime . Thank you . Mayor Wolosyn asked if there were any other questions . Council Member Mccaslin said did you broaden the scope of people who could apply for these? Was it limited before? Ms . Grimmett said yes , it was limited before . Under our Vectra agreement, they limited it to roughly what the equivalent of 100% of what HUD deems is the median income for the average family in the area . WestStar wasn 't as concerned about that , so they gave us permission to eliminate the income limits entirely . So, we now can accept applications from any family in the commun ity , regardless of income . Mr. Mccaslin said thank you . Mayor Wolosyn asked if there were any other questions . There were none. Englewood City Council August 7, 2006 Page 7 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 72, SERIES OF 2006. RESOLUTION NO . 72, SERIES OF 2006 A RESOLUTION APPROVING A NEW LINE OF CREDIT WITH WESTSTAR BANK FOR $750 ,000 TO SUPPORT THE ACTIVITIES OF THE HOUSING REHABILITATION ENTERPRISE FUND AND AUTHORI ZIN G THE CITY MANAGER TO NEGOTIATE THREE ADDITIONAL ONE-YEAR EXTENSIONS FOR THIS LIN E OF CREDIT THAT WILL NOT INCREASE THE TOTAL AMOUNT OF THIS LINE OF CREDIT . Mayor Wolosyn asked if there was any more discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said thank you Janet. (ii) Director Simpson presented a recommendat ion from the Englewood Env ironment al Foundation, Inc ., to adopt a resolution supporting leasing the vacant plaza retail space located at CityC e nter Englewood . He said I am here tonight as a Foundat ion member. We have been try ing to market th is pla za reta il space for between 18 and 24 months , after the vacancy created by the Dav id T aylor Dance Th ea ter . W e have a p roposed user for this vacant reta il space . As reques ted by Council , we have crea ted a Prop e rty Revie w Comm ittee . The proposals that we have seen over the last severa l months have gon e to th e Com mi ttee . Th e Property Review Committee reviewed the current one in front of us tonight and has recomm end ed app roval of that proposal. The user is an architectura l firm that would take the entire 8600 square feet of sp ace . They would be taking it on a 60 month term for lease. That lease will go to activate that retail space and create 16 new jobs here at CityCenter. Further more , the user will be do ing the ir own tenant f in ish in th at space and as a result of that, will reconfigure that space and put it into, what we believe , is a much more us ability standard in that we had a very lim ited amount of use for a dance theater. We will have a lot more use for office space for the future . There are no negative financ ial impacts w ith th is and in fact , th is will actu ally st em some of the costs that we have been incurring on that space . At th is time , as the Englewood Env ironmental Foundat ion Directo r, we are request ing that Council adopt a resolut ion support ing the use of th is vac a nt plaz a reta il space fo r th is new tenan t. Ma yo r Wolosyn aske d if th ere were any questi ons or discussion . Council Member Barrentine said I want to say that you had mentioned that Darren Hollingsworth had done an awful lot of work on this and I appreciate it. .. the effort of taking a space that , originally , was configured to a specific use and trying to make it marketable, was not an easy job. After having looked at the shape it was left in and the way that it was originally designed, you had your hands full trying to do that. I appreciate that we have put somebody in there that we don't need to subsidize, that is willing to take over some of the responsibili ties of making that into a more marketable property . For two and a half years we have paid at least $5,300 .00 a month, so it is just a win/win all the way around . I appreciate the hard work that it took to make this happen . Thank you . Mayor Wolosyn said in addition to thanking Darren, I would also like to thank Margaret McDermott who served as the representative from the Business Committee on the panel. COU NC IL M EMBER OAKLEY MOV ED, AN D IT WAS SECONDED, TO APPROVE AGE NDA ITE M 11 (c) (II)· RESOLUTIO N NO. 73, SERIES OF 2006. RESOLUTION NO . 73, SERIES OF 2006 Englewood City Council August 7, 2006 Page 8 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . (EEFI) SUBLEASE OF THE VACANT PLAZA RETAIL SPACE LOCATED AT THE CITYCENTER ENGLEWOOD SITE . Mayor Wolosyn asked if there was any more discuss ion . There was none. Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Director Simpson said thank you. (iii) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department to adopt a resolution approving the slate of Board of Directors for the South Broadway Englewood Business Improvement District. He said this evening, with the creation of the South Broadway Englewood Business Improvement District, we will be asking for the creation of a Board of Directors . The Board of Directors will be determining the annual priorities for the BID , as well as overseeing the ongoing activities for the Business Improvement District. Pursuant to State Statutes , the Board of Directors must be appointed by the City Council. The BID Selection Committee has put forth the following slate of Directors : Ted Vasilas -Ted's Clothiers ; Jon C. Cook -Auto Dealer Lending ; Rick Reese -Dress for Less Clothiers ; Bob Laughl in -Acoustic Music Revival ; Bob Voth -Sir Speedy Instant Print ing ; Richa rd We igang - Catholic Store ; Bryan Re id -Edward 's Tobacco Shop . He said that is all I have and thank you . Mayor Wolosyn asked if there were any questions or commen ts . Council Woodward sa id I just wanted to make a point and that was with regard to Mr. Cook who is certainly a very qualified landowner within the d istrict. .. Auto Dealer Lending is in the City and County of Denver. I take it that these are just ident ificat ion of their bus inesses . His personal office is there , but again , like I sa id , he is a very qualified owner of commercial property on Broadway. Mr. Holl ingsworth said Mr. Cook owns approximately 22 properties on Broadway and as owner of the properties , he would be elig ible to be on the BID Board , wh ich requ ires that they would have to be a rate payer, so Mr . Cook is , by those st andards , qualified . Mr. Woodward sa id right and Auto Dealer Lend ing is just the place of his ph ysi cal , pri vate offi ce ... tha t's all that means . Mr. Holl ingsworth sa id that would be the name of his bu siness, but a g ai n , under that umbrella , he holds several properties in Eng lewood ... a good number of propert ies in Engle wood . Council Member Barrentine said since the BID doesn't truly exist yet ... until the vote happened, how was the selection made? Mr. Hollingsworth said the selection was made by the BID Selection Steering Committee and that was headed up by the BID Steering Committee Group primarily and they actively worked to select members that were representative of the entire corridor . Ms . Barrentine said have all of these members had an opportunity to work with the process so far? Mr . Hollingsworth said I believe so . I have worked with the Steering Committee and I know these names, both from the Steering Committee and otherwise ... they signed on the petition endorsing the BID and the City staff was not involved in that particular process, bu t the BID Steering Committee headed that up . Ms . Barrentine said okay and they all agreed to serve? Mr. Hollingsworth said yes , they have all agreed and they all recommended this authority. Ms . Barrentine said this is another process , this last process, that we have to do in order for this to be voted on ... so I just wanted to make sure that the people that were in place had already been participating, so that this last, final phase can go through to the vote . Mr . Hollingsworth said that was actually a critical part, I believe , of their selection process . They wanted to make sure that they had signed off on the petition , as well . Ms . Barrentine said because their work, by far, hasn 't been done yet. Mr. Hollingsworth said there is still work to do yet. The election , if this goes forward , will be in November. Thank you . Ms . Barrentine said okay , thank you . Mayor Wolosyn asked if there were any other quest ions . There were none . Englewood City Council August 7, 2006 Page9 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii)· RESOLUTION NO. 74, SERIES OF 2006. RESOLUTION NO . 74 , SERIES OF 2006 A RESOLUTION ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS. Mayor Wolosyn said I would like to thank you guys for coming forward and helping us on this . We will work together to make Broadway really good . Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None (iv) Director Eaton presented a recommendation from the Human Resources Department to appoint , by motion , a hearing officer for a disciplinary appeal filed by former Officer Joe W ilson . She sa id I believe that you have the resumes of the three hearing officers that were approved last year, by Council , to be part of the panel for such purposes . Mayor Wolosyn sa id do we have a motion to select one of these men? Council Member Barrentine said have they served an awfu l lot in the past? Ms . Eaton said last Octobe r was the last time that we used one of the hearing officers that we appointed . Ms . Barrentine sa id okay. Some of these copies are difficult to read . I thought maybe we had just been using them an awful lot lately. Ms . Eaton sa id they have been recycled a few times . Council Member Woodward said in looking at th is ... you sa id we have used some of these in the past or maybe all of them , I don 't know. Ms . Eaton said yes we have and I believe the last hearing officer that we used was John DiFalco . Mr. Woodward said okay. In jus t looking at them ... there isn 't a whole lot of information there for me . I guess the one , as I looked at it , that I c ircled , pe rsonally , was Ronald Cohen . Council Member Ba rrent ine sa id co ul d I ask if Da n has any ins ight o n the m? Ci ty Attorney Brot zman said we ac tua lly are no t allowed . Sue and I are not allo wed to make a rec omm en dation to you . He said any of the three of these are fine with us . We have agreed that these are three acceptable candidates ... any of the three . Council Member Barrentine said of the three , can we know over a period of time , which of them have handled cases? You said the one gentleman handled the last case , but how many have all of the three of them handled? Ms . Eaton said I don't have an exact number for you . I think the last time that an officer was appoin ted, we didn't use him and I believe that was Ben Aisenberg . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPOINT RONALD J . COH EN AS H EARING OF F IC E R FOR A DIS C IPLINARY APP E A L FIL ED BY FORM ER OFFIC ER JOE WILSON . Mayor Wolosyn asked if there was any discussion . There was none . Vote resul ts: Motion carried . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None Mayor Wolosyn sa id thank you Sue . Englewood City Council August 7, 2006 Page 10 (v) Director Kahm presented a recommendation from the Public Works Department to approve , by motion, a contract for the Safety Services Records Room remodel project. Staff recommends awarding the contract to the lowest technically acceptable bidder, IBEC Construction Company, in the amount of $55,584.00 and total estimated project cost of $70 ,399 .00 . He said Council approved th is project in the 2006 Multi-year Capital Plan . As you walk through the front door of Safety Services, if you are a member of the public, your first opportunity to talk to anyone would be at the windows that go into this records room . Th is is original to the 1972 construction and is in much need of repair . We met with Safety Services a couple of years ago and started looking at what we might do to improve that area . What we really found was the floor was terribly overloaded from 35 years worth of records . So we worked with Chris and I think he used some forfe iture money but we were able to scan those records and open that room up ... but it is in much need of repair . The only thing that is really unusual about this project is that when we advertised this , we went out and we used the Rocky Mountain E-Purchasing System that is used by 21 governmental agencies in the front range . We had 61 vendors pull plans and we had a pre-bid conference ... we had 11 companies attend . The reason we are recommending we award this to the lowest technically acceptable bidder is because IBEC was the only bidder on this project. We have researched them, we verified they are capable of doing this job and we believe that we should go forward . One of the things that I might add, we bel ieve that one of the reason we didn 't have that many bidders was that, for openers, it is a night job . The other thing is that to work in Safety Services all of these folks have to go though a clearance ... so all of their folks would have to go through background checks and all ... so I think it was just a lot of extra hassle for contractors . Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v) -A CONTRACT WITH IBEC CONSTRUCTION COMPANY , FOR THE SAFETY SERVICES RECORDS ROOM REMODEL PROJECT, IN THE AMOUNT OF $55,584.00 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn sa id tha nk you Rick . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I have a request. I serve as the Council Representative or link to the Englewood Education Foundation and one of the members, Howard McGregor, who actually donated the sound system for the room up here ... for Hampden Hall ... is organizing a Foundation event. He wants to bring people from the industrial sector down to Hampden Hall to talk about the Founda tion . I told them that I would ask, respectfully, if Council would waive the base fee for rental, but I told them they would have to pay for the facility attendant and also they want a special room set up . But, I think it is an easy way for us to support the Foundation and the work they do in the community, but still they will be responsible for the extra labor. So, I am wondering if I can go ahead and offer that to them? Council Member Tomasso said I think it is a great way for the City to partner with the school system . Mayor Wolosyn said thank you . And it is , you know they are going to pay for our costs , which I appreciate . (ii ) Mayor Wolosyn sa id Saturday was Art About. I would like to thank members of the Commun ity Development Department...in part icular Ha rold St itt and Nancy Fenton ... who d id a really fabulou s Englewood City Council August 7, 2006 Page 11 job of organizing, what I think, by everyone 's account , was a successful day. It was just a great day and many people asked me to pass it on to the City and the City Council the ir appreciation for it. (iii) Mayor Wolosyn said on Saturday night , MOA had their major thing they do, performance wise , for the City ... outside . It was almost rained out, but it came off and there was a surprisingly strong turnout in the rain. (iv) Mayor Wolosyn said Wayne Oakley received a document about options at the King Soopers. Mr. Oakley said yes , it appears to be a packet that you rece ived some other time. Mike will know more about that. Mr . Flaherty said that was part of the packet that Community Development presented to Council in February at their retreat. Ms . Wolosyn said I have it then , thank you . Mr . Flaherty said yes, we can provide additional copies if anyone needs one . Ms . Wolosyn said no, I have it , thank you. (v) Mayor Wolosyn said Friday afternoon I went to the opening of the Skerritt House . There are a number of healthcare providers there ... I think a chiropractor, massage therapist and nutritionist. They did a beautiful job of finishing the inside of that building . I was so impressed . I think it was a positive outcome ... to which anybody who sat on Council knows ... was a negative process . But in the end, I think we facilitated something in the private and non-profit sector that helped retain this historical place in our community . I think good processes are sometimes difficult and it was gratifying to see the outcome . (b) Council Members' Choice (i) Council Member Barrentine : 1. She sa id I had forgotten to thank Bob Simpson for the work that he d id in acqu ir ing that tenant for that space in this building . 2 . She said I also wanted to thank Bob for working with the Englewood Days project. .. the merchants and Pos itively Englewood and Chamber event that we are planning . He made it possible ... he communicated with the contractor for that lot that is still open, so that they could go ahead and access that and I appreciate the involvement with that. And thanks also to Rich Kahm and the Public Works Department for all their hard work in address ing what the traffic issues might be . 3 . She sa id al so for Publ ic Works , we needed to find out what was go ing on w ith the light at Oxford and Log a n and I apprec iate you getting on that so qu ick . 4 . She sa id j ust a ll up a nd down Bro adwa y, t he exc itemen t regard ing Englewood Days is j ust fan ta st ic . It is just nice to see people pulling together to put together an event like this . It is always difficult when you are trying to do it for the first time, but there is a lot of excitement and a lot of involvement and it is appreciated . (ii) Council Member Mccaslin: 1. He said I attended the Ice Cream Social on Friday before I went o ut of tow n and what a nea t event. It was just neat to get to know some of the guys in Utilities and the W ater Department and the peop le there . I stayed there from about 1 to 3 . I think it was neat to just put some names with faces and so forth . 2 . He said on National Night Out we attended three events, then unfortunately the rain kind of put a kibosh to a lot of the events, but it was great. It was just neat to talk to the residents and to hear their concerns . I think everyone that we talked to was , generally , pretty happy with what is happening in Englewood . So, I had two very positive events in Englewood within the last week . Thank you . (iii) Council Member Oakley said I attended the Englewood Employees Recognition Awards ceremony on Wednesday. It was a nice ceremony and I was glad to see the employees attend . (iv) Counc il Member Tomasso : Englewood City Council August7,2006 Page 12 1. He said on National Night Out , the police and fire received quite a few compl iments for their response time and their presence in the community . I was wondering if we could structure something for them to appear at the Car Show, like they did for National Night Out and do more PR. .. where they are showing off their motorcycles and talking to the kids, handing out the cards and the Junior Deputy badges like they d id , because the kids seemed to be really happy to get those little stickers . I think it would be really n ice , on a day when people are com ing into the community, to have the police out there ... basically , a presence, but doing PR. .. a really nice, strong PR. You know, something different from other communities, possibly . 2. He said I have a couple of houses in my District that are in the final stages of being repossessed by banks ... one of which has sold . It is not on the records in Arapahoe County as having been sold ... the previous owner is still listed as an owner. It is in foreclosure and there are weeds . I know that Code Enforcement has put notices on the door. I think we need a new process to speed up the ability to take care of these properties . When they go into foreclosure and they are owned by banks, on either coast of the country, and they can 't be reached and they have attorneys taking care of these things, who can't be reached, then we need a procedure , and maybe it is just to put the responsibility under the direction of the City Manager to have these properties cleaned up at the end of the 14 day notice and then the fee assessed to that. Mayor Wolosyn said as you know, we have that scheduled to discuss on September 181 h . Mr. Tomasso said right, but as summer progresses, the Christmas trees in the front yard get taller . (v) Council Member Woodward : 1 . He said I also attended the lunch on Wednesday to honor the employees and there was a spec ial acknowledgment to Monty from Publ ic Works for 50 years of employment with the City , which is pretty incredible to me. 2 . He said on National Night Out, Bob and I went together and we received feedback on a couple of City employees that I wanted to mention . Some very nice things were sa id about how helpful Bill McCormick was with some issues that a citizen had and also Tricia Langon in Community Development. .. how helpful she was . 3 . He said on Saturday at 9 o 'clock , after five full years of work ing on the issues of off-leash dog parks , we are finally going to have our opening . I hope people can attend and celebrate that open ing with us . I know I intend to be there . Thanks . 13 . City Manager's Report (a) City Manager Sears said first of all, I had on the Study Session Agenda that Craig Hospital had sent us a letter, which was a very nice letter from Denny O'Malley asking for street closure on Clarkson . I guess the surprising thing, from our end , was that he had asked for it for June 7, 2007, and, generally, we get these two weeks ahead of time, so it was really a very pleasant letter. I have now talked to Rick and it is one of the things we can accommodate, but we would like to make sure that City Council is o kay with this and also, po ss ibly , our participati on w ith them, because the 100 year anni versary ce lebrati o n really is part of our commu nity . So , u nl ess th e re is a ny o bjection, w e w ill go a head an d sen d a lette r to the m saying to please procee d . (b) City Manager Sears said I also want to say that we are in the midd le of budget. Right now we are reviewing things and while it is great to hear really good positive things ... I am very positive about where the City is . We are taking a look at the budget and some of our budgets, especially w ith some of our salary increases, are exceeding the 4% level that we had talked about, because of the survey results . And, of course, at this point in time, it is kind of a dream list and we have a lot of interest out there, so we are putting together, at the staff level, a preliminary budget to bring to the City Council. At the end of this month we will have a Staff Retreat , to go through and prioritize where we are so that we can stay fiscally sound . Then again , I want to emphasize the meeting on September 23rd with the City Council , where you will have a chance to take a look at the budget. It is too early for me to say we are too far out or too far in, but you know , I think as in every budget year , we are going to have to make sure that we have the revenue to meet our expenditures and we are taking a look at that . Englewood City Council August 7, 2006 Page 13 (c) City Manager Sears said and I just want to say thanks to the staff and Mike Flaherty and my staff in particular .. .for their support while I was gone and thank you to the Mayor and City Council. About a year ago I didn't know a town name Belm, Germany existed . I don't think they knew Englewood existed either on the other side of the pond, but I did get a chance to meet the City Council there in Belm and they did give us their emblem, their plaque, so I want to hang this up in the Council room along with their picture of their community. They are very interested in having a delegation come next year to Englewood and possibly be hosted by us . They did host me while I was over there and it went from just a City Manager exchange to possibly something more than that. To actually have the CityCenter project in the newspaper in Germany was pretty phenomenal. That was pretty amazing . And, I think one of the most incredible things was outside the Council Chambers, they had a picture of the World Trade Center ... a painting that was put there in recognition of the World Trade Center. So, it did certainly have an effect around the world . I just wanted to say thanks again for support in this exchange . We will be writing certain things up to put into some publications about how things like City festivals make a difference and land use and other types of things. Mayor Wolosyn said thank you Gary. 14 . City Attorney's Report (a) City Attorney Brotzman said I do have a request for a settlement in the Public Service monitoring case ... the actual settlement is in your packet. Ken Fellman did a great job in representing us, but I want to offer a special congratulations to Rick, and his staff in the Public Works Department, who spearheaded getting the coalition of the cities together to actually work with Public Service in getting the settlement done. So, I do have a request for a motion on the settlement agreement. Mayor Wolosyn asked if there were any questions . There were none. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE A SETTLEMENT AGREEMENT WITH PUBLIC SERVICE. Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :22 p .m . 1 . 2. 3. 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, August 7, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Calltoorder.'7,'3'1 ~ Invocation. ~ Pledge of Allegiance.~ Roll Call . tif/ '7 ~ 5. Consideration of Minutes of Previous Session. · dppti1--{)a. Minutes from the Regular City Council meeting of July 24, 200~ 6 . 7. 8 . 9 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) ff Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to c;::;eneral Qiscussion .) · · ti. ::r,JJ Blt!IIIIJ~I-IAJI -MJJ!AJI=-~Ml- cyations, Proclamations, and Appointments. Consent Agenda Items . Englewood City Council Agenda August 7, 2006 Page 2 Council Bill No. 33 , authorizing assignment of Englewood 's 2006 Pri vate Acti vity Bond Cap allocation to the Colorado Housing and Finance Authori ty for home ownership programs . c. Resolutions and Motions. i. Recommendation from the Finance and Administrative Services Department to adopt a Resolution approving a supplemental appropriation to the 2006 budget for funds received from the Utility Line Educational Tree Planting Project Grant. STAFF SOURCE: Frank Gryglewicz, Director of Finance arid Administrative Services . 10. Public Hearing Items. (No Public Hearing Scheduled .) ~ 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. ~'l-D Council Bill No. 24 -Recommendation from the Public Works Department to adopt a Bill for an Ordinance to enter into an agreement with the South Suburban Parks Foundation (SSPF ) in whi c h the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design , easement acquisit ion, and construction related to the Big Dry Creek Trail between Lehow fl~~ ........ J Avenue and Broadway. STAFF SOllRCE: Rick Kahm, Director of Public Works. ~~ ii. Council Bill No. 34 -Recommendation from the Utilities Department to adopt a /7~ Bill for an Ordinance authorizing an IGA with Colorado Water Conserv ation Board · 1----v for an Emergency Agreement for repla c ement of a 16 " water main at Dartmouth 11 ~ H..,,. .... and South Platt~ River . STA~F SOURCE!-~era~,:t-Bira&ler ef Utilities.£NO~ 61 U. /ti 4 t!Ol!M/et r'RI.~ IT ~lr1U!... ()f'/ll7lt)t)S b. Approval of O rd ina nces o n Se c ond Readin g. 1lfE, 1,1,'Kt,Q'/ ~~ i. 1)//.;;.f O/)fJ 7-fJ Council Bill No. 28, approving a Property Lease Agreement with the Sheridan Redevelo~~t ~gen~y pertaining to the redevelopment of the Englewood Golf Coursee7/~ Jj ii. Council Bill No. 29, an emergency ordinance creating the South Broadway tJ7 tJ ..,,,.-J. J Englewood Business lmproveme ~strict (BID) pursuant to Colorado Revised A.pf d ?,,{) State Statutes § 31-25 Part 12 . c7/ ~ cl fj L:n iii. Council -Bill No. 31, approving a Construction Agreement with the South Suburban {) :P--c:r,/ Parks and Recreation District to construct trail improvements for bicyclists and r 7--tJ pedestrians along the South Platte River.~ Plea Englewood City Council Agenda August 7, 2006 Page 3 c. Resolutions and Motions. i. Recommendation from the Community Development Department to adopt a Resolution establishing a new line of credit with WestStar Bank for $750,000 to /) ~. -II ~ support the activities of the Housing Rehabilitation Enterprise Fund and to approve K,JIJ{j4r · 1e. the City Manager or designee to negotiate three additional one-year periods that OM.A '7-a,ill not increase the amount of the l ine ot-l£e~it. _ STAF! SOURCE: Janet -'fr?"" Grimmett, Housing Finance Specialist.O'~~ ii. Recommendation from the Englewood Environmental Foundation, Inc., to adopt a Ji. ti 1. Resolution supporting leasing the vacant plaza retail space located at CityCenter ti"',{~ Englewood. STAFF SOURCE: ~bzrt}J~,on, Director of Englewood pd ?-0 Environmental Foundation. (/ ~ iii. Recommendation from the Community Development Department to adopt a /J ~-... /J, n~ / . Resolution approving the slate of Board of Directors for the South Broadway pl.P~ t'-(;?.'-{)lEnglewood Business Improvement District. STAFF SOURCE: Darren ~(,{ Hollingsworth, Economic Development Director.~ Recommendation from the Human Resources Department to appoint, by Motion, ()j}/X/ '7-0 -Is' a hearing officer for a disciplinary appeal filed by former OfficeJ)~~~~~ ,J ~/1,vA{,I:, ;J: ~TAFF SOURCE: Sue Eaton, Director of Human Resources. VVl7TUV~ v. Recommendation from the Public Works Department to approve, by Motion,~ contract for the Safety Services Records Room remodel project. Staff (7 _'ll recommends awarding the contract to the lowest technically acceptable bidder, 1-V IBEC Construction Company, in the amount of $55, 584 and total estimated project costs of $70,399 . STAFF SOURCE: Rick Kahm, Director of Public Works~ 12. General D iscussion . a. Mayor's Choi ce. b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney 's Report. ~ .. ~tl-0 Public Service Company Electric Q uality of Service Mon itoring and Reporting Plan for 2007 and 2008. ~ Pl ase note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762 -2407) at leas t 48 hours in advance of when services are needed . Thank yo u. Englewood City Council Agenda August 7, 2006 Page 4 15 . Adjournment. ~ The following minutes were transmitted to City Council in July 2006 . • Alliance for Commerce in Englewood minutes of April 13 and May 18, 2006. • Cultural Arts Commission minutes of June 7, 2006. • Liquor Licensing Authority Telephone Polls of June 21 and July 5, 2006 . • Parks and Recreation Commission minutes of June 8, 2006. • Public Library Board minutes of June 13, 2006. • Transportation Advisory Committee minutes of June 8, 2006 . Pl a e not : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303 -762-2407) at least 48 hours in ad ance of when services are ne ded . Thank you . , . 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, August 7, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Engle w ood Parkw ay Engle w ood, CO 80110 Call to order.f ·31 ~ In vocation. ~ Pledge of Allegiance.~ Roll Call. t1.1J '7 ~ 5. Consideration of Minutes of Pre viou s Se ssion . . ctppti1-{)a . Minutes from the Regular City Coun cil meeting of July 24, 2006~ 6 . 7 . 8 . 9 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ff Recognition of Unscheduled Publi c Comment. (Please limit your presentation to fi ve minutes. Time for unscheduled public comment ma y be li mited to 45 minutes and if lim ited shall be continued to Qeneral D iscussion .) · a. :r,v JJll?/#1v~1-111,11 -MA111.1~ ~,eML- cyations, Proclama t ions, and Appointments. Consent Agenda Items. a. App~f Ordi nances on Firs t Reading. ~, ?--~ ~ proval of Ordinances on s;r,nd Reading . 16£UJA .. 96i1ii r~,· --r, ,n J q 2 /~· Counci l Bill No. 30, aut hor~ Single Family Mortgage Bo~ () l-{J?,y Program without assigning any 2006 Pri vate Activity Bond (PAB) cap allocation . Englewood City Council Agenda August 7, 2006 Page 2 Council Bill No. 33, authorizing assignment of Englewood 's 2006 Pri vate Activity Bond Cap allocation to the Colorado Housing and Finance Authority for home ownership programs. c. Resolutions and Motions. i. Recommendation from the Finance and Administrative Services Department to adopt a Resolution approving a supplemental appropriation to the 2006 budget for funds received from the Utility Line Educational Tree Planting Project Grant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. 10. Public Hearing Items. (No Public Hearing Scheduled.) ~ 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. b. i. ii. Council Bill No. 24 -Recommendation from the Public Works Department to adopt a Bill for an Ordinance to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design, easement acquisition, and construction related to the Big Dry Creek Trail between Lehow /J~~ .. H.J A venue and Broadway. STAFF SOURCE: Rick Kahm, Director of Public Works. &NV~ Council Bill No. 34 -Recommendation from the Utilities Department to adopt a Bill for an Ordinance authorizing an IGA with Colorado Water Conservation Board 17-tJ for an Emergency Agreement for replacement of a 16" water main at Dartmouth h~ 11 ~,_ 1 and South Plat~1~rJA~A~~~!f;J>ri~{' 9~~f :e;{"~~~~ Approval of Ordinances on Second Reading . ~ U'llµr/ ~r~ i. f)f/f.c)f OffJ7-iJ Council Bill No. 28, approving a Property Lease Agreement with the Sheridan Redevelo~~t ~gen~y pertaining to the redevelopment of the Englewood Golf Course<:7/~ 1J ii. Council Bill No. 29, an emergency ordinance creating the South Broadway (/7 t/--r-J.. f Eng lewood Business lmproveme~strict (BID) pursuant to Colorado Revised ~ti ?-Z) State Statutes § 31-25 Part 12 . c::7/ JlJ4J-l) cl /J. h1 iii. Council Bill No. 31 , approving a Construction Agreement with the South Suburban f) :p--~ Parks and Recreation District to construct trail improvements for bicyclists and ~ 7--t) pedestrians along the South Platte River .~ wood Englewood City Council Agenda August 7, 2006 Page 3 c. Resolutions and Motions. i. Recommendation from the Community Development Department to adopt a Resolution establishing a new line of credit with WestStar Bank for $750,000 to /J ~. -II n~ support the activities of the Housing Rehabilitation Enterprise Fund and to approve KJIIJ(j4F-·1e. the City Manager or designee to negotiate three additional one-year periods that /,/~ /)~ill not increase the amount of the line of.a:e~it.. STAF__F SOURCE: Janet -'frf' V' t· Grimmett, Housing Finance Specialist.c:7"/Y~ ii. Recommendation from the Englewood Environmental Foundation, Inc., to adopt a Ji_ )1 ~ Resolution supporting leasing the vacant plaza retail space located at CityCenter Y,/.;.,; Englewood. STAFF SOURCE: ~blrt,r}~,on, Director of Englewood ~ ?-{) Environmental Foundation. (/ ~ iii. Recommendation from the Community Development Department to adopt a /2 ~.,, /J, n.J / Resolution approving the slate of Board of Directors for the South Broadway f'J/.11':fr' l'r:. !Englewood Business Improvement District. STAFF SOURCE: Darren tl.fJfJ Q ~ -0Hollingsworth, Economic Development Director.~ 11/. Recommendation from the Human Resources Department to appoint, by Motion, ()/)IX;/ '7-0 1S" a hearing officer for a disciplinary appeal filed by former Office;)~~~~..:. 1 ~IJ;,}A'IJ :f. ~TAFF SOURCE : Sue Eaton, Director of Human Resources. WITT4«/IVW-, v. Recommendation from the Public Works Department to approve, by Motion, ~ contract for the Safety Services Records Room remodel project. Staff (7 ~ recommends awarding the contract to the lowest technically acceptable bidder, f-V IBEC Construction Company, in the amount of $55, 584 and total estimated project costs of $70,399. STAFF SOURCE : Rick Kahm, Director of Public Works~ 1 2. General Dis c us sion . a. Mayo r's Ch o ice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney 's Report. ~ .. ~17-0 Public Service Company Electric Quality of Service Monitoring and Reporting Plan for 2 007 and 2008. ~ Pl a notify th e City of Engl wood d d. Th nk you . Englewood City Council Agenda August 7, 2006 Page 4 15. Adjournment. ~ The following minutes were transmitted to City Council in July 2006. • Alliance for Commerce in Englewood minutes of April 13 and May 1 8, 2006. • Cultural Arts Commission minutes of June 7, 2006 . • Liquor Licensing Authority Telephone Polls of June 21 and July 5, 2006. • Parks and Recreation Commission minutes of June 8, 2006. • Public Library Board minutes of June 13, 2006. • Transportation Advisory Committee minutes of June 8, 2006. Pl as note : If you have a disability and need auxiliary aids or services , please no tify the City of Engl wood (3 03 -7 62 -2407) at least 48 hours in advance of when rvice are need d. Thank you . 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session July 24, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:33 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward , Wolosyn None Also present: Acting City Manager Flaherty City Attorney Brotzman City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Senior Planner Graham , Community Development Director Gryglewicz, Finance and Administrative Services Director Black , Parks and Recreation Economic Development Coordinator Hollingsworth Director Kahm , Public Works Open Space Manager Lee , Parks and Recreation Community Development Manager Stitt Gol f Cou rse Ope rat ions Coo rdinator Pickens , Parks and Recreation Golf Course Operations Coordinator Rhoades, Parks and Recreation Golf Course Supervisor Niles , Parks and Recreation Police Commander Watson, Safety Services Fire Training Services Chief Stovall, Safety Services 5. Consideration of Minutes of Previous Sess ion (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 10 , 2006. Mayor W olosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absta in : Motion carried . Council Members Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley None Counc il Member Barrent ine Englewood City Council July 24, 2006 Page 2 6 . Recognition of Scheduled Public Comment (a) Jan ice Gerten was scheduled to discuss art in Englewood . She was no t presen t. (b) Jim Glasscock , Englewood Masonic Lodge , sa id I would l i ke to than k Cit y Council for you r support of our redevelopment of the ground over there at 3500 South Sherman St reet. .. of our 1.6 acres tha t we have the re . Th is Thursday night , July 2?'h ... you have a flye r in front of you ... we are having a clos ing ceremony . Instead of laying a cornerstone we are go ing to be taking the cornerstones out. In that bu ild ing there are two cornerstones . One of them we know has information in it from when they la id the cornerstone in 1956 for the Englewood Lodge facility , but we also have the cornerstone from the old original Lowell School which was built in 1910 . Hopefully , we w ill find out if there is anyth ing behind that stone ... it is a g rea t mystery. So , th is Thursday night , I would like to invite all of City Council to attend . The refreshments are at 6 o 'clock , a little social and then we will retire to the Lodge room for the closing ceremony . The Grand Lodge of Colorado will be the ones that are conducting that ceremony. The Grand Master and I will be the emcees . We will empty the contents of the box that is behind the cornerstone . I hope what is written in the minutes of the Grand Lodge is what is in that box . I would like to see all the City Council there and then , hopefully , in the next couple of months , we will have a ground breaking ceremony and then ask the Council and/or the Mayor to be present for that ceremony. Thank you very much for your time . Mayor Wolosyn said thank you for the invitation . That is a night my family will be in from Pennsylvan ia and I won 't be here , but I look forward to the ground breaking . Thank you for the invitation . (c) Judy Scott from Relay for Life, said thanks ... l 'm back again and Emily Huff from the American Cancer Society is handing each one of you a tee shirt left from our relay and one of our programs . I wanted to than k you for support ing the 2nd Annual Relay for Englewood . We had a lot of support from the comm un ity as well as the bus inesses . In the program you w ill see some of the businesses listed and the community volunteers . As prom ised when I spoke to you before , we did canvas the neighborhood around the school , just like we did when we did it at the park a year ago, letting them know that we were holding the event and that we would be there all night long with our noise and our lights and that sort of thing . We had a really good response from that. We didn't have any complaints . I have not heard of anything , I don't know if the City heard anything that wasn't passed on to me , but some of the neighbors did come over to see what was going on ... they didn't stay too long ... so we felt that was positive . I also wanted to tell you a little bit about the day itself. We had had no rain all week , then it ra ined all afternoon while we were try ing to set up . It put us a little b it beh ind . Then the Mayor came and she actually volunteered and set up chairs for our survivor dinner while she was wa iting . So , th anks Olga for that. We started our opening ceremonies a little bit late . We were k ind of waiting for the sun to come ou t and the ra in to stop ... it d idn 't. .. so it was ra in ing . Olga was reading the Proclamation that the City C ouncil had issued and as she was doing that , the cloud s were kind of part ing and pretty soon the sun came out. I know that Olga was really smiling , becaus e I bro ugh t th e su n to the Relay and we were a ll ex c ite d. B ut then we realized the crowd was looking up and there was a big rainbow above the stage . It kind of reminded all of us that we were there for a good cause and it made it special. It eventually stopped raining . The first lap we had 24 survivors from the Englewood community and 40 caregivers that were recognized and they led that first lap around the track . Then the teams kept somebody on the track all night long . And I wanted to tell you ... people participate for a number of reasons . We had one person that walked 69 laps and calculated that at 17 .25 miles . He did 69 laps, because his mother died of cancer at age 69 . W e had somebody who walked because her girlfriend 's child died of leukem ia at 10 months old . We had one survivor that was pushed in a wheelchair . And , we had many who walked for lo ved on es that co ul d not wal k . W e had cam p sites set up o n the pract ice field ... that went very wel l. I think if any neighbors were going to complain , it was the ones back there by the practice field and they d idn't. Everybody had a great time . Then the next morning we had the clos ing ceremonies . The Executive D irector of the American Cancer So ciety s po ke and she led the last lap . The last lap was not to reach a finish line , because there is no fin ish l ine in the Relay and there won't be a finish unt il there is el iminat ion of cancer as a major health concern . So , we really appreciate your support and the commun ity 's support for everyth ing that is done . And the results of our second year ... we had twice as many participan ts , we went from 14 teams part ici pat ing to 23 teams and we ra ised over $36 ,000 .00 , wh ich was almos t double the money. It is a wo nd e rfu l growth fo r a second year. It is amazing cons idering a ll the poss ible ca use s th at people are asked to donate to , so for Englewood to come up w ith $36 ,000 .00 in ou r se c ond year ... th at is Englewood City Council July 24, 2006 Page 3 fabulous . The money that we raise ... 60% of that does stay right he re in the community for patient services for people with cancer. We had 24 survivors ... so they took part in that. And the rest goes to research nationwide . There have been many Nobel Prize winners that have been funded by the American Cancer Society. We are part of that bigger cause . So , thanks again for supporting us . I hope you will support us again next year and pass another proclamation as well. Plans are already underway. In fact , there was a committee meeting tonight, just prior to this meeting and people stepped forward to be on the Planning Committee next year . If you would like us to report back on that , we would be happy to . I will bring the Chairperson if you would like . We have two people who have stepped up to be co-chairs for next year . Mayor Wolosyn said I look forward to hearing more about that as the planning progresses . Ms . Scott said okay . Mayor Wolosyn said thank you . I know that our own Jim Woodward was a participant this year. Council Member Woodward said yes , I was . Ms . Scott said yes, he was. Ms. Scott said and hopefully, all of you will step up and be on a team or make a donation for next year's event. Mayor Wolosyn said thank you . (d) Kerry Falcone said I am here tonight because I live in Englewood and I own an ATV, a utility trailer, two vehicles in the process of restoration and I hear that now I am in violation of these codes that have been adopted . I called up the City Manager to find out when these codes were adopted and I see that from 1998 there were some code issues on trash . I had some branches in my alley that were left there by somebody else . The second issue ... of the utility trailers, those codes were adopted in 1998 , 2002, 2003 and 2004 and the off-road vehicle ordinance looks like it was adopted in 2003 and 2004 . I purchased my property prior to that. I purchased my property simply because I did not want to live in a neighborhood with covenants and HOA's. I feel that I am perfectly capable of living my life without those things in effect. And, I am here tonight to request that this be put forth to the taxpayers of Englewood for a vote . And that these properties that were owned prior to when these codes were put into force , be considered to be grandfathered in . That is my proposal and that is why I am here ton ight. The second reason is home owned businesses in Englewood . I have attempted two times since 1994 to start a business in my home at 4541 South Jason Street. I have been told both times that my home was not allowed to have a home business . One of my neighbors operates a business out of his home, along with many other neighbors . And, that is my other issue to the City Council. .. is when was that ordinance or code was changed? Mayor Wolosyn said thank you . Ms. Falcone said okay . 7 . Recognition of Unscheduled Public Comment There were no unscheduled v is itors . 8 . Comm unication s, Proclamation s and Appoin t ments (a) A proclamation declaring August 1, 2006 as Nati o nal Night Out was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE A PROCLAMATION DECLARING AUGUST 1 , 2006 AS NATIONAL NIGHT OUT. May or Wolosyn asked if there w as any discussio n . There w as none. Vote res ults : Ayes : Nays : Motion carri ed . Council Mem bers Barrentine , Mccaslin, Moore, Wolo syn, Woodward, Tomasso, Oakley None Mayor Wolosyn p resented the proclamation to Director Olson . Englewood City Council July 24, 2006 Page4 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), (ii), 9 (b) (i), (ii) AND 9 (c) (i). (a) Approval of Ordinances on First Read ing (i ) COUNCIL BILL NO . 30 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER , COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD , COLORADO AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . (ii), COUNCIL BILL NO . 33 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY, A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . (b) Approval of Ord inances on Second Reading (i) ORDINANCE NO . 24 , SERIES OF 2006 (COUNCIL BILL NO . 25 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD , COLORADO , FOR THE ISSUANCE OF FISCAL YEARS 2006 , 2007 AND 2008 STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT. (ii ) ORDINANCE NO . 25 , SERIES OF 2006 (COUNCIL BILL NO . 26 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE GRANTING A UTILITY EASEMENT TO QWEST TELECOMMUNICATIONS CORPORATION (QWEST) FOR INSTALLATION OF A BURIED TELEPHONE SERVICE AT 2900 SOUTH PLATTE RIVER DRIVE (LITTLETO N/ENGLEW OOD WASTEWATER TREAT MENT PLANT) AND 2800 SOUTH PLATTE RIVER DRIVE (E N GLEWOOD SERVICENTER). (c) Res oluti o ns a nd Mot ions (i) RESOLUTION NO . 70 , SERIES OF 2006 A RESOLUTIO N AUTHORIZ IN G THE EXTENSION OF A UNIFORM SUPPLY CONTRACT INSTEAD OF THE CO MPETITIV E BID PROCESS UN DER SECTIO N 116 (b) OF THE HO ME RULE CHARTER A N D SECT ION 4- 1-3 OF THE E NGLEWOOD MUNICIPAL CODE 2000 . Vote res ults: yes : Counc il Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : Non e Englewood City Council July 24, 2006 Page 5 Motion carried . 10. Public Hearing Items (a) Mayor Wolosyn said th is is a Public Hear ing to discuss the proposed lease of property and golf course design related to the planned Sheridan Urban Renewal Author it y redevelopment project. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO DISCUSS THE PROPOSED LEASE OF PROPERTY AND GOLF COURSE DESIGN RELATED TO THE PLANNED SHERIDAN URBAN RENEWAL AUTHORITY REDEVELOPMENT PROJECT. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays: None Motion carried and the public hearing opened . All witnesses were duly sworn . Mayor Wolosyn said Douglas Garrett who was our former Mayor , and helped begin the discussions with Sheridan, agreed to stay on as our gratis counsel. We are so grateful to have the same voice helping us w ith this discussion . She said thank you Doug . Douglas Garrett, an Englewood resident , said I'm special counsel to the City Council. At this time I would like to submit Proof of Publication of the Notice of Public Hearing . Approx imately a year ago, City Council directed Jerrell Black and I to start discussions with Miller Weingarten on the possibility that the City may be interested in entering into a lease with the developer for a portion of the golf course . The development runs , basically , from Brady Court on US 285 , swings around , h its Santa Fe and then swings south to Oxford . It represents approximately 53 or 54 acres of the golf course . After several months of negotiation an agreement and principles were reached and we had a public forum in July of 2005 . I am happy to report that , in essence , the principal terms from that publ ic forum have not changed , with a few minor exceptions . This hearing is the culmination of a year long process of working out the details of a very complex negotiation that involved environmental issues, golf course issues, lease issues, fill dirt issues and a variety of things . He said , why is Englewood considering doing this lease? The major reason is the ab ility to take an amenity ... which is our golf course ... and upgrade it substantially. As we all know , rounds in the Denver area have been going down a nd the efforts to enhance our golf course ... improve the front side, the Par 3 and the driving range ... make people want to come and play our golf course more . To th is end , the Dr iving Range , Par 3 and the front nine will sh ift to the we st utilizi ng some of the property tha t we own on the west side of the river , bu t east of the back nine . The developers engaged D ye Des igns under the direction of Perry Dye, who is here th is even ing , to complete th at desi gn a n d aft er many efforts at work ing on des igns , we now have what we call Concept-K which is designed for the golf course . It is poste d in the lo bb y here fo r peop le to see. It is estimated that the construction of the golf course will be approximately 5.5 million dollars . That is about a million more for the developer than we estimated last summer. During the construction and for a period of two years thereafter , Englewood is protected for our loss of profits, as well as our expense shortfall that we have during that interim . It is anticipated that in September of this year construction of the new front nine, Par 3 and Driving Range will commence and it will be compl eted in M ay of 2008 . During that time, the Club House and its facilities , including the restaurant an d the back ni ne, will re main ava ilabl e to the pub lic . Als o , becau se o ur Jun ior Prog ram is very impo rtant to the City, the developer w ill be pro vid ing a temporary faci li ty ... sort of on th e wes t si d e of the prop erty next to the Club House ... for that program next sum mer. No w the lease itself, w hich is before us this evening, is a 20 year lease with three 20 year options . Englewood would be paid 4 .19 million dollars up front for the lease , minus $150 ,000.00 that has been previous ly deposited with the City to cover our negotiating expense . That is a little bit down from the 4 .25 million that we talked about last year , but we also now have $90 0,000 .00 for the aggregate in total for the option periods over the next 60 years . In addition, the developer and the City have agreed to an additional payment of $650,000 .00 to help reflect the need for the City to have oversight on both the golf course and the lease property developments. As you might suspect, as the landowner of a landfill , there are lots of environmental issues that we had to deal with . Because of our status as the owner, we have liability on that former landfil l. As a result of this development, we have been able to shift a major port ion of that liability to the developer. Because of that shift, the developer has been working on a cleanup plan. The Englewood City Council July 24, 2006 Page6 developer has developed a voluntary cleanup plan with the Colorado Department of Health and Environment for both the lease property and the golf course that will mitigate a Jot of the pollut ion that is now with that landfil l. The City will receive insurances, indemnifications and guarantees for any of the environmental risks that ha ve been shifted . There are several documents that are important. First is the lease . That property will be used by the developer to develop its retail proj ect. The agreement is with the Sheridan Redevelopment Agency . The C ity of Sheridan created an Urban Renewal Distr ict for the development of the project. It is my understand ing that this Agency will discuss this matter on Wednesday n igh t. There is also an Ass ignment and Assumption Agreement, which the Sheridan Redevelopment Agency will assign its obligations under the lease to Weingarten Miller Sheridan, LLC , which is the developer of this project. There will be a guarantee for many of the obligations . That guarantee will be with Weingarten Realty Investors , which is a publicly traded real estate investment trust with a net worth in excess of one hundred million dollars . Of course , there is a development agreement for the golf course, which will include those items I discussed previously. Now even with the passage of the lease tonight and if Council passes it on second reading in August , the lease does not go effective unless there is a closing . And so, all of the agreements must be finalized and executed before that can take place . Many people at the City have worked on this project. I think I would like to recognize some of those folks this evening . We have had some outside help from Mike Miller, Norm Higley, Dave Robbins , Jennifer Hunt , Bill Major, Serge Hanson , Bruce Behrer, Liz Payson and Denise Larson . Your own City staff under Public Works with Rick Kahm , Dave Henderson; Parks and Rec with Dave Lee, Bob Spada and Jerrell Black and Wayne Niles; and others include our City Attorney Dan Brotzman and Gary Sears and Mike Flaherty from the City Manager's office . These people have put in a lot of time over the last year to make this project happen . I can take some questions now. We also know there will be other people making public comment. Because of that, we have all the experts here that were working on this project. . .from environmental to legal to golf course design ... to help answer questions from the citizens ... either in this public forum or after the Public Hearing closes, we will retire to the lobby where we have the draw ings and will be able to answer everybody's questions informally in that environment as well . So , I will answe r any questions you have now or I will be glad to come back and address some of the issues that are raised . Mayor Wolosyn asked if Council had any questions . Council Member Barrentine said would you have the people who have worked on that. .. that would be able to answer people 's questions out there ... please stand up? Mr. Garrett said yes and asked them to please stand up ... all those who can answer questions . Ms . Barrentine said thanks Doug . Steven Hoelter , an Englewood resident , said I am in opposition to this . One ... l th ink 80 years is too long . haven 't heard anything yet about who is going to fund all the infrastructure , but I am sure that will be addressed here ton igh t. I went around door to door ... I found out abou t th is meeting in the Englewood Herald . It wasn't in th e l ittle Ci ti zen paper , except under Council Meeting . Not everybody takes the Herald . I wen t around door to door to a lo t of my neighbors and they did n't even kno w an ything about th is proj ect go in g o n . A lot of people went. .. w hat? So, I t hin k you g uys le t the public kn ow, but you really d idn't try to let all the Englewood citizens know. I think the Englewood Herald could have posted this meeting maybe a week earlier. People that subscribe to the Englewood Herald get it on a weekend and had that story been printed a week ago , maybe we would have had some more people here tonight on this , because I don't think everybody is in favor of this . In my opinion, this is just another give-away ... corporate America . It's like these guys already went to Sheridan and let Sheridan use eminent domain to throw people off their property. This is about. .. I am going to use the wo rd greed ... yo u kn ow , yo u steal the prop e rt y from a lo w income owne r and you give it to a richer business man . Okay? This is go ing to be noth ing b ut pr ob lems . An d how about 20 years in between pa y ments? Boy , I would like a loan like that. W e are not a finance company . W e are not a loan company. How are we protecting ourselves in case these guys decide to declare bankruptcy? A lot of corporations these days are finding it convenient just to declare bankruptcy to get away from paying their responsibilities . You know , maybe if we could see that the money would be put up ... all the money that is involved, except maybe the upfront 4 point million ... was put into an escrow account, that way we would have some protection and some leverage in case something happens . Who is to say that the economy is not going to go on another downturn and consumers are going to cut back on their spending and businesses won 't be renting . What is to protect us in case they say ... hey, we're not renting property ... you know, we can't pay our bills . And the other th ing about it is, is that corporations after corporations , they get handouts from the US government, they get handouts from the State , they get handouts from the County and now they are coming here asking us citizens to give them even more . Englewood City Council July 24, 2006 Page7 You know , we 're broke , we're strapped , we can 't take it anymore . Handout after handou t.. .it is like ... when will these guys learn to pull themselves up by their own bootstraps ... come in and bargain fairly , pay fair market value for their land, operate transparently and honestly and stand on the merits and quality of their own goods and services. The day and age of just corporate welfare . These are the first people at the top to complain about anybody on the lower end of the social ladder collecting anyth ing from the Social Assistance program . An average working man ... you collect an unemployment check ... people at the top just condemn you because you are do ing it. I encourage City Council to reth ink th is lease ... make it a whole bunch more favorable to us or just say no to it. There is nothing wrong w ith that. How many shopping centers do we need within two or three miles of each other? And the other fact is, this is going to do nothing but suck tax base revenue from our area of town ... being so close . I don't see why you guys are even talking about th is in the beg inning . We struggle hard . You guys worked this really good to get Cinderella City, because you had to have the tax base . But now we are going to lose it. I don't think it is fair to these homeowners . We work hard for what little bit we have, but yet we are going to give more and more and more to the big guys that can afford to stand up . Like you said , these guys are worth what. .. over a hundred million dollars? Let them stand up on their own ... quit asking for a discount. They have already hosed the citizens of Sheridan ... supposedly . That is my opinion on it. I appreciate it and thank you very much for listening to me . I encourage you guys to say no and I encourage you homeowners to encourage your Council Members to vote no on this or at least get us a better deal. I think that 80 years is too long and 20 years between payments ... that's no, no . You bring them more into line . Mayor Wolosyn said thank you sir. Even though we don 't usually clarify things, I would like to clarify ... Mr . Hoelter said no, no , I will be done in a second . [Clerk 's note : There was no further comment.] Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . There was no one . Responding to an inquiry from the audience , Mayor Wolosyn said we will have the first reading of this issue in the next part of the meeting . Council Member Barrentine sa id, Olga, would you explain what the process is then? Mayor Wolosyn said this is a Public Hearing that comes before we vote on this issue of the ground lease . In addition to this Public Hearing , I think we opened a public meeting on this , when Doug Garrett was Mayor. And we had public meetings that weren 't in this venue , they were over in the Community Room ... several of those for people to come and look at the designs . This is a process that has been discussed for two years and Council really did work hard to make sure that we got market value and that we got to have a golf course better than the one we have now . I think I speak fo r everyone here when I say that we took this seriously and we know we hold a trust for the people of Englewood and we believe we got a very good deal for the future . So , that said , would anyone else w is h to approach the pod ium , befo re I ask for a close of this Public Hear ing? There was no one . COUNCI L MEMBER MOORE MOVED , AND IT WAS SECONDED , TO CLOSE THE PUBLIC HEARING TO DI SC USS T HE PROPOSED LEASE OF PROP E RTY AND GOLF COURSE DESIGN RELATED TO THE P L ANNED SHERIDAN URBAN RENEWAL AUTHORITY REDEVELOPMENT PROJECT . Ayes : Co uncil Members Barrentine, Mccas lin, Mo ore, Wo lo syn, Woodward, T omasso , Oakley Nays : None Motion carried and the p u bl ic he a ring clo sed . 11 . Ord inances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Black presented a recommendation from the Parks an d Recreatio n Depart ment to adopt a bill for an ordinance approving a Property Lease Agreement with the Sheridan Redevelopment Agency pertain ing to the redevelopment of the Englewood Golf Course . He said I think Mr. Garrett did a very thorough and complete job of going through the lease , the detail related to the key elements of the lease , related to the Golf Course and the benefits to the City. I would like to add a couple of comments . First. .. about the golf Englewood City Council July 24 , 2006 Page 8 plan . If you recall , about a year ago we put a plan together . We called it Concept Band we followed the alphabet. We had Concept H , H-1, H-2 and we had I, 1-1 , 1-2 and in fact , we ended up with about 30 different concepts before we agreed on a plan . All of ou r staff looked at it. We had input from the Clubs and we feel that Mr . Dye will be building a better golf course than what we have now . And , we th ink it will be a great asset to the City and to the community and to the user groups of the golf course . I would also add ... as a follow-up from Mr. Garrett 's comment about the Sheridan Redevelopment Agency ... they are scheduled to consider a resolution approving the lease agreement on Wednesday evening , the 26 1 h of July. He said I would be happy to answer any questions that you may have . Mayor Wolosyn asked if there were any questions . Council Member Barrentine said I would like a couple of the issues addressed, that the gentleman brought up and maybe Doug would feel more comfortable answering them. Because we have been through this process and certainly not all of us were in agreement during the course of the year . We have gone through a lot of different conversations and debates about the land value , how it was going to be paid to us and what the benefits were to us and I wondered if you might be able to address , succinctly, what the benefits are to us as far as the land value, the issue that he brought up about the payment. .. what we are receiving in exchange for the piece that we are leasing ... and the money amount tied to that. I would appreciate that. Mr . Garrett said I would be happy to . In essence, the lease w ill include a payment of 4 .19 million dollars up front, of which the City has already received $150,000 .00 of that. Ms. Barrentine said and when you mean up front ... in what period of time? Mr . Garrett said at the time they close on the deal and the lease becomes effective, that payment is due . Ms . Barrentine said we will receive what, the whole 4? Mr . Garrett said the 4.19 million dollars . Ms . Barrentine said okay. Mr. Garrett said that will be paid m inus the $150 ,000 .00 that was prev iously pa id . The $900 ,000 .00 that will be paid over time , is for each renewal term in 20 years ... that will be pa id . So that payment stream , from the City 's viewpoint , was worth , in today 's dollars , about $60,000.00 . So on today's money we consider that a huge amount. So we will get 4 .19 million up front, we will get $900,000 .00 over time and in addition since last years forum, we have negotiated with the developer another payment of $650 ,000 .00, which will also be up front to help defray the costs of oversight of the lease property as well as the golf course construction . Ms . Barrentine said could you please compare that with what the market value is for that property. Mr. Garrett said being that it is landfill property? Ms . Barrentine said yes. Mr. Garrett said I think Rick may have a better recollection ... if I recall , we thought the total value of the property was in the 4 million dollar range, as raw dirt. So we look at it as roughly 4 mill ion dolla rs of raw d irt if we were to sell it, because it is on a landfill . And so in essence , when you look at the payments ... we have 4 .19 million up front, another $650 ,000 .00 plus ... wh ich is an important plus ... is the redo ing of our golf cou rse , wh ich our current budget is around 5.5 mill ion dollars . Ms . Barrentine sa id and who w ill be paying that ? Mr . Garrett sa id that will be the developer . Ms. Barrentine sa id okay, so in tota l what are we rece iving fo r that property? Mr. Garrett sa id in qui ck math ... Ms . Barrentine said but we are leasing th e property , we are not sell ing it, I 'm sorry , so ... Mr. Garrett said we are leasing the pro perty . It will be roug hly 10 ... 10 .2 million dollars . Ms . Barrentine said and we still retain the property. Mr. Garrett said after 80 years the property comes back to us . Ms. Barrentine said but not in the same condition. Mr. Garrett said it is up to the lessee to return it to us either in plain condition ... where they take down the buildings ... or they return it to us with the buildings in tact. Ms. Barrentine said and the work and money that is going into taking the landfill piece out of it? Mr. Garrett said that will be paid for by the developer as w ell as the infrastructure items with the City of Sheridan . Ms . Barrentine said so in addition to the money that w e are re cei vin g , we wou ld al so have now owned pro perty that is not as much a la ndfill as what we gave them. M r. Garre tt sai d plus uti lities, because curre ntly there are no utilities . There are also add itio nal payments to cover our lost profits on the golf course during the construction period and for two years as well as to cover our expense shortfall up to the tune of 1.1 million dollars . Those are unknowns, because we don 't know exactly what those w ill be, but those are also covered . Ms . Barrentine said thank you . Council Member Woodward said if we were to say no , could the developer go forward with this? Mr . Garrett said the answer is yes ... the developer had proposed a Plan A, Band C initially . I will have the wrong order as I can't remember exactly , which one was A, Band C, but one of them included doing this development without use of any golf course property at all , so they were planning to go forward with the development even if the course golf was not involved . Mr. Woodward said as a part of our negotiations , we attempted to protect our investment here at City Center and our retailers ... that Is Wal-Mart , Sports Author ity, Office Depot...whereas Englewood City Council July 24, 2006 Page 9 they will not be tenants over there . Mr. Garrett said there is a specific covenant regarding Wal-Mart. There are also some covenants dealing with sporting goods retailers , as well as office supply companies . Mr. Woodward said correct and one of the considerations I know we had as a Council was that protecting as much as we could , was an important issue if, in fact , they could move forward without that particular piece of our land. Mr. Garrett sa id right. Mr. Woodward said is it typical in a land lease agreement like this to get the rental amount on a 20 year lease up front? Mr. Garrett said no, we requested ... which goes also to the gentleman's question ... if something should happen to this development in the out years , the view of the City is that we receive the benefits that we were seeking , which is up front payment , as well as our golf course , and whether the development was successful or failed ... was not as important a criteria for the City. Mr. Woodward said would it be typ ical at the end of a lease term and during a renewal term, if somebody had exercised their option to renew, to then receive full payment for the renewal period or to receive payment at that time? Mr. Garrett said sometimes there is an option price. Mr. Woodward said okay . Also, within the lease agreement , and one of the items that we had discussed in the past, was that Miller Weingarten was going to use their best efforts to get the City of Sheridan to participate and cooperate in the South Platte River Open Space Plan . Do you know if anything has happened with that as of yet? Mr. Garrett said I don't know if anything has been moving on that front as of today, but then the lease is not effective as of today . Mr. Woodward said yes, I know the lease addresses it. Mayor Wolosyn asked if there was anything else . Council Member Barrentine said I appreciate the questions that were brought up and I wanted to let everyone know that we had those same questions as well ... that we wanted those protections and we wanted to make sure what our options were and whether this was in the best interest of the City. I thought you brought up some very good questions and I wanted you to be able to hear some of that information just a little bit more. ( Mr. Garrett said through this process there have been a lot of questions by Council. Council Member Barrentine said thank you very much . I appreciate it...you did a very good job on that. Council Member Tomasso said Doug , we have easements for roads also? Mr. Garrett said we have easements for access points on the frontage road ... two easements to access the frontage road ... that will run , roughly, along the western property line of the new development. Mr. Tomasso sa id and we did that in case in 40 years golf is not a popular sport and we want to redevelop the golf course ourselves, we now have access? Mr. Garrett sa id we would have access points on the frontage road and we would still have our access po ints on Oxford. Mayor Wolosyn asked if there was anything else . There was noth ing . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNC IL BILL NO. 28. COUNCIL BILL NO . 28, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR A N ORDINAN CE AUTHORIZI NG A PROPERTY LEASE PERTAI NING TO THE R E D EVELOPM ENT OF THE ENGLEW O OD GO LF COURSE . Mayor W olosyn asked if there were any c o mments or discussion . Mayor Wolosyn said I w ould like to add my thanks to everyone who has worked so hard on this for the past two years . Mr. Garrett said we will be available in the lobby for people who have additional questions . Ms. W olosyn said thank you Doug for coming out. Vote resul ts: Ayes : Nays: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley None Englewood City Council July 24, 2006 Page 10 Motion carried . (ii ) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department to adopt a bill for an emergency ordinance creating the South Broadway Englewood Business Improvement District (BID) pursuant to Colorado Revised State Statutes§ 31 - 25 Part 12 . He sa id tonight we have an emergency ord inance on first reading , creating the South Broadway Englewood Bus iness Improvement District. The special assessment district is being requested by the merchants to enhance the economic vitality of the South Broadway commercial corridor from 285 north to Yale . Pursuant to State Statutes, Council conducted a Public Hearing on July 101 h and at that time evidence was presented to Council that demonstrates all conditions imposed by the State Statutes have been met in this case and could go forward with the creation of the Business Improvement District. He said if Counc il has any questions , I am able at this time to respond to tha t. Thank you . Council Member Woodward said I am very much in favor of this BID and really support it. I think businesses should be doing what they can for business and I think that is great. The question for you ... on the sample first year BID operating budget , under Financial Impact. .. in your written information . Just to clarify. The City Council approved a $30,000 .00 loan a year ago , about a year ago , and I think we need to address that.. .if not now ... at some point. Whether that is being paid back, whether that is being forgiven, whether a portion is being forg iven? Those types of things . Mayor Wolosyn sa id I think that is something that can come after this and at a Study Session . That is an appropriate discussion . Mr . Woodward said okay. Mr . Hollingsworth said Council Member Woodward , we discussed that item briefly at a Study Sess ion abou t a month ago . The BID is not formed at th is t ime and Counci l looked at making a decision once the BID was formed and once they were an actual entity . Also , there may not be a loan or grant to forgive , unless the BID gets created in the first place . So, that decision might be more timely at a later point. Council Member Mccaslin said I still have some questions . I have talked to some merchants that are south of Hampden ... up toward Bellev iew . I know in that discuss ion , if I am correct , that they were invited to join . And the guys that I have talked to said they had no idea what is going on . I would just hope that we could extend this to all of Broadway . Why are we just taking th is from Hampden to Yale ... why don 't we extend it all the way on Broadway to all the Englewood businessmen ? That is my concern about it. Mr. Hollingsworth sa id the larger BID study a rea included , bas ically , areas on the south side of 285 all the way towards the Swedish area . The core area t ha t the bus inesses have expressed an interest in is those bus inesses that have like ideas and are willing to support those ideas with an increased tax , to do a var iety of thing s ... includ ing market ing, image and pub lic safety. The re wa s a larger study area cons ide red on th e f ro nt end , but there was not as much support w ithin those areas to self-tax themselves . Th at core level of support was ... 285 to Yale along Broadway and there is a chance that the District can grow over time should merchants outs ide the District want to participate and become a part of the BID . Mr. Mccaslin said okay . Mayor Wolosyn asked if there were any other questions . Council Member Barrentine said I had some comments from people w hen they found out and saw this listed as an emergency ordinance and I thought you might address that. You can tell me whether my explanation to them was correct. Because this is property owners and this is going to be assessed on a property tax basis , they wanted to have an area and then they had to petit ion that area ... get at least 51 % of the property owners by property volume in that area to agree to this ... unt il that piece happened , until that petition piece ha ppened , we had noth ing to decide on and nothing to put on the ballot. Now that that piece has gone through , we need to move forward in order to make th is time ly so that th is can get on the ballot and be decided by all of the me rchants in that area ... they w ill have the opportun ity to vote on tha t. .. but the emergency piece of th is is only to be t imely so that it could go ahead and get on the ballot. Is that correct? C ity Atto rney Bro tzman said tha t Is correct. Englewood City Council July 24, 2006 Page 11 Mr. Hollingsworth said that is correct , yes . As Mr. Brotzman stated , it is correct. It is about getting this on the ballot in a timely manner ... with the 30 day window when a traditional ordinance passes on final. . .it wouldn 't be able to meet State Statutes and State Statutory requ irements , so the BID legal counsel requested an emergency status on the ordinance . Council Member Barrentine said because this is still not something we can put into place . Somebody else will still be voting on this and whether they tax themselves or not. .. that is not something we are putting into place , it is just that we are allowing tha t vote to happen by doing this . Mr . Hollingsworth said exactly and it is based on timing . She said the second piece of the question ... and I know this has been addressed , but just for the record ... what is the affect on non-profit businesses , are they included in this? And do they have a vote? Mr. Hollingsworth said the BID counsel that has been selected is here this evening, Mr. Marcus McAskin . He might be able to respond to that. There are some exempt properties ... non-profits I believe. It has to be a for- profit business to be subject to the special assessment, as I understand it. [Clerk 's note : Mr. McAskin offered additional comments that were unclear.] Council Member Barrentine said okay, I just wanted to clear that up. Thank you. Mr. McAskin said there is a statutory procedure whereby business owners in that portion of Broadway south of Hampden could petition the BID for inclusion . And then that question of whether or not the inclusion should be granted is ultimately subject to the approval of this Council. So the request for inclusion does come back before this body. The Business Improvement District acting alone cannot act on that petition for inclusion or exclusion so, ultimately, the decision will lie here . ( Council Member Barrentine said so actually the process of being included is much easier than starting the BID . Once the BID is in place, you can go ahead and expand it eas ier than it is to take a large area and try to do the BID . Mr . McAskin said that is correct. I would think that there is slightly less involved with the inclusion effort than there would be with the original formation effort . But, I think the important po int I wanted to make is that any inclusion would, ultimately, be decided by this Council. Council Member Moore said even l ike th is process, what we would decide is that everything can go forward . Even if they get expanded, the group in the expanded area would vote . Mr. McAskin said correct. Mr . Moore said so , to be clear, one of the objections we had in the Publ ic Hearing was asking Council to stop this . Council was , in this case , more or less making su re procedures were followed and allowing these individuals to make decisions about their area and ultimatel y they a re the ones that decide ... and even on the inclusion , in later years ... w e a re j us t m aking sur e it makes sense. Ulti mately those add iti on al peop le vo te a s to whethe r or not that is appropriate for their area . Mr. McAskin said I think that summary is very apt. I mean , Council would be agreeing on a defined boundary of an inclusion area. Those business owners and electors within that boundary would then be deciding on whether or not to subject themselves to the special assessments of the Business Improvement District. Mayor W olosyn said are t here any other questions or comments . There were none. Mayor Wolosyn said thank you Darren . COUN C IL M EMBE R T OMASSO MOVED, AND IT WAS SEC OND ED , T O APPROV E AG ENDA IT EM 11 (a) (ii) -COU NC IL BI LL NO . 29. COUNCIL BILL NO . 29 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY. Englewood City Council July 24, 2006 Page 12 Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said I would like to say well done to all the people in the business community who worked so hard on this. (iii) Senior Planner Graham presented a recommendation from the Community Development Department to adopt a bill for an ordinance for Englewood to enter into a Construction Agreement with the South Suburban Parks and Recreation District to construct trail improvements for bicyclists and pedestrians along the South Platte River . He said this is an agreement where South Suburban would be posting $125,000 .00 of matched funding for, approximately, a $340,000 .00 trail project where we would be expanding the trail for about a half mile from Girard Avenue to about Bates Avenue on the west side of the Platte River. This project was entered into a competition in 2005 where we applied for Arapahoe County Open Space Grant dollars and originally the City had posted matched funding . South Suburban , as a partner, has agreed to provide that if we would manage the project and provide the contingency funding . So , the City will leave the existing funding in place for the duration of the project , but accept the matched funding from South Suburban . If there are savings on the project, they would get the savings . Add itionally , our funds could be reprogrammed back into other projects at the conclusion of the trail project. The project, basically, addresses three issues : capacity, safety and the aesthetics of the trai l. There will be trees planted , guard rails installed and a crusher fines path installed where there is w idth ava ilable . An additional concrete width will be added whe re the trail was too narrow for the crusher fines. Staff would recommend that Council adopt a ordinance to accept the construction agreement with South Suburban Parks and Recreation District. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 31. COUNCIL BILL NO . 31 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION AGREEMENT REGARDING CONSTRUCTION OF THE TRAIL EXPANSION AND BUFFER PROJECT RELATED TO THE MARY CARTER GREENWAY TRAIL BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS DISTRICT. Mayor Wolosyn asked if there was any discussion . There was none . Mayor Wolosyn said thanks Mark . Vote resul ts: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None (b) Approval of Ordinances on Second Reading There were no addit ional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motion s Englewood City Council July 24, 2006 Page 13 There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda.) 12 . General Discussion (a) Mayor's Cho ice (i) Mayor Wolosyn said I think we can 't thank Doug enough for all the time that I know he has put into this , given his very busy schedule . And for me , it allowed me a lot of peace of mind and sort of the transition into being Mayor, with a whole new Council , to have someone who had worked so hard already on this issue, to be able to articulate those issues for us . (ii) Mayor Wolosyn said the National Brownfields Association had talked to Council a few weeks ago about becoming members . They are starting a Colorado charter and they called today and asked if we could host their initial organization meeting and they do everything . They pay for everything. The only thing is that they would use the Community Room ... we would give them the Community Room without charge . I think it is a no-brainer, but I wanted to see if I had consensus from Council. There was consensus . (b} Council Members' Choice (i) Council Member Barrentine said it is good to be back . I've traveled about 2500 miles around most of the mid-west. It is really nice to be home . I am glad that all the family emergency issues have been resolved and am glad to be back . Mayor Wolosyn said welcome back . Ms . Barrentine said thank you . (ii) Counc il Member Moore sa id I wou ld just like to take a moment to note some very pleasant interactions with the City staff that I have had over the last cou pl e f , e eks from an alley compla int from one of the citizens in my District, that Publ ic Works took care of -ry quit, , to some drug activity that my wife and I were noticing in Romans Park . The Police were able to respond to that within minutes and actually catch them . I think they said it led to three points of arrest, I've forgotten wh at the term was , but they were actually able to address a drug problem in a nearby park . And then I was , unfortunately , witness to a vicious dog attack and was able to work with Code Enforcement to make sure the situation was properly documented . As usual, I think we have a very fine staff ... and across the board it was a pleasure working with all of them involved in just this recent slate of activities . (iii) Counc il Member Oakley said I too would like to than k Doug Garrett for continu ing to work for us . As you know , I took his seat in D istrict 4 ... and I have only been on Council a short t ime , but I fel t very assured that Doug was caring for us . (iv) Council Member Tomasso said I would also like to thank Doug for all his hard work and taking a great deal of burden off the rest of us in having to figure out all those little details and facts and attend all those meetings . I think it was really nice of Doug to volunteer and see the project through . (v) Council Member Woodward said I would like to acknowledge Doug also for his expertise . [Clerk's note : Mr . Wood ward made additional comments that were unclear.] 13 . City Manager's Report (a) Acting City Manager Flaherty said I am sitting in tonight for Gary Sears . Gary will be returning from Germany later this week and w ill be back in the office on Monday . (b) Acting City Manager Flaherty said I would also like to thank all the consultants and staff involved with the Golf Course Project and to say that most of those folks will be busy for another couple of years implementing the plan . 14 . City Attorney's Report Englewood City Council July 24, 2006 Page14 (a) City Attorney Brotzman said I too would like to acknowledge all the consultants, including our unpaid counsel, Mr. Garrett, who put in such an incredible amount of work on this project. 15. Adjournment SYN MOVED TO ADJOURN . The meeting adjourned at 8 :32 p .m. ~~-! r ( ORDINANCB NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD, COLORADO AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . WHEREAS, the City of Englewood, Colorado (the "City"), and the City and County of Denver, Colorado (the "Issuer"), are each authorized by the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes, as amended (the "Act"), to finance projects as defined in the Act , including residential housing facilities for low and middle income persons and families ; and WHEREAS , Section 29-3-104(2) of the Act provides that a county or municipality may delegate by resolution or ordinance, as the case may be , to any other county or municipality authority to act on its behalf in the financing of projects under the Act and that any such delegation may be general or limited in scope and time and may be irrevocable for the term or terms of any financing agreement or bond issue , all as provided in such resolution or ordinance ; and WHEREAS , contingent upon the receipt of private activity bond volume cap allocation ("Allocation") from the State of Colorado (the "State") for use in the Single Family Mortgage Loan Program (as hereafter defined), the Issuer proposes to issue single family home mortgage revenue bonds pursuant to the Act (the "Bonds") to finance residential housing facilities for low and middle income persons and families within the City and other cities and counties in the State of Colorado (the "Single Family Mortgage Loan Program"); and WHEREAS, the City desires to delegate to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City ; and WHEREAS, it is necessary to evidence s uch delegation by the execution and delivery by the City of a Delegation Agreement (the "Delegation Agreement") attached as Exhibit A; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -1- 9b i Section 1. In order to facilitate the originati on of single family mortgage loans within the boundaries of the City as part of the Single Family Mortgage Loan Program , the City hereby (a) delegates to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City and (b) approves , and authorizes and directs the Mayor of the City to sign and the City Clerk to attest and deliver the Delegation Agreement in substantially the form presented at this meeting . A copy of the Delegation Agreement is on file in the office of the City Clerk and is available for inspection by the public . Section 2. The Council hereby approves the Bonds and the Single Family Mortgage Loan Program for purposes of Section 147(t) of the Internal Revenue Code of 1986 , as amended. Section 3. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Delegation Agreement and this Ordinance, including any agreement or certificate approving the Bonds or the Single Family Mortgage Loan Program for purposes of Section 147(t) of the Internal Revenue Code of 1986, as amended. Section 4. Nothing contained in this Ordinance or the Delegation Agreement shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers . Section 5. The participation of the City in the Single Family Mortgage Loan Program is contingent upon the receipt of Allocation for the Single Family Mortgage Loan Program from the State. In the event the State does not award Allocation for the Single Family Mortgage Loan Program , this Ordinance , the Delegation and Participation Agreement , and all duties , obligations and rights of the City under this Ordinance and Participation Agreement shall terminate immediately . Section 6. If any section, paragraph , clause or provision of this Ordinance shall for any re a son be he ld to be invalid or unenforc eable , the invalidity or unenforceability o f any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance . Introduced, read in full, and passed on first reading on the 24th day of July, 2006. -2- ' , (~ Published as a Bill for an Ordinance on the 28th day of July, 2006. Read by title and passed on final reading on the 7th day of August, 2006. Published by title as Ordinance No. _, Series of 2006, on the 11th day of August, 2006. Olga W olosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006 . Loucrishia A. Ellis -3- -~-- r DELEGATION AGREEMENT THIS DELEGATION AGREEMENT (this "Delegation Agreement") is between CITY OF ENGLEWOOD , COLORADO, a home rule municipal corporation and political subdivision of the State of Colorado (the "City"), and the CITY AND COUNTY OF DENVER, COLORADO, a home rule city and a municipal corporation of the State of Colorado (the "Issuer"). RECITALS: WHEREAS, the City and the Issuer are each authorized by the County and Municipality Development Revenue Bond Act, constituting article 3 of this title 29 , Colorado Revised Statutes, as amended (the "Act'), to finance projects as defined in the Act, including residential housing facilities for low-and middle-income persons and families ; and WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may delegate by resolution or ordinance , as the case may be, to any other county or municipality authority to act on its behalf in the financing of projects under the Act and that any such delegation may be general or limited in scope and time and may be irrevocable for the term or terms of any financing agreement or bond issue , all as provided in such resolution or ordinance; and WHEREAS , contingent upon the receipt of private activity bond volume cap allocation ("Allocation") from the State of Colorado (the "State") for use in the single Family Mortgage Loan Program (as hereinafter defined), the Issuer proposes to issue single family home mortgage revenue bonds pursuant to the Act and its home rule charter (the "Bonds ") to finance residential housing facilities for low and middle income persons and families within the City and other cities and counties in the State (the "Single Family Mortgage Loan Program"); and Whereas, the City wishes to participate in the Single Family Mortgage Loan Program ; and WHEREAS , the City desires to delegate to the Issuer the authority of the City of Englewood to finance and otherwise take action and exercise power under the Act on behalf of the City of Englewood with respect to the Single Family Mortgage Loan Program within the City . NOW THEREFORE, in con sid eratio n of the mutu al covenants a nd undertaki ngs set forth herein, the City and the Iss uer hereby agree as fo ll ows: Section 1. The City of Englewood, Colorado hereby delegates to the Issuer the authority of the City to finance take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City . Section 2 . T he Iss uer hereby accepts th e delegation of authority from the City purs uant to Sect io n 1 hereof and agrees to abi de by each of the terms and co nd itions of this D elegation Agreement in connection with the use of such delegation . The Issuer agrees to make avai lab le to the City , a portion of the proceeds of the Bonds for the origination of home mortgages within the City's boundaries . Section 3. The participation of the City in the Single Family Mortgage Loan Program, and all undertakings, obligations, duties and rights of the City and the Issuer under this - Delegation and Participation Agreement, are contingent upon the award from the State of Allocation for the Single Family Mortgage Loan Program. Section 4 . In the event that the State does not award Allocation for use in the Single Family Mortgage Loan Program, this Delegation and Participation Agreement, and all duties , obligations and rights of the Issuer and the City hereunder, shall terminate. If the State does not award Allocation for use in the Single Family Mortgage Loan Program, the City agrees to hold the Issuer harmless for any costs or any other liabilities incurred by the City with respect to the adoption and approval of this Delegation and Participation Agreement, the Ordinance of the City adopted with respect to the Single Family Mortgage Loan Program, or any other City actions related thereto . IN WITNESS WHEREOF, the City and the Issuer have caused this Delegation A~ement to be executed to be effective as of , 2006 . [SEAL] ATTEST: Loucrishia A. Ellis, City Clerk [SEAL] ATTEST : Clerk and Recorder Approved as to form : Assistant City Attorney Countersigned: Auditor CITY OF ENGLEWOOD Olga Wolosyn, Mayor CITY AND COUNTY OF DENVER, COLORADO , as Issuer Mayor • ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY, A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . WHEREAS, the City of Englewood, Colorado is authorized and empowered under the laws of the State of Colorado to issue revenue bonds for the purpose of providing single-family mortgage loans to low and moderate income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended, restricts the amount of tax- exempt bonds ("Private Activity Bonds") which may be issued in the State to provide such mortgage loans and for certain other purposes; and WHEREAS, pursuant to the Code, the Colorado Legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Colorado Housing and Finance Authority ("Authority") and other governmental units in the State, and further providing for the assignment of such allocations from such other governmental units to the Authority; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City of Englewood, Colorado bas an allocation of the 2004 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2006 (the "2006 Allocation"); and WHEREAS, the City of Englewood, Colorado bas determined that the 2006 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Authority to issue Private Activity Bonds for the purpose of providing single-family mortgage loans to low and moderate income persons and families; which assignment is to be evidenced by an Assignment of Allocation between the City of Englewood and the Authority; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The assignment to the Authority for $1 ,299 ,640 .00 of the City of Englewood , Colorado 's 2006 Allocation shall be and hereby is approved . Section 2 . The form and substance of the Assignment of Allocation are approved; provided , however , that the Englewood City Council is authorized to make such technical variations , additions or deletions in or to such Assignment of Allocation , as they shall deem necessary or appropriate and not inconsistent with the approval thereof by this Ordinance . 9 b ii Section 3. The Mayor and the City Clerk for the City of Englewood, Colorado are authorized to execute and deliver the Assignment of Allocation on behalf of the City of Englewood and to take such other steps or actions as may be necessary, useful or convenient to effect the aforesaid assignment in accordance with the intent of this Ordinance. Section 4. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance . Introduced, read in full, and passed on first reading on the 24•h day of July, 2006. Published as a Bill for an Ordinance on the 28th day of July , 2006. Read by title and passed on final reading on the 7th day of August, 2006. Published by title as Ordinance No. _, Series of 2006, on the 11th day of August, 2006. Olga Wolosyn, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006 . Loucrishia A. Ellis { 3/02 ASSIGNMENT OF ALLOCATION This Assignment of Allocation (the "Assignment"), dated this day of August 2006 , is between the City of Englewood , Colorado (the "Assignor") and the Colorado Housing and Finance Authority (the "Assignee"). WITNESSETH : WHEREAS , the Assignor and the Assignee are authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of providing single-family mortgage loans to low-and moderate-income persons and families; and WHEREAS , the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to provide such mortgage loans and for certain other purposes (the "State Ceiling"); and WHEREAS , pursuant to the Code , the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act , Part 17 of Article 32 of Title 24 , Colorado Revised Statutes (the "Allocation Act"), pro viding for the allocation of the State Ceiling among the Assignee and other governmental units in the State , and further providing for the assignment of allocations from such other governmental units to the Assignee ; and WHEREAS , pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the Assignor has an allocation of the 2006 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15 , 2006 (the "2006 Allocation"); and WHEREAS , the Assignor has determined that , in order to increase the av ailability of adequate affordabl e housi ng for lo w-and m oderat e-incom e · person s and fam ilies within the City of Englewoo d and elsewhere in the State, it is necessary or desirable to pro vide for the utilization of all or a portion of the 2006 Allocation ; and WHEREAS , the Assignor has determined that the 2006 Allocation , or a portion thereof, can be uti lized most efficiently by assigni n g it to th e Assignee to issue Private Activi ty Bond s fo r th e purp ose of providing si ngle-fam ily m ort gage loans to low-and moderate-i n come persons and fami lies ("Revenu e Bond s"), an d th e Assignee has expre ed its willingness to attem pt to issue Reven ue Bonds with respect to the 2006 Allocation· and ... WHEREAS, the Englewood City Council by Ordinance __ , Series of 2006 of the Assignor has determined to assign to the Assignee $1 ,299 ,640.00 of its 2006 Allocation , and the Assignee has agreed to accept such assignment, which is to be evidenced by this Assignment. NOW , THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth , the parties hereto agree as follows : I. The Assignor hereby assigns to the Assignee $1 ,299 ,640 .00 of its 2006 Allocation, subject to the terms and conditions contained herein. The Assignor represents that it has received no monetary consideration for said assignment. 2 . The Assignee hereby accepts the assignment to it by the Assignor of $1 ,299 ,640 .00 of Assignor's 2006 Allocation , subject to the terms and conditions contained herein. The Assignee agrees to use its best efforts to issue and sell Revenue Bonds, in one or more series, and to make proceeds of such Revenue Bonds available from time to time during the period of two (2) years from the date of this Assignment for the purchase of mortgage loans in at least the aggregate amount of $1 ,299 ,640.00 to finance single-family housing facilities located in the City of Englewood. Unless otherwise agreed to in writing, the mortgage loans will be subject to all applicable current requ irements of Assignee 's mortgage revenue bond program , including Assignee's income and purchase price limits. 3. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides , to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. 4. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Ass ignment. 5. Nothing contai n ed in this Assignment shall obl igate the Assignee to finance mortgage loans in any particular amount or at any particular interest rate or to use any particular percentage of the proceeds of its Revenue Bonds to provide mortgage loans to finance single-family housing facilities located in the City of Englewood . 6 . This Assignment is effective up on execution an d is irrevocabl e. 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the date first written above. [SE AL] CITY OF ENGLEWOOD , COLORADO By: ------------ATTEST : Olga Wolosyn By: Loucrishia A. Ellis Title: --~C~i'-"t:..Ly~C-=l=e=-rk~--- [SE AL] ATTEST: By: Assistant Secretary 3 Title: Mayor COLORADO HOUSING AND FINANCE AUTHORITY By: Executive Director COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2006 9 Ci Resolution for a Supplemental Appropriation to the Open Space Fund for the Utility Line Educational Tree Planting Project Grant Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this topic, but the Council has made beautification of the City a priority (Outcome: A City that is safe, clean, healthy, and attractive). RECOMMENDED ACTION Staff recommends Council approve the attached Resolution for a supplemental appropriation to the 2006 budget for funds received from the Utility Line Educational Tree Planting Project Grant. OPEN SPACE FUND: SOURCE OF FUNDS: Utility Line Educational Tree Planting Project Grant $3,000 USE OF FUNDS: Tree Grant Program $3,000 FINANCIAL IMPACT There is no net financial effect of this action. LIST OF ATIACHMENTS Resolution RESOLUTION NO. SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2006 BUDGET-OPEN SPACE FUND FOR THE UTILITY LINE EDUCATIONAL TREE PLANTING PROJECT GRANT. WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, the Englewood City Council has made the beautification of the City a priority for the City of Englewood; and WHEREAS, the City has received a grant from the Utility Line Education Tree Planting Project Grant; and WHEREAS, this supplemental appropriation to the 2006 Budget Open Space Fund will fund the Tree Replacement Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2006, as follows: OPEN SPACE FUND: SOURCE OF FUNDS: Utility Line Educational Tree Planting Project Grant $3 ,000 USE OF FUNDS: Tree Grant Program $3 ,000 Section 2 . The City Manager and the Director of Finance and Administrative Services are h ereby authorized to make the above changes to the 2006 Budget for the City of Englewood. ADOPTED AND APPROVED this 7th day of August, 2006. ATTEST: O lga Wolosyn, M ayor Loucrishia A . Ellis, City Clerk - I, Loucrishia A . Ellis , City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A. Ellis , City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2006 11 a i Agreement with South Suburban Parks Foundation for Big Dry Creek Trail Initiated By: Staff Source: Public Works Department Rick Kahm, Public Works Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with COOT regarding funding the construction of the project. • Council approved a motion to award a construction contract for Phase I Trail Improvements on March 1, 2004. RECOMMENDED ACTION Staff recommends Council adopt a Bill for an Ordinance to enter into an agreement with the South Suburban Parks Foundation (SSPF). This agreement obligates the SSPF to reimburse Englewood for all out of pocket expenses and local matching funds related to the design, easement acquisition, and construction related to the Big Dry Creek Trail between Lehow Av enue and Broadway. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1994, Englewood, Littleton, and SSPF cooperated in the preparation of a plan to install a bike trail along Big Dry Creek from the South Platte River to the Highline Canal. A master plan , prepared by Bob Seams of Urban Edges, Inc., proposed the trail alignment, phasing, and fundraising recommendations. Six segments of construction have taken place , completing the trail system from the Mary Car ter Greenway at the Platte River to Lehow Aven ue , as detailed below: Windermere to Belleview (Belleview Park segment) Belleview to Fox (Progress Park segment) Platte River to Windermere Bridge over Platte River Fox to Lehow Avenue (Phase I) Completed in 1997 ($450,000) Completed in 1999 ($200,000) Completed in 2001 ($592,000) Completed in 2002 ($3 07,000) Completed in 2004 ($520,000) The SSPF has taken the lead role in fundraising for the trail system. They receive funding from a variety of sources including contribu tions from pri ate donors, grants from Arapahoe County, and contributions from the Cities of Englewood and Littleton. In addition, Englewood has applied for funds that SSPF is not eligible to receive directly. These include Federal Transportation Funds and c ontribution from the Urban Drainage and Flood Control District (UDFCD). > In 2002 Englewood applied to the Denver Regional Council of Governments (DRCOG) on behalf of SSPF for Federal funds and agreed to be the "local project sponsor" for the two segments (Phase I and Phase II) from Fox to Broadway. The project was selected and Englewood received $600,000 in Federal Funds towards the total estimated project cost of $1,400,000. SSPF agreed to cover the entire local match ($800,000). Because Englewood is the "project sponsor", we are responsible for the project and must oversee and contract for design and construction, per all Federal and COOT requirements of the grant. The segment from Fox to Lehow (Phase I) was completed in 2004, utilizing $482,000 of the $600,000 in available Federal funds. The segment from Lehow to Broadway (Phase II) is currently in the final design stage. Phase II has presented challenges obtaining right-of-way easements . Two property owners (Meister and Lehrer) have not been receptive to offers. Due to the easement issues, Phase II will be constructed in stages. The first stage of Phase II will construct 950 feet of trail under Broadway at an estimated cost of $580,000. This segment will be constructed within existing right-of-way. The other segments will construct a ramp from Broadway down to the trail and complete the trail through the Meister and Lehrer properties (pending easement acquisitions). SSPF has been reimbursing Englewood for all out of pocket expenses related to the project since 2002; however, the agreement is informal. This action will formalize SSPF's commitment to reimburse Englewood in a timely manner. The matching funds related to COOT Contract #M395- 0009 (Big Dry Creek Trail Fox to Lehow) and UDFCD Agreement# 05-12 .01 (Property Acquisition and Construction of a Maintenance Trail). FINANCIAL IMPACT All of the out of pocket and matching funds for the project will be paid for by the SSPF. LIST OF ATTACHMENTS Bill for an Ordinance ORDINANCE NO. SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN, EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEBOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION. WHEREAS, in 1994 Englewood, Littleton and South Suburban Parks Foundation cooperated in the preparation of a plan to install a bike trail along Big Dry Creek from the South Platte River to the Highline Canal; and WHEREAS, a master plan was developed with the proposed trail alignment, phasing and fundraising recommendations : and WHEREAS , six segments of construction have taken place, completing the trail system from the Mary Carter Greenway at the South Platte River to Lebow A venue; and WHEREAS , the Englewood City Council approved Ordinance No. 60, Series of 2003 approving an Intergovernmental Agreement (IGA) with COOT regarding funding the construction of the project; and WHEREAS , the Englewood City Council approved a motion to award a construction contract for Phase I Trail improvements in March of 2004 ; and WHEREAS , the segment from Lebow to Broadway (Phase II) is currently in the final design stage and has presented challenges obtaining right-of-way easements thus Phase II will be constructed in stages; and WHEREAS, South Suburban Parks Foundation has taken the lead role in the fundraising for the trail system , receiving funding from a variety of sources including contributions from private donors , grants from Arapahoe County and contributions from the Cities of Eng lewood and Littleton ; and WHEREAS , Englewood bas applied for funds that South Suburban Parks Foundation is not e ligible to receive directly, th ese include Federal Transportation Funds and contribution s from the Urban Drainage and Flood Control District; and WHEREAS , Englewood applied to the Denver R egio nal Counci l of Governments (DRCOG) for fede ral funds and agreed to be th e "local proj ect spo nsor" for two segments (Pha e I and Phase II) from Fox to Broadway; and WHEREAS , Englewood received $600 ,000 in Federal Funds towards the total estimated project cost of $1 ,400,000 and South Suburban Parks Foundation agreed to co er the entire local match of $8 ,000 ; and -1- \\l\ WHEREAS, South Suburban Parks Foundation bas been reimbursing Englewood for all out of pocket expenses related to the project since 2002 , the passage of this Ordinance will formalize South Suburban Parks Foundation 's commitment to reimburse Englewood in a timely manner ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section l. The Agreement between the City of Englewood , Colorado and the South Suburban Parks Foundation formalizes South Suburban Parks Foundation reimbursement to the City of Englewood , the matching funds for design, construction and easement acquisition for the big Dry Creek Trail Phase II-Lebow to Broadway, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 7th day of August, 2006. Published as a Bill for an Ordinance on the 11th day of August , 2006 . Olga Wolosyn , Mayor ATTEST : Loucrishia A . Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read in full , and passed on first reading on the 7th day of August , 2006 . Loucrishia A . Ellis -2- AGREEMENT THIS AGREEMENT, entered into this day of , 20_ by and between the CITY OF ENGLEWOOD, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and SOUTH SUBURBAN PARKS FOUNDATION, INC., whose address is 6631 South University Boulevard , Centennial, Colorado 80121. WHEREAS , there has been a joint effort by several entities including South Suburban Parks Foundation, Inc . and the City of Englewood to create a trail along Big Dry Creek from the South Platte River to the Highline Canal. WHEREAS, the City of Englewood is the project sponsor for the Big Dry Creek Trail from Fox to Broadway. WHEREAS, construction of Phase I, Fox to Lehow is complete . WHEREAS, Phase II has presented challenges obtaining Right-Of-Way easements because two property owners not been receptive to offers . WHEREAS, a temporary on-street route has been approved by CDOT to complete the link under Broadway. WHEREAS, the on-street route will begin at Lehow to South Delaware, then west on Rafferty Gardens to Broadway with a ramp being constructed within existing Right-Of-Way adjacent to Broadway for access to the trail. WHEREAS, the Phase II scope of work will construct 950 feet of the trail beginning appru.>..i mately 200 feet west of Broadway and terminating at Greenwood Point Apartments approximately 750 feet east of Broadway . WHEREAS, South Suburban Parks Foundation, Inc . will reimburse Englewood for all out of pocket and matching funds related to the design and construction of the Big Dry Creek Trail from Fox to Broadway, over and above the amount fund ed by the COOT/Enhancement funding . WHEREAS, Englewood received a $600,000 grant through the Denver Regional Coun c il of Governments for this project. WHEREAS, Englewood is responsible for the project and must oversee and contract for design and construction, per all Federal and State requirements of the grants from the Colorado Depa1tment of Transportation (COOT) Contract #M39 5-0009 (Big Dry Creek Trail Fox to Lehow) and UDFCD Agreement #0 5-12.0 I (Prope1ty Acquisition and Constructi o n of a Maintenance Trail). WHEREAS, as a part of this joint effo1t South Suburban Park s Foundation, Inc . has been reimbursing Englewood for all out of pocket expenses related to the Big Dry C reek Trail project since 2002, over and above the amount funded by the COOT/En han cement funding. -1- E X H I B I T A WHEREAS, South Suburban Parks Foundation , Inc. agrees to reimburse the City of Englewood in a timely manner, the matching funds for design, construction and easement acquisition for the Big Dry Creek Trail Phase 11-Lehow to Broadway, subject to mutual review and approval by both parties of funding requirements or bids before proceeding. NOW THEREFORE, for mutual consideration , the receipt of which is hereby acknowledged , the parties agree as follows : I . Any final design will be mutually agreed upon by the parties before the bidding of the project. South Suburban Parks Foundation, Inc . shall review and approve the bids before the City awards a construction project or purchases an easement. 2 . Englewood, as the contracting agency, must pay for construction up front; therefore, the South Suburban Parks Foundation, Inc . agrees to reimburse the City of Englewood 's out of pocket expenses, and matching funds for all design, construction and easement acquisition for Phase II of the Big Dry Creek Trail from Fox to Broadway for the mutually pre-approved amounts over and above the CDOT grant funding, within sixty (60) days of receipt of an invoice for these expenses from the City. 3. All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the South Suburban Parks Foundation, Inc. at the following address : South Suburban Parks Foundation, Inc. 6631 South University Boulevard Centennial, Colorado 80121 4 . The terms and conditions of the Contract shall be binding upon each party , its successors and assigns . -2- (_ 5. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be pa1ty hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the South Suburban Parks Foundation , Inc. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above . ATTEST: Loucrishia A. Ellis, City Clerk ATTEST: CITY OF ENGLEWOOD Olga Wolosyn, Mayor SOUTH SUBURBAN PARKS FOUNDATION, INC. ( COUNCIL COMMUNICATION Date Agenda Item Subject August 7, 2006 11 a ii Emergency Agreement for 16" Water Main Replacement at Dartmouth & South Platte River . INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Utilities Department recommends Council adopt a Bill for an Ordinance approving an Emergency Access Agreement with the Department of Natural Resources, Colorado Water Conservation Board for a City of Englewood Pipeline Repair. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Recently a small leak was discovered in the City of Englewood 's water line that is suspended under the bridge at Dartmouth and South Platte River . Because of the exposed water main in this section, it is imperative that the main be repaired immediately. To repair this leak under the bridge, an agreement must be signed allowing a work area of approximately 30' x 30' as w ell as bank access that extends down from South Platte River Drive, both of whic h are owned by the Department of Natural Resources, Colorado Water Conservation Board. Englewood will grade the bank and trim trees on the South Platte Ri ver to enable a crew to c omplete the repairs . Reseeding will be completed as needed. FINAN CIAL IMPACT Due to the emergency nature of this unique water main break, a private contractor, CDM Cons tructors, Inc., which is certified for elevated bucket re pairs, will be retained on a time an d ma t eria l basis . LIST OF ATTACHMENTS Bill for an Ordinance .. ORDINANCE NO . SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD WATER PIPELINE REPAIR JULY 28, 2006", RELATED TO THE REPAIR OF A BROKEN WATER PIPELINE BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES , COLORADO WATER CONSERVATION BOARD. WHEREAS , an Englewood 16" water main pipeline has broken at the location of the shoreline of the South Platte River just north of the West Dartmouth Avenue bridge on the east bank; and WHEREAS , in order to repair the broken water main a work area of approximately a 30' by 30 ' area as well as the bank that extends down from South Platte River Drive which is owned by the Department of Natural Resources , Colorado Water Conservation Board ; and WHEREAS , the passage of this Ordinance will authorize an intergovernmental agreement for emergency access to repair the water main ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The intergovernmental agreement entitled "Emergency Access Agreement City of Englewood Water Pipeline Repair July 28 , 2006", between the City of Englewood, Colorado and the Department of Natural Resources , Colorado Water Conservation Board , attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2 . The City Manager is authorized to execute and the City Clerk to attest and seal the Intergovernm ental Agreement for and on behalf of th e City of Englewood, Colorado . Introduced , read in full , and passed on first reading on the 7th day of August , 2006 . Publis hed as a Bill for an Ord inance on the 11th day of Au gust, 200 6 . ATTEST : Olga Wo losyn, Mayor Lou cri shia A . Ellis , City Clerk -1- I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of August, 2006. Loucrishia A. Ellis -2- .. , OT-ZM006 OZ:ZTPM FROl.t-COLORADO WATER CONSERVAT'ION BOARD 3038664474 T-35T P.OOZ/005 F·DDB EMERGENCV ACCESS AGREEMENT CITY OF ENOUWOCD WATER PlP!UNE UPAJll J11ly 28, 2006 TKIS ACCl1.SS ACillEEl>tlENT i• made and enlfflld lnro this 28 111 day l)f J11ly, Z006 by and b~ Ult STAT! OF COLOR.APO, ICIUII b) 111d thro~jh the Dq,artm;nt afNIIM'll Rdources, Colorado Wai. CODa.rwsion BCllll'd who,o •dd~1 is 1313 ShmNII Street. Denver. CO 110203, (hereinafter, die ''Onntor''), •nd m, Chy or b;l,,_.ood. (hc:n:inan..r, ch• '"Oran~"), WHEREAS, Ule Omltor i~ 1111 IBCl"c:)' afchs Sauc: ofColcndo cttiatcd and comrtilled by Titlt :t7, Miele: 60, C.R.S., which wn;aoi. for me wd~ and bcQefic at dies~ of Colorado and iu in habitant:; md WHER.EAS, dlt Unlri:d Sl:IISll::t Arm)' Carps of Erlsim~"9 ("Corps'') hu c:on11NC1ccl lmprovcmen,:s to die flow of wucr In the ch11G11el of the Soutli Plane lliver in Arlpahoo County, S1111e of Colotlda, wirh Hid impnivc:mGIIU known &S tho Chatfiald Ovwnaraam Ch11T111lll 1"'pn,venic:m Prcu~ (''lmpm'tCffleftt Project"); 1111d WHEJl!AS, lhc prinwy purpose ot'dl& lffllll"O'fOmcnt I'rqjct i, ro flfOWW dndnage, tload c:onmil and w•ts:t flnv. rqul.ation; 1111d WHEREAS, the Corpa and the Cirantor Clllla'ed illtD tlo/0 apm,1ena wtlich pve 1hl: Orantor tho rl!!.i,oiulbllit)' of acq,iirini hind, acco.ss, Uld rishll-Of•way for che lmprgvancnt Projccl 1111d me duty of mainrainirut end apcrari.ng !he Jmpro.,c,rna,\I PT<>ioct: and WHERW, the Ciraniur ha, .oqllihl4 eerialn I« tlt111 intcnci., rishtMt:.,...Y 111d 11CCeUJ wicbul rhc lmprairmicnc Project risht-of.way for die P'ffP08CS of cunffl'lfdins :IA4S mair11ainln: the lmprav,m.ar ProjM; and WHEREAS, tht Onmtec wish• t<> 111:ces, .nd the Onintor i, willing ici Jrl!II a temparwy C111Cf'icilC)' noo-Gch1irivc: acccu fQr the •" of a brolcsn wa&aT i,lpelin~ uid · WlTN!SS!TH: That. t'or 1111d in cODSi&1en&tion of &he sanenil JNblic: inle!W& 1111d benefit that wi1l accn1c: hll Onnt.e 't riii,atr of die brobn ,,...tar pipclin~ and lhs keepln, 111d tbG pc~ oCIII• covc:rwir. 1111d .-n111u nc:ircilld\i:r c:xpreskd, Grantor £1'1nlll to Or=nic:c: noncxc:lu1ivc ~ IIOCCfl llpon the followlllg Pftipen)' (horelnaf=, rh• ·Propanf') loc:au,d in the CG\lllt) of Arapahoe, ~18tc of Colonda, isi wil ; The lhorollne uf the SO\ldl Pl11uc JU-vcr jmt nonh of !he W. Dlnmoulh Ave. bTid11c an ,tis i:ait bank. The: work arw will bcl appn,Aimal9'y a :JO'x 30' area .. Wllll 1141 ~ 11iaftk thm c:xtcnd. daWD from So. Plane RiVQ' Drive. The ~:1 locari1111 u within En;lc:woocl, Ci>lcndo, TO HA VE -'Nl> TO HOLD, llU~ IO die OOVCDIIIU 1111d ~ti h=na&r c:,ip~ far die plll'pOilll af oai~ die Propat)' 10 repair a W1IICT' pip.sllnc far • J)ldio'1 of tw111l)'-t5w (25) days, to IUM!c:I\CC 11pcm CMCQtion af llris Ac:ces$ AJrcement. CRANTOR ANtJ CMNTiiE MUTt)AU. Y EXPRESSLY COVJiNANT AND AGREE: I. This 11Cc:OSs ~r ii non·c:iu:l\l!i~ and ihc srani 11! ~ is au'tljan = 11114 wbordinarc = 1111 and all pm,iou11ly !'lflt"1 ril)li,-of•iw)', licences :and can'tl:)'atlCeS, n:cQl'IUICJ ar ~rded. le is Omnttc'e 110lt ,-pon~lbility ui Octcrmin• chi a.i.r.nc. of all)' riahca, 111a, or inatallmons ,onflictia& Wii:h Onniee's uae nf lho Propc:ny llll!rc:l,nder. Onlnlff QICCli '° QQI int;tlcre wldl ~Y 11n in 1ho ~ .... b)-any cxhc:r l*1>' lmAlf 1 -prc11iOW1 gntlt. whemtr Jl'llt:ed by CiJwltar or previou1 O\l,Qcr. Grantee undc:rswidll 1111d a;rsa d1llt Orw,1« ~ no l'C)mllCl\tation, tonc:cmiAa ownmhip of nor wmnint.1 citle 11> 111y of Ibo Propmy . To lbcr IIIUC!lt that lhi:1 ,rut of~ mR)' 1t11CN$0h cit1 l1111ds not owned 11t con wiled b;r Onnior, GtanlC'C •UJllllll all Rllf'O"Sl'blliiy for any such ciaaoachmcnL l , During lhee lm11 of OI• Aco:A Agr-imar. It\~ Uftlltor :shal l have di, rieht to diapose o£ lhc Propcny or so IUe th-aame for otber pllJllCISCS ~,ibject ti> die ricbts attd privilqc:s btrcin v,anetd tii in• Onn-. GniAcor r=cnca the: risnr tP grant llddirional Kecti ~ti tlO Jhlrd p.ni111 1 provided li111t sai4 lil'l'fflO!U do aot TrllmiDIIY Ulttne!'c: with lh, ~ i:nmed herein . 3. Th• lcnl\i 111d ;oodililJCls of Lj\c ICC8'S lflil\.ed hnin --11 he ill compliance .-itb a,id a,ibordin.as Cl> the IGCIDS of thee SepllCmbcr ?, 1977 and J&nYllfY Zil, 1980 ~~Ill ~ die Unitacl Ii.ca Army Co,p, gf Ensinem and lh• Colcmido W11i:c:r Cnn•crv.lioa Botrd ("Ai:tecmm11"), wbich !A1: IJIOOfPOra1"' hll'Cln by ~cc. e X t-, I B I T A 07·ZB·Z006 OZ:ZBPM FRO~COLORADO WATER ~ONSERVATION BOARD 303B664474 5. 6. 7. Ii. The ,ign11orii:a n'lcr dm tn lhi:ir knowlcd1c. no Stata employeie h11<1 1111)' par;onal or bcndic:i;il intarest wh1111oevcr in the l'ropcny. If this :acces:, is :nnl&ld Jlllfflllltlt 10 §24-82°201 C,'~.5., 11£ lmBIIGed, ch'8 Acl:As AgfOC:mc:Tlt '1mll not be dcelll&d Vll)id -N--r-- 11nless end uarll 11.pprovtd by th~ affii:ial111t1d office, of ihc S111" of Co\Ol'I® a. r.quired by §24-K2·lD2 C.R.S., :is uncmdcid,arsuc:hU11istsmu1hey1?11Yd~p1te., and approvi:Ll l;iy the En9lewood Cit.~~~'lr- Counc. ~ l , •· · · · · · · · Tb, p,oV111oaa hwoaf 1h11l inure to the bi:ncfit of anJ bincl 1h11 svcei:sMrn1 1nel ulriana Qf tht rc,pectiv• pani~ h~-n:t;: , : • : · : • and all covenanu sb.1111Jll)1Y to and 1'1111 with die lund unle:ss othctwiac: .spa:lfkmlly noied . :·:.: ·: , .... The slsnasories 11~.-m,1 rh~ are familiar wilh J I 8-S-30l, C.ILS. or. ltlll,, (Bribery and Com,pt lnfl11enR.lS) ~J ~ Ill{:::::::: 8-40 I, C.R..S. cc, s=q., t.\.bllSC of Public Of'lic:c). 11114 rllat no vi11larton of dllch pravisioni is pTCICIIK. f": •: ·: •: . ' .. It••" >.ny noti~ required or pomin;d by chis Ac:a:.55 ~cut 1113)' bo di:liYITtd 1n per10n or 11111 by ro,bun:d or cenmci • • • • • • · · · · · · · maJI, ~ rec~c Nlqlldtcd, lO tile pany • rho addre:ss as herci111fr11r provided, 1111'1 If'"'~ by mail it shall b• tfl'ceci'lc I I I when postea in cht U.S. Mllil Deposl!Of)' whh Sllfficicnt J>O*S&: lffill:hi:d lberttu: m111 Oramor. Joe 8uJto Cokndo Waicr Conacrvarion Boan! Flood P"*Cdott Sc:cda11 1313 Sherman Sll"Cel, R111 721 Denver, co 1020s Cc:: SIIIIC Bulldinp IVld llcllJ E,ia$; Pn,pm, Affll; .Real Emtc Spaclali•t 1313 Shi:mlul SP'I*. Suiit 319 · o.n~. co !0203 Qian~; Bill McCormick Ciiy of 81\alowood Enrlawood, co (303) 7112·2652 9, Gran!OI' Tt11:r11CS Ill ri111u co an~ 1111d :ill met.Ille 111c:l 11C11•melllllic mincralc, ewe,, Nici mecaw of an.r kind 1111d c:hmc1er, inc!11dins bui not limited to coal, aiiph.i&11m, oil ;nd au in or under slid ac:=as. I 0, If any pan of tl1i-Ac:c.i, Asreemoat is fOYnd, decra ar hold to be: void or IIIIDDfol'Ollllble, lht remainder of tht proviaion, ara,1, ~ Apecmcm 1hall noc be affiac:fcd l1'on,by alUl 1hall n:m11in in nan force :ind cff"ac:c. 11, Thia ..\oc;ess ""1-m:nt llhall be.: aov-noil by UICI IIIWS oflho Swe of Colimido. 12. The parti~ bemo uncllt8tlnd &IICI 111tet rhltt liabili~ for c:llime tor UU\lrits ro plll'IOns or propcn.y uisins out of the ne,liJdlloe of c:ilhar piny, jq dt;plnrnania, ln.iiNdOII', qcncies, CffllllpnlG, llllaT'dl, affleial~. :ind einpla)'CCI II coniton.ci and llmilOJ by the pn,visiON atdlc Caloni,do Gowmmmcal lmrnuniiy Act, §2+10·101, c ac:q. C.R..S . :111d §24-30.1 S0l, et tc:q. C.Jt.S. Any praviaian of i:bis ,\.ccCII ~racm11n1 whlltltr DI' not incorpanled hnn hy m'min=, fflall 'be: ccmtrollcd, lirni= 1114 odwtwiac m04i6cd so u co limit 1111y l~bililY of llw Grucor 1111d 1h11 Grani:ce ro lhe ~clllldlaws. GRANTEE EXPRESSLY COVENANI'S : t . Gnimor sh.JI have. dlarinr the c,ontinu.ncc of this '"*''· Qlc risht re dispose of the P11.1pgny ::md to 11..e lhc I'rapi:rty f~ allier p~ pro'lidcd auch u1c CIIIII! not maicriall)' in=fere wiih Ch• IIIICc,$ annfGCi Mrtin. ln the i:vont Onnwr shal~ in me f111urc, "*illh to grant addilion,l acccan ot riJhu-afr'Wlly whic:ll C!rlcroaob 11pon mu ~ Jr111Uld herein, Gran tea IXJlll'•l:r •• end covenaqca it will c:oucnc u, shllfl: th• ~. provided ch\' pl'Qp(>IICl1 adcli1ionlll ~""" aT' rirlns-of-way do not m1t"1ally lnscrlere with Ch• pwrpmm fDr whlc:h this -.1, snncod . 2. l!.' u,c cYCIQl ot' f.llnnina1ion, Cmltee. lit its ClLpcDM. sttlll, IIJIOfl wri!Jell NqVMt by Onntar, rcmov.: Ill i111provi:me111s COMNct8'1 by Gr:m11;1e fnim the hcipcny wilhin ftlMty {90) 4qs of u:nninadan a,id ~~ me Prc,pcrty as nearly u is pt;lllfi~bl• 1D lbe \Mllkiitinn vf the 1111d •isdq lmmadiwly prior to Cmnree's fil"III u•c. Orantor $hall dt:larmint in it.t snlc: ~on whcqar the ~on cximplia wish ibis pan~ll. In w c:vcnt that Cnnr« docs nnc fWUMl the impro~a wilhi11 •ueh 90-clay period, Oranior ,hall 11&-n: di& opiiofl 10 ddler I) n:rnov• Tiu, iniprovi:merus Mid rllCTQre ,he l'nipcny to iu -prior ocmdilion llld \till tbs Clninllk for the c:o«I of nn,o-.111 uid re.Tendon, or 2) conllider :such imprDWm91'C. ~ llld 11\t ilna-'Wt:l'IICnU mall beocomll 111' pro~ of Granl!Dr. exc:qn Ill alh..rwiH 2 OT•ZB·ZOO& OZ :ZBPM FROM-COLORADO WATER CONSERVATION BOARD 3D31&&4474 T•3&T P.DD4/DD~ ~-WWf 3, s. 6. 7. 9. Jmlwlod hrnin, u:nninlllion of lhil Aac:u5 AIJl'9Cflltnl :1111111 bt by opt:rari1111 af law. l! lhi • ~-~ A;rcem=it iJ "' c.miinared. lllfflltlkncian pllid 11h1ll be forfeiltd . ar.nc• may anc IIM rhi• Cl'lllt of acccu fur lily pvrpciae alba' 1114n that whis:h I~ ~flcally lkscri~ bm:in. [f lhi!! Pro,-,;y Is IIICIII by Onmfet for my p11Jll0Se adla' di-, atfd hcfm, the: acoea i• •11t~ally 11rmin1iecl , nne1 all of INlflA w risbt. lillc and intcrm of Gr:vuec: tend Grantee'• sucuuurs ot IIS&i1111) in .«I to die PlllflCl1)' •ome mill 11nd · · voi<t, 1111d ffiC Propany 1h11l 1bsolwdy ravan Ill :and M'tlt in Gnnlor IS ~lly and CllfflP}Clld)' U if lhil iMI\IITIIII\I haa . H E I ncn been executed, wilh..,111 th• I\CICllli&y for si.h Ill' r..on'll')' 11114 Ot11ntc:c lhllll mnow irnproVim.ncs aJ pravids4,, , , , • • ·, ·,, • • above . No IOC Ol' omilloliOII ort ihc pan of ~ bsneticimy of llcls ~h Shall be a ~N\191' of lht opCl',iion o~: ·:•:I: '.-: 1111forccm11r1t otlbe pva,nph. ~ •' •. •' • • ' • •••••Ill• I • • • Ir •hall be che aole iapon'1btlity of Ule Grantee to o~n 1111 necellll')' and applicable lor::al, ltllll and fi:dwl appro\1111;,: '.::::' '·.: and pcnnlioi fur the p11rpoae, •• fantl Mnrill , Cinln111t ..,._ ro eornply wllb an n.las, tt1g11!~ and policiP;.;,: :·. ; ; 11111hori11civi;ly ~laaaecl pertAinin1 a:, die 111e of lhe ltc:CIS lanrl:a, includins but ncx limited 10 loe11l , sta&e an4<,:,:.: : , : tbder:il flood plinn rea11ladona . Nonoumplicm= by '1111 Oran• with thu pora,rapb andlor any -11c11 permit. NIG'.. ·, ·, • .; ·, ·, rqullldan, or JH)lic)' !!hall bO gn,w1cu fQr lrnm.d111.t lffl!'llt1*!ion of lhia ~ AIP'ffln~t by die Onnmir. Orantlc :1gre11 1o in4'mnlfy, clc&nd and tlo14 hannlm !ho OnnlDt 1plnat all liability, lcaas and AJllfttlt and apw1 :111 if_ c:blrM w1 Ktlo"' b*SCd upon csr ariaina oi,1 ot fCljury at dea&h cc JIIIAOllS or ca.mo,c: ro ~. i:auu&t 11:,, any 11c1ts at • fl omi.nion• of Grani.:o. ir, aucceaaors, usi&n£, a,i,,ni. or COll1l'l=r& or viain; OUt ot' ~·, Ute o! the: rrapcny. Jn ·· lhc: fttl\t dl:1t Onillcm c:onncu for an)' wor1c to b; l*fomo4 Clfl the: Pl'OPC:n)'. Gran= ahall ftCIIII,. im cCM11nwlDl'E end Nllcon~. 11kC11f1C die Ccwpa, ui inllomnify, detenu 1111d hold lwmlc:o Orantar, Its cmplayc:a 1111d aatnts, and the: Corpe &am any and all c:laim. clamftllll and 1iabilnica wlla!SoeYW tor injluy or daalh ,.., J*IDIII or Clama,c to p~ llrilia, ffllDI lhc: ~· and/tit aialk;Qftnua,ra' aariODS Dr l1111ClioM. All c:oncnor.ors lad ~ shall be req11i"'1 io llbh:h: by and follow• pnmsioN aflhla A=m ~1. , ta the ex,;ent al lowed by law. 'Cinllltll wlln'&IIUI tliat., 1hro111ho\ll lbe tmmi a! thi, ND$ ~mi, UTtolGC ahllt :maimain coatinual commercial pnnl ll1btllt:>-Ulll&nnOD covarins lu ut11 of Ill• tceoa. with Aid inM'lllet polM;J llllfflina Osanior as an 11ddl11anal ins\aed. 9~d policy llhl1l provide eovc:np in die amuunu aabliahcd by iM Colorado ~ml lmmunicy Al:l (Aniulc 1 O. Tulo 2<4, C.ll.S,). boOl naw &Ad a bi:rmft=' 11111Ddod. Orunee a..-that all c:xc:ftltions or othc:r 1~ remcMI ohoil • rsqin,1111 for C'inmws use ot dlii Pn,pcny fur ch, purpo-. tct iDnh hlNln ,hall bo property ""laced, 1114 Orllllee mall ICl:ld. ~ 111d m,s,emc chc: 111~ io ~I)' lea D011dhlon cxiltln1 prior to dlt die~ 111 ~•bly fll>dslble. ~ shlJl be rnpans,"blc: at all limes fw the immodlei. rupsir or npl~ of, ur ~t for WIY ~ to 1flc Propercy du, lO Oran~~·s Ille of lhc Pnlplln)' for die pllrpou& kl tM1, hlll'M, lol&lcli cl iftl"DI' UICI •8"11• for ClallllnlOlioe or for malllren11ate are 10 be limillld ro tbo minimum necoaMcy loc:mionc, wt all ~ "'* mated muat be oltllllflll4. procmi:d aplM •~ion, 111d natarDd ID die bmcr c:ondidan of 1111 llllcl. :11 1lc:aiy u 'pDOIDls: by Gncn-. Pririr to ~ng die ~. Oran• sblll llabmlt • *1amanan plan to Onaar for nmcw ad .,ram to CIIIID Cnn&or'a J11111*1.Y lihal1 be n:IIDl'lld Ill clC*ly .. possible ID die aripial CIIIICQOII after OlllllllftlQimi of lh• pl'ClljllCI II)-... Oranrs. <bnlOt mil ~ ia 111 eok ctilaaiat1, wbclb« Cnmee's .-ncian cian,,lia 'kilh 1h11 pAnlpllph. la d'6 evcat Orantc:o fallt 110 pcrfOlffl che ~i11c or tevcsemi'III: wort r~ by dlit p!l1'IIFlpb io aw de _._ or en,,q, 1111e1 del' 1hlr\y (30) da,a prior wriaen aa&ioe spec:ifyiD1 wilh plftia.illriiy the fail~ IIMI indicarinJ the: llll10IJi:II •• nccdcll 1a Qlr6 ..me, a.. ahllll be •llawed to perfann ai4 lllCllk, and Orin• 1h11l pq wlchin dlll'l) (30) ~ Ill direct and incliroa com incurred by Clran1llf ~ T'CIW'llli\'c or ~~ Mlflc lncJlldln&. but no1 Jimltsd tn, nwraclina. filliQI, ~on, IIDlion conll'Ol, IIKI ~n1 Qt'coil. The Gnntcie Ull~lis and ill"Nl lhlt iu f111.1Ulle1 an:: lllldc co damap :1114 le* \~• wllllour liatrilil.Y acc:tiiiftl '° me: Gnintor Iii • l"Clllll of flnodm&, u lbe tC*llt at 1!lllUltllCIAnCO 1114 openlKIII af &he ChMl.w Downstrl.*n Ch.in•! [mprovc:mem Proj ect b)' the On!II IDT', the 0n.atar·, daipcci, or ihc CCJllll. 'TJlc '°"acnaction, .111n11 and mowrn.at of wblc-. 1n1dc5 IAd 11111:hiQGlf .it.U bt ao ndliQed II Ill lin\cS so -' IO miaimi~ any dialuptioG ro m::fflllional nil• IRCl pmha while IMXhnilinJ ~lie: sdll), At an QYUll d11rins eonatn1c:liD11 1111d Dl.;acmanoc u:dvitic:s, 1111 of''tll1 llClalion nlla •d pall,l: llhaU remain open. unleu ~tc: deto.m lni:l11dl11g ai~ ud faftalns ft pn,Ylclcd bY die: ar.,i-. lN WrtNESS Wk!R!OF, 1t11: paniA llcrCICI havi Qll&lld mis Aclo911 AFMalent w Iii: c:-11* ffi" ca.t IIICI yar fir11 above wr;IICI\, 3 or-za-zoos OZ:Z9PM FROM-COLORADO WATER CONSERVATION SOARD O~~TO.R.: STA'ra 01" COLOlt.A.DO 1111 OWfflll. Oo'\11:fl\ar Acdlli,: by ancS ihrou,en the Dapatri'nfnl ofN"111raJ RnPun:c:s. Colorado Wltllt' ConlCll'Yltiun Baan1 ORANTES : ChyQfEn~ & mimi~I ~t lllld paliiiC11l l\lbdlvi,iiot1 of me State • MaC1o t ,,.-. ~, " ~-· l , • ... ---- ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING A PROPERTY LEASE PERTAINING TO THE REDEVELOPMENT OF THE ENGLEWOOD GOLF COURSE. WHEREAS , the City of Englewood, was approached by Miller Weingarten Realty on behalf of the Sheridan Redevelopment Agency in 2004 regarding the proposed rede velopment plan for the area west of South Santa Fe Dri ve , between Hampden and Oxford Avenues ; and WHEREAS, because the Englewood Golf Course is located within the city limits of Sheridan and within the proposed redevelopment area ; and WHEREAS, the Sheridan Redevelopment Agency requires agreement with the City of Englewood to lease a portion of the Englewood Golf Course for the planned retail/entertainment complex; and WHEREAS , the City of Englewood held a Public Hearing on July 24 , 2005 regarding the property Leas e Agreement pertaining to the Redevelopment of the Englewood Golf Course ; and WHEREAS , the Property Lease provides for the following : • The Englewood Golf Course Facility will be maintained in its entirety , including the 18- hole regulation course , the Par 3 course , and the driving range . The relocation will offer significant improvements to the Englewood Golf Course including: 1. Movi ng most of the 18-hole course off the landfill by shifting the front nine holes to currently unde veloped areas on both sides of the South Platte Ri ver . 2 . Providing a clay cap under those elements of the Golf Course that will remain on the landfill to he lp en sure healthy soil conditions for vegetation growth. 3 . Other golf course enhancements and impro vem ents to the South Platte River bike trail. • The proposal carries no financial risk to the City , as all costs related to the relocation of the golf course will be paid by the developer . • The portion of the golf course that is on the proposed property lease will be relocated and rebuilt, in its entirety, at the sole expense of Miller Weingarten , at an estimated cost of $5.5 million . • Revenues fr om the lease of City property will be re tai ned by th e City to support th e d el ivery of services , fu tu re capita l inves tm ent s, expansion of th e City 's reserves , reduction of debt and/or other benefits to the City as may be determined by City Council. 11 bi • • • • • • • • • Substantive Elements of the Proposed Ground Lease Miller Weingarten proposes to lease , for an initial 20 year term , the portion of the golf course in question for $4 .19 million , with three additional 20 year options totaling $900 ,000 . The lease of the property is subject to completion of other land acquisition and finalization of development plans by the City of Sheridan and Miller Weingarten. Miller Weingarten will pay the City an additional $650 ,000 to cover the cost of the City 's monitoring of the environmental remediation on City property and the redevelopment of the golf course , as well as supplemental golf course improvements and enhancements . The scheduled start of the golf course redevelopment is mid-September 2006 , with completion scheduled for the spring of 2008 . The golf course clubhouse and the back (west) nine holes will remain open to the public during construction. Miller Weingarten is obligated to protect the City of Englewood from any loss of profit from operation of the golf course during any period that the golf course is impacted by relocation and for two years following re-opening of all facilities. Miller Weingarten has advanced the City a non-refundable deposit of $150 ,000 to cover the cost of its out-of-pocket expenses associated with the City 's re view of the proposed transaction . Miller Weingarten is obligated to protect the retail tenants of CityCenter Englewood from negative impacts . Th e project will include sign ificant impro ve ments to th e env ironm ental conditions of the City's property . Miller Weingarten has de veloped a Voluntary C leanup Plan that has been approv ed by the Colorado Department of Health and Environment (CDPHE). CDPHE and the consultants for the C ity of Englewood will monitor the environmental remediation of the City property . Miller Weingarten has guaranteed completion of the golf course redevelopment and has indemnified the City against environmental damages that may occur as a result of this project. The redev elopment plan is available for vi ewing at the Englewood Municipal Golf Course , E nglew ood Recreation Center, Malley Senior Center , Englewood C ivic C ent er and on the City 's web site , \\'\\'W .c n glcwoodgo\'.org. NOW , THEREF ORE, BE IT ORDAINE D BY THE CITY COUNCIL OF T H E C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes and approves the Property Lease, attached hereto as Exhibit A. Section 2. T he Mayor and th e City C lerk are hereby auth orized to sign and attes t said Property Lease Agreement on behalf of the City of Englewood , Colorado . Introduced, read in fu ll , and passed on first reading on the 24th day of July , 2006. Published as a Bill for an Ordinance on the 28th day of July , 2006 . Read by title and passed on final reading on the 7th day of August, 2006 . Published by title as Ordinance No . _, Series of 2006 , on the 11th day of August, 2006 . Olga Wolosyn, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2006. Loucrishia A. Ellis 7/19/06 GROUND LEASE BETWEEN CITY OF ENGLEWOOD, a home rule municipal corporation, as Landlord And SHERIDAN REDEVELOPMENT AGENCY, a body corporate and politic of the State of Colorado 1125312 4.doc 41:!2 6-0 6 as Tenant Dated: ____ _ TABLE OF CONTENTS Article 1 Fundamental Lease Terms ............................................................................................ 1 Article 2 Ground Lease of Premises ............................................................................................. ! 1. Definitions ................................................................................................................ 1 2. Premises ................................................................................................................... 4 3 . Condition of Premises; Tenant Release .................................................................. .4 4. Improvements .......................................................................................................... 4 5. Recreation Easement. ............................................................................................... 4 6 . Easements ................................................................................................................ 5 7 . Signage ..................................................................................................................... 5 8 . Environmental Disclosure ........................................................................................ 5 Article 3 Lease Term and Conditions Precedent ........................................................................ 5 1. Term ......................................................................................................................... 5 2 . Tenant's Conditions Precedent. ............................................................................... 5 3. Landlord 's Conditions Precedent. ............................................................................ 7 4 . Extension Options .................................................................................................... 8 Article 4 Rent .................................................................................................................................. 9 1. Rent .......................................................................................................................... 9 2 . Net Lease ................................................................................................................. 9 A rti c le 5 T axes ................................................................................................................................ 9 l . Real Estate Taxes ..................................................................................................... 9 2 . Proration ofTaxes .................................................................................................. 10 3 . Personal Property Taxes ........................................................................................ 10 Arti c le 6 Utiliti es .......................................................................................................................... 11 1. Utility Us age .......................................................................................................... 11 1125312 4 .doc 4122 6-0 6 Article 7 Use, Subletting, and Assignment ................................................................................. 11 1. Use ......................................................................................................................... 11 2. Assignment and Subletting .................................................................................... 11 3. Non-disturbance of Sub-lessees ............................................................................. 12 4. Status oflmprovements and Building .................................................................... 12 Article 8 Mechanics Liens ........................................................................................................... 12 1. Liens ....................................................................................................................... 12 2. Protection of Landlord 's Interest in Premises ........................................................ 13 Article 9 Indemnity and Insurance ............................................................................................ 13 1. Indemnity ............................................................................................................... 13 2. Appear and Defend ................................................................................................ 14 3. Tenant's Insurance ................................................................................................. 14 4 . Insurance Policies and Certificates ........................................................................ 14 5 . Blanket Insurance ................................................................................................... 15 6. Unearned Premiums ............................................................................................... 15 Article 10 Damage or Destruction .............................................................................................. 15 1. Damage and Destruction ........................................................................................ 15 Article 11 Eminent Domain ......................................................................................................... 16 1. Automatic Termination .......................................................................................... 16 2. Termination Right .................................................................................................. 16 3. Restoration ............................................................................................................. 16 4. Award -Lease Not Terminated ........................................................................... 17 5. Award -Lease Terminated .................................................................................. 17 6. Termination ............................................................................................................ 17 Arti c le 12 !INTENT IO NAL LY O M IT TE D) ............................................................................. 17 11 253 12 4 doc 41 2236-0 6 ii ' A .rticle 13 Default ......................................................................................................................... 17 1. Remedies Upon Tenant's Default .......................................................................... 17 2. Remedies Upon Landlord's Default ....................................................................... 18 3. Attorneys' Fees ...................................................................................................... 18 4 . Waiver of Consequential Damages ........................................................................ 18 Article 14 Covenant of Quiet Enjoyment ................................................................................... 19 Article 15 Subordination; Landlord's Right to Mortgage and Convey Premises ................. 19 Article 16 Transfers by Landlord ............................................................................................... 19 Article 17 Miscellaneous .............................................................................................................. 20 I . Non-Waiver of Default. ......................................................................................... 20 2. Recording ............................................................................................................... 20 3. Notice ..................................................................................................................... 20 4. Successors and Assigns .......................................................................................... 2 1 5. Partial lnvalidity ..................................................................................................... 21 6. Interpretation .......................................................................................................... 21 7 . Headings , Captions, and References ...................................................................... 21 8. Governing Law ...................................................................................................... 21 9. Execution ofDocuments ........................................................................................ 21 10 . Force Majeure ........................................................................................................ 21 11. Waiver of Landlord's Lien ..................................................................................... 21 Article 18 Leasehold Financing .................................................................................................. 22 1. Mortgage by Tenant ............................................................................................... 22 2. Notice To and Rights Of Leasehold Mortgagees ................................................... 22 Article 19 Additional Provisions ................................................................................................. 2S 1. 1125312 4 .doc 412236-086 Restrictions ............................................................................................................ 25 iii 2. Open Space Plan .................................................................................................... 25 3. Englewood Golf Complex ..................................................................................... 25 4. New Road: Landlord's access ............................................................................... 25 5. Non-material Amendments requested by Sub-lessees ........................................... 25 6. Public Indemnification ........................................................................................... 25 Article 20 Representations of Landlord and Tenant ................................................................ 26 1. Representations of Landlord .................................................................................. 26 2. Representations ofTenant. ..................................................................................... 27 Article 21 Right of First Refusal to Purchase ............................................................................ 28 1. 11 253 12 4 .doc 412236-0 6 Right of First Refusal ............................................................................................. 28 iv GROUND LEASE THIS GROUND LEASE (the "Lease") is made and entered into as of the Effective Date set forth in Article 1 by and between CITY OF ENGLEWOOD, a home rule municipal corporation ("Landlord"), and SHERIDAN REDEVELOPMENT AGENCY, a body corporate and politic of the State of Colorado ("Tenant"). Landlord and Tenant are sometimes hereinafter each singularly referred to as a "Party" and collectively referred to as the "Parties ." Article 1 Fundamental Lease Terms For convenience, this Article 1 summarizes certain fundamental economic and business terms of this Lease. Effective Date: Premises: Landlord Tenant Term: Option: Rent: Security Deposit Title Insurance Liability Amount: That certain real property described on Exhibit A attached hereto and incorporated herein by this reference , consisting of acres. CITY OF ENGLEWOOD 1000 Englewood Parkway Englewood , CO 80110 Attention: City Manager SHERIDAN REDEVELOPMENT AGENCY 4104 South Federal Blvd. Sheridan, CO 80110-5399 Attention: Executive Director Twenty (20) years from the Commencement Date Three (3) options of twenty (20) years each The one time lump sum payment and other amounts as set forth in Article 4. None An ALT A leasehold title insurance policy in the amount of $4,190,000 shall be provided at Landlord's expense. Article 2 Ground Lease of Premises I . Definitions. For purposes of this Lease, the following terms shall have the following meanings : 1125312 4doc 412236-0 6 A. "Assessments" shall have the meaning as set forth in Article 20.1 .K . B. "Buildings" shall mean the buildings which may be constructed by the Tenant on the Premises. C. "Casualty" shall have the meaning as set forth in Article 10.1. D . "Commencement Date" shall mean the earlier of ( 1) thirty days after Tenant's and Landlord 's waiver of their Conditions Precedent as provided in Article 3 .2.G and 3.3.D, or (2) the date Tenant commences construction under the terms of the Development Agreement on either the Premises or Landlord 's golf course. E. "Contracting Party" shall have the meaning set forth in Article 8.1 . F. "Default" or "Event of Default" shall have the meaning as set forth in Article 13.1. G. "Development Agreement" shall mean that certain agreement to be executed by Landlord and Tenant providing for the rebuilding by Tenant of the portions of the Landlord 's golf course complex as described therein. H. "Effective Date" shall mean the date this Lease is signed by both Parties and the Englewood City Council has adopted an Ordinance approving this Lease and such Ordinance has become final. I. "En v ironmental Conditions" shall mean the presence or alleged presence of any substance, material or waste which is regulated by any local go v ernmental authority, the State of Colorado or the United States Government, including, without limitation, any petroleum products or used oil or fractions thereof, flammable substances , explosives, radioactive materials, asbestos , and any material or substance that is regulated pursuant to any Env ironmental Laws. J. "Env ironmental Law s" sh all mean the Comprehensiv e En v ironmental R espo nse, Compen sation and Liability A ct ("C ERCLA"), as amended, 4 2 U .S .C . § 9601 , et seq .; the Solid Was te Di spos al A ct and th e Resource Conservation and Recovery A ct ("RC RA "), as amend ed , 42 U.S .C. § 6901 , et seq.; th e C lean Water Act, as am end ed , 33 U.S.C. § 1251 , et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. § 300(f), et seq.; the Federal Insecticide, Fungicide and RodenticideAct ("FIFRA"), as amended, 7 U.S.C. § 136, et seq.; the Toxic Substances Control Act ("TSCA"), as amended, 15 U.S.C § 2601, et seq.· the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq .; the Oil Pollution Act ("OPA") I 04 Stat. 484 ( 1990); the Colorado Petroleum Storage Tank Act, as amended, C.R .S . § 8-20.5, et seq.; .; the National Environmental Policy Act of 1970, as amended , 42 U .S .C.A. § 4321 , et seq.; the Rivers and H arbors Act of 1899 , as amended , 33 U .S.C.A. \l 401, et seq .; the Endangered Species Act of 1973 , as amended, 16 U .S.C.A. § 1531 , et eq.; the Co lorado Water Quality Control Act, C.R .S . §§ 25-8-101, et s q .; the pro\'i ions of 7 C .C .R. 1101-14; and any simi lar local, tatc or fcdcral law s, rules, ordina nce or regulation s either in exi tence as of the date hereof or enacted or promulgated after the date of thi Lea e that concern (i) the management, control, 111 . 11~ -l .Inc 41~~,t>O b 2 discharge, treatment, abatement, containment and/or removal of substances or materials that are or may become a threat to public health or the environment, and (ii) state and local water quality and stormwater regulation. K. "Environmental Workplan" shall mean all such work to be performed pursuant to (i) that certain Voluntary Cleanup Plan (the "VCUP") as approved by the Colorado Department of Public Health and Environment ("CDPHE") on April 18, 2006 (including, without limitation, the Materials Management Plan, the Contractor's Plan of Operations, and the Vapor Mitigation Plan); and (ii) that certain letter dated ______ , 2006 , from CDPHE stating that compliance with the procedures, specifications and conditions of the Environmental Workplan is deemed to constitute compliance with CDPHE's Solid Waste Program rules and regulations (the "Comfort Letter"). The Environmental Workplan shall specifically include any and all amendments to the above-referenced documents which are approved by CDPHE and Landlord. L. "Excusable Delay" shall mean any of the following events that prevents, delays, retards or hinders a Party's performance of its duties hereunder: act of God; fire; earthquake; flood; explosion; war; invasion; insurrection; riot; mob violence; sabotage; vandalism; inability to procure or general shortage of labor, equipment, facilities , materials or supplies in the open market; failure of transportation; strikes; lockouts; any material delay caused by Landlord without fault of Tenant; or any delays due to causes beyond the control of Landlord and without its fault or negligence. M . "Improvements" shall mean the Buildings and an y other improv ements constructed by Tenant or Subtenant on the Premises. N . 0 . P. 17 . Q . R. s. T. "Landlord" is City of Englewood .. "Leasehold Mortgagee" shall have the meaning as set forth in Article 18. "Memorandum of Le ase" shall have the meaning as provided in Article "Option Term" shall hav e the meaning as provi ded in Article 3.4 .A. "Option Term Rent" shall have the meaning set forth in Article 3.4.C. "Premises" shall have the meaning as set forth in Article 2 .2.A . "Prime Rate" shall have the meaning as set forth in Article 5.1 .E. U . "R eal Estate Taxes" shall mean a ll taxes, h owever named, assessed , levied, or collected, w h e ther on an ad valorem b asis or o ther taxing meth od on th e Premi es , Improvements, B ui ldings , and assessments for land , betterments, and improv ements that are levied or assessed on the Premises or the Improvements by any lawful authority, as finally determined in accordance with law, net of any applicable abat e ment , r e fund s, or rebates. 1125312 4 d 4 l:!:!36-0 6 3 - V. "Refusal Property" shall have the meaning as set forth in Article 21.1. W. "Rent" shall mean the amount set forth in Article 4 .1. X. "Tenant" is Sheridan Redevelopment Agency, and its permitted successors or assigns . Y. "Tenant's Property" shall hav e the meaning set forth in Article 7.4. 2. Premises. A. For the term, uses , rent, and in consideration of the covenants and agreements contained herein, and for other valuable consideration, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the following tenns, stipulations, provisions, and conditions, that certain real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Premises"). B. Landlord hereby warrants to Tenant that it has good and marketable title to the Premises, free and clear of any mortgages, pledges, liens, and other encumbrances. 3. Condition of Premises; Tenant Release. The Premises are being leased in their as- is condition. Tenant hereby waives, releases , acquits and forever discharges Landlord and its officers, directors , city council members, employees, agents, successors and assigns, of and from any and all suits, causes of action, claims, demands, damages (actual and punitive), losses, costs, liabilities , and expenses, including attorneys ' fees , of any kind or nature, in law or in equity, known or unknown , now or in the future , which Tenant shall or may have or acquire or possess in any way directly or indirectly connected with, based upon, or arising out of Landlord 's use, maintenance, leasing, ownership, operation, and demolition of improvements upon the Premises prior to the Effecti v e Date of this Lease; or (ii) the condition (including Environmental Conditions and structural fitness), status, quality, or nature of the Premises. It is expressly agreed b y the parties to this Lease that any and all responsibilities and obligations of Landlord, and an y and all ri ghts or claims of Tenant ag ainst Landlord or its successors, assigns and affiliates, ari sing b y virtue of or in relation to the phy sical condition of the Premises (including En vironmental Conditi on s and structural fitn ess), are b y this r ele ase d e clared null and void and of no present or future effect as to such parties. 4 . Improvements. Tenant, at its sole cost and expense, with its own forces or those of its contractors, may construct Improvements on the Premises. All of the Improvements shall comply in a ll respects with all a ppl icabl e governmental req u irements . Landlo rd acknowledges that Ten ant may sublease p ortion s o f th e Premises t o Subt en a nt s, wh o wi ll con struct th ei r own Improvements. However, th e p arties agree that notwithst an d ing s uch arran gem e nt s, Tenant sh a ll remain re s pon sib le to Landlord t o sat isfy the obligations of Tenant un d er the Lea e w ith respect to such portions of the Premises. 5 . R ecreation Easement. Landlord reserv es for itself, its agent s, employees, guests and invitee , a no n -excl u i e recreational ea ement over and acros that portion of the western p rt ion of the Premise o n which Tenant intend t o c n tru c t a drainage wale, which ea ement 11::!~31:! 4d, -11::!:!'h ·O 6 4 area shall be from the western edge of the swale to the flow line of the swale ("Rec Easement Area"). The easement shall be used only for the purpose of allow ing golfers access and use over the Rec Easement Area in connection with their golfing activities, including access to retrieve golf balls . In no event shall Landlord permit golf carts on over or across the Rec Easement Area. Tenant shall have the responsibility, at its sole cost and expense, for maintaining the Rec Easement Area in first class condition consistent with its intended use as a drainage swale and golfing play area in conjunction with the adjacent golf course. 6. Easements. Landlord shall , upon the request of Tenant, execute documents which are reasonably required to create utility easements on the Premises or other easements on the Premises required to service the Improvements or any other improvements developed on the Premises. In the event Landlord has approved the granting of one or more easements on property owned by Landlord but which is not part of the Premises, which approval shall be at Landlord's sole and absolute discretion, Landlord shall also execute documents necessary to create the approved off Premise easements. 7. Signage. Tenant agrees to provide Landlord with signage identifying Landlord 's adjacent golf course. The signage shall be at such location or locations and in such form as are reasonably approved by both Landlord and Tenant. To the extent necessary, Tenant grants Landlord an easement over the Leased Premises to maintain such approved signs. 8 . En vironmental Disclosure. Tenant may, at it option, record an environmental disclosure relating to the Premises. This disclosure will establishes environmental institutional controls on use and development of the Premises in form acceptable to Landlord . Upon approval by Landlord of the environmental disclosure, Landlord agrees to record a consent to the environmental disclosure , , in form acceptable to Landlord ,. Landlords consent shall also provide that, during the term of this Lease, including any extensions, Landlord shall have no liability, obligation, or responsibility for enforcement or for any failure by Tenant or its subtenants or related or affiliated parties to comply with the requirements of the environmental disclosure. Article 3 Lease Term and Conditions Precedent I. Term. This Lease shall become legally binding on the Effective Date and, unless extended in accordance with the Option set forth b elow in Section 4 of this Article 3, shall expire on the last day of the twentieth (20th) Lease Year (the "Term"). For purposes of this Lease, the term "Lease Year" sh a ll m ean each twelve (12) m onth period comm encing o n th e Co mm e ncem ent Date. 2. Tenant's Cond itio ns Precedent. A. Tenant's Righ t of Entry. After th e Effective Date, Tenant, its agents , employee contractors, con ultant and engineers shall have lhe righl from lim~ lu lim~ to enter upon the Premises in accordance with the terms of an Access Agreement to be l 12S3 12 4 de 4 12236-() 6 5 entered into between Landlord and Tenant , which shall be in fonn and substance similar to the Access Agreement executed prior to the execution of this Leas . B. Landlord Deliveries. Within five (5) days after the Effective Date, Landlord shall deliver to Tenant copies of all surveys and reports in Landlord 's possession and pertaining to the Premises including but not limited to all engineering, environmental , wetlands , water rights , and soils reports , and all reports or notices received from or filed with any local , state or go vernmental agency during the last fi v e (5) years. C. Inspection. Tenant or its designee(s) shall have the right, from time to time after the Effecti v e Date and subject to the terms of an Access Agreement to be entered into between Landlord and Tenant to conduct a physical inspection , review and analysis of the Premises on such matters and subjects and in such detail as Tenant, in the exercise of its sole discretion, deems advisable or appropriate , including but not limited to the following: examination of title to the Premises, perfonning physical inspections of the Premises, performing soils tests (including, without limitation, invasive testing), engineering studies, environmental studies (including invasive testing of all existing structures), market studies, market analyses , feasibility studies, rev iewing zoning and other regulatory matters , building and other regulations and restrictions , covenants , water rights , mineral rights , and conducting such other tests and rev iews as the Tenant, in its sole discretion , desires to conduct with respect to the Premises or Purchaser's contemplated development and use of the Premises. Except as expressly provided in the Access Agreement, Tenant 's physical inspection of the Premises shall not interfere with Landlord 's golf course operations . Tenant's obligation to waive its Conditions Precedent is subject to Tenant's satisfaction of its in vestigation of the Premises. D. Development Plan. Landlord acknowledges that Tenant desires to rezone and plat the Premises (or a portion thereof) in the City of Sheridan. Tenant shall apply for and pursue the appro v al of the zoning, planned unit development and/or platting of all or any portion of the Premises (the "Development Plan") according to such plans as Tenant detennines appropriate in its sole and ab solute discretion , but subject to any Ten ant obli gations contained in thi s Lease. Landlord shall , at Tenant's sole cost and ex pe n se, so lely in it s capacity a s ow ner of th e Premi ses, promptl y join in th e execution of such applications, pl ats and oth er documents, an d part icipate in such administrative or judicial proceedings as Tenant deems reasonably necessary to accomplish the final appro al of the Development Plan by the City of Sheridan. Nothing contained herein shall require or obligate Landlord to participate in any way in any condemnation proceedings which may b e u nd ertaken with respect to the Development Plan or Tenant's acqu isi tion of pro pert y in conn ection with the Development Plan. Tenant's obligation to waive its Conditions Precedent shall be subject to the Ci ty of Sheridan's approval of the Deve lopment P lan p lu s a ppea l period wi thout conditions (or subject to conditions sa tisfactory to Tenant in Ten an t's sole and absolute discretion) and not subject to appeal. E. A sembla •e. Landlord acknowledges that Tenant intend to acquire the property as part of Tenant's as emblage of all of the propcrtic within the area depicted on Ex hibit B attached hereto and incorporated herein by thi reference (the 112S312 -I d 4122 ,MT 6 6 "Assemblage"). Tenant's obligation to waive its Conditions Precedent is subject to Tenant acquiring or obtaining possession of all properties within the Assemblage, including the Premises, at approximately the same time. F . Public Financing. Tenant intends to provide public financing through the sale of bonds to finance the construction of certain public impro vements pertaining to the Assemblage. Tenant shall not be obligated to waive its Conditions Precedent until the issuance of such bonds. G. Waiver of Conditions Precedent. In the event Tenant fails to give Landlord written notice on or before August 31 , 2006 (the "Conditions Precedent Deadline") that the Conditions Precedent have been satisfied or waived, this Lease shall terminate thirty (30) days following the Conditions Precedent Deadline ; pro vided , however, that Tenant shall be entitled to two (2) extensions of the Conditions Precedent Deadline of six (6) months each. Tenant shall exercise each extension of the Conditions Precedent Deadline by giving written notice to Landlord within ten (10) days prior to the Conditions Precedent Deadline then in effect. Regardless of when the Tenant notifies Landlord that the Conditions Precedent have been satisfied or waived, Tenant shall · commence construction on the Premises only in the month of September unless Landlord has approved in writing a different commencement date, such approval to be in Landlord's sole discretion. 3. Landlord 's Conditions Precedent. A. Development Agreement. Tenant has agreed to rebuild , at its ex pense, a portion of Landlord 's existing golf complex ("Golf Course Work") in accordance with the terms and conditions to be set forth in the Development Agreement to be executed by Landlord and Tenant. Prior to the Conditions Precedent Deadline, except for a letter of map revision ("LOMR") to be issued by the Federal Emergency Management Agency ("FEMA"), and approvals or permits from the Army Corps of Engineers ("ACOE") or storm water permits associated with the LOMR, Tenant shall also obtain all other necessary consents and approvals required in connection with Tenant's performance of its obligations under the Development Agreement, including any approvals required from the C it y of Sheridan . In the event Tenant fails to obtain all such the necessary appro vals and co n se nts b y the C onditions Prec edent Deadl ine, thi s Le ase shall termin ate as provided below in subsection D . B. Environmental Guaranty. Upon the Assignment and Assumption of this Lease, as provided in Article 7, Section 2, Tenant shall furnish to Landlo rd the limited guarant y as required th erei n, and up o n fai lure to do so, thi s Lease shall term inate u pon ten ( 10) days prior wri tt en notice to Tenant. C . Clarificat ion of Payment-i n Lie u Agreeme nt. Lan d lord currently has an lntergovenunenta l Agreement wi th th e City of Sherid an for p ayment in lie u of taxes, which agreement was intended to compensate the City of Sheridan for exempting the Premises and adjacent golf course from assessment of sa les and use taxes resulting from the City of Englewood's ownership of the property. It is under tood by all parties that 11:?~11:? 4doc 41:?:?16.{) 6 7 payments from Tenant or its assignee to Landlord for rent or as otherwise required under this Lease shall not be deemed "taxable sales activities" or "Green Fees" as such terms are used in the Intergovernmental Agreement, and the rent and other such amounts shall not be included when calculating the payment in lieu of taxes . Tenant shall obtain from the City of Sheridan, prior to the Conditions Precedent Deadline, as hereinafter defined, a letter confirming their concurrence with this understanding. D . Waiver of Conditions Precedent. In the event Landlord fails to give Tenant written notice on or before August 31, 2006, unless such date is extended (the "Conditions Precedent Deadline") that each of Landlord's conditions precedent have been satisfied or waived, this Lease shall terminate thirty (30) days following the Conditions Precedent Deadline. Tenant shall have the two (2) options to extend the Conditions Precedent Deadline up to six (6) months each, provided, however, Tenant shall commence construction on the Premises only during the month of September unless delay in commencement of construction is caused by an act or omission of Landlord, or unless Landlord approves a request by Tenant for a delay in commencement of construction. Tenant shall exercise each extension of the Conditions Precedent Deadline by giving written notice to Landlord within ten ( I 0) days prior to the Conditions Precedent Deadline then in effect. 4. Extension Options. A. Options. Tenant shall have options to extend the Lease Term for three additional consecutive terms (each an "Option Term"), each consisting of twenty (20) years , on the same terms and conditions as set forth herein (there shall be no options beyond the three terms granted herein). In order to exercise such option, Tenant shall notify Landlord in writing at least twelve (12), but not more than twenty four (24), months prior to the expiration of the respective Lease Term of its election to exercise the option . B. Conditions Precedent. As a condition precedent to Tenant's right to exercise one or more of its options, at the time of the giving of its notice of exercise and at the commencement of the extended tenn, Tenant shall not be in default of its obligations to pay taxes as provided in Article 4. C. Landlord's Notice. In the event Tenant fails to give timely notice of extension as provided above, the Lease Tenn nevertheless shall not expire until after Landlord has given Tenant written notice that the current Lease Tenn is scheduled to end on the date provided for under this Lea e and set forth in the notice and that Tenant is entitled to extend such Tenn. Tenant shall have sixty (60) days from receipt of such notice to notify Landlord that Tenant elects to exercise its option to extend and to pay the Option Tenn Rent , and , if notice is timely given by Tenant, Tenant pays the Option Tenn Rent and the conditions precedent et forth in subparagraph B above have been satisfied, the notice of exerci e shall be deemed to have been timely gi en. 11 2q12 4J ..: 41 2::~h -O. 6 D. On or before the Commencement of each Option Term , Tenant shall pay Landlord the following amounts as payment ofrent for the entire Option Term (the "Option Term Rent"): (i) First Option Term: $200 ,000 (ii) Second Option Term: $300,000 (iii) Third Option Term: $400 ,000 Article 4 Rent 1. Rent. Tenant shall pay to Landlord, in United States Dollars, the sum of $4 ,190,000.00 ("Rent") [PLUS $650,000 TO BE ADDED TO THE RENT OR SUCH OTHER CATEGORY AS MW DESIGN A TES] as payment of Rent for the initial 20 year Lease Term; provided, however, that Tenant shall receive a credit against the Rent of$150,000. The Rent Payment shall be paid following Landlord's written notice to Tenant that Landlord's waiver or satisfaction of each of Landlord's conditions precedent as set forth in Section 3.D of Article 3 and upon the earlier of (a) Tenant's issuance of the bonds as referred to above in Article 3, Section 2.F, or (b) the date Tenant commences construction under the terms of the Development Agreement on either the Premises or Landlord's golf course. 2 . Net Lease. This Lease is a net lease. Except as may be expressly provided otherwise in this Lease, all costs incurred in connection with the construction , operation, maintenance and leasing of the Improvements and all costs incurred in connection with and in relation to the Premises shall be paid by Tenant. Landlord shall have no obligation to make any repairs , replacements or renewals of any kind , nature or description whatsoever to the Improvements or the Premises. 1. Real Estate Taxes. Article 5 Taxes A . Tenant shall assume, pay, bear, and discharge any and all Real Estate Taxes with respect to the Premises, or any part thereof, and all other taxes in any manner applicable to or assessed against the Premises or Buildings or any part thereof, or against any of the machinery, fixtures , equipment, or other property or items. Tenant shall pay all Real Estate Taxes directly to the taxing authorities and Tenant shall be credited all reimbursements on account of abatements , refunds, or rebates of Real Estate Taxes. Landlord hereby authorizes Tenant to file and pursue any protest of the valuation of the Premises and abatement petitions for abatement of taxes for any reason , as Tenant may deem t be appropriate. landlord agrees to execute any form of a1:,rreement as may be nccc ar in connection therewith . ll:!S11:!4d 41:!216-0 6 B. In the event there is a special assessment which is included within the definition of Real Estate Taxes herein , and such assessment may be paid in periodic installments, Tenant shall pay such assessments in periodic installments or may prepay the entire special assessment and Tenant shall be responsible only for those installments relating to the period included within the Term of this Lease. In the event any proposed special assessment would provide for payment extending beyond the term of this Lease (excluding any extension period), unless Tenant agrees to pay for all of such assessment, Landlord shall have the right to object to such assessment and to direct Tenant to object or vote to reject such assessment. C. Landlord shall cooperate with Tenant so that all invoices, notices and statements for Real Estate Taxes shall be sent directly by the taxing authority to Tenant. Tenant shall promptly provide Landlord with copies of all notices, invoices or statements Real Estate Taxes received by Tenant. D. Landlord agrees to submit to Tenant all invoices for Real Estate Taxes and notices of special assessments with respect to the Premises within thirty (30) days after receipt by Landlord. Landlord shall furnish Tenant with copies of all Notices of Valuation of the Premises within ten (10) business days after receipt thereof. If Tenant desires to contest such increase, Tenant shall protest such valuation or file an abatement petition within applicable statutory time periods. Landlord shall fully cooperate with Tenant in any such proceeding; provided Landlord shall not be required to incur any costs in connection with such proceeding. 2. Proration of Taxes. If the Term shall expire on any date other than December 31st of any year, the amount payable by Tenant during the calendar year in which such termination occurs shall be prorated on the basis which the number of days from the commencement of said tax fiscal year to and including said termination date bears to 365. A similar proration shall be made for the tax fiscal year in which the Term commences. 3. Personal Property Taxes. Tenant shall pay all taxes charged against trade fixtures, furnishings , equipment or any other personal property belonging to Tenant. Lessee may contest any such personal property taxes, assessments or valuations ; provided, however, Tenant shall do so within the time period permitted by applicable statutes. 112 312 4doc 4122'6-0 10 Article 6 Utilities 1. Utility Usage. Tenant shall as sume , bear, pay, and discharge as its sole and separate obligation all of the applicable charges for all utilities consumed on the Premises. Except in the event of an emergency, neither Landlord nor Tenant shall take any action that interrupts or interferes with any electric , gas , water, sewage, or telephone service to the Premises or to the ad_· ..,,ning property owned by Landlord . Article 7 Use, Subletting, and Assignment 1. Use Subject to the restrictions set forth in Section 1 of Article 19 , Tenant shall use and occupy the Premises during the Tenn of the Lease for all lawful uses in accordance with the requirements of this Lease. Tenant shall not use the Premises, or permit or suffer the use of the Premises by others , for any activities or purposes prohibited by the laws , rules and regulations of the United States or the State of Colorado, or of the ordinances of the county in which the Premises are located, and shall not permit or suffer any pollution of the Premises or any disorderly conduct, noise or nuisance upon the Premises , except as provided in the Environmental Workplan . 2 . Assignment and Subletting. It is understood and agreed that Tenant has entered into a Disposition Development Agreement w ith Weingarten Miller Sheridan LLC for the redevelopment of property west of Santa Fe, and that the Premises will be incorporated in the redevelopment project. Landlord hereby consents to the assignment of this Lease to Weingarten Miller Sheridan LLC and the assumption by Weingarten Miller Sheridan LLC of all of Tenant 's obligations under this Lease , provided the form and substance of the Assignment and Assumption Agreement shall be subject to Landlord 's prior written approval , which approv al shall be in Landlord 's sole discretion. Upon the occurrence of both (1) the assignment to and assumption by Weingarten Miller Sheridan LLC ohhis Lease ; and (2) the deli very to Landlord o f a limited guaranty by Weingarten Realt y In vestors, a Texas real estate in vestment trust , in form and substance satisfactory to Landlord , in its sole discretion , that guaranties performance of all of Ten a nt 's obli gat ions , respon sibilities and co venants regarding various environmental matters, as well as the payment of deductible amounts under an y insuran ce pol icies pro vided b y Tenant in accordance wi th Arti cl es 9 .3 an d in accordance with any environm ental in suran ce requirements set forth in an Assignment and Assumption Agreemen t, then the obligations of the Sheridan Redevelopment Agency, as Tenant, under this Lease shall terminate. Prior to the completion of the performance of all of Tenant 's obligations un der the Development Agreement, there shall be no other assignments of this Lease without the prior written approval of Landlord, which approval sh all b e in Land lord 's sole discretion. Foll owi n g compl etion of th e performan ce of a ll of Tenant's ob ligations und er the Development Agreement, and subject to th e restrictions set forth in Section 1 of Article 19 , Tenant shall have th e right to assign this Lease fro m t ime to time witho ut the approval of Landlo rd provided such assignee, in th e reaso nable determination of Landlord , is an experienced shopping center opera tor; p rovi ded furth er, h owever, no existing guaranty or other security held by Landlord to secure Tenant 's obligations under this Lease shall be released unless a substitute guarantor has a net worth of no t less than $100,000,000 (One Hundred Million Dollars or the guaranty is replaced with substitute collateral in form and ll::?5312 _4d 41 :!:!36 -0 11 ) substance satisfactory to Landlord in its sole discretion. Subject to the restrictions set forth in Article 19 , Section 1, Tenant shall have the right , without Landlord 's consent, from time to time, to sublet portions of the Premises to sub-tenants who are or intend to conduct a trade or business on the subleased premises 3. Non-disturbance of Sub-lessees . No subleases of any portion of the Premises shall be affected by a cancellation or termination of this Lease , and Landlord shall recognize the rights of the subtenants under the subleases, provided such subtenants attorn to Landlord upon Landlord's request. Landlord shall enter into a customary non-disturbance and attornment agreement upon the request of the subtenant under a sublease and shall execute and deliver to Tenant an Estoppel Certificate in a form requested by any Subtenant or any lender to which Tenant grants a security interest in this Lease and/or the Improvements. In no event shall Landlord be obligated to execute any estoppel or non-disturbance and attornment agreement which modifies the terms of this Lease or creates any additional liability or risk for Landlord. 4 . Status of Improvements and Building. As between Landlord and Tenant, at all times during any Term of this Lease, the Improvements, Building, facilities, machinery, fixtures , equipment, or other property or items erected , a part of, or in any manner associated with the Improvements (collecti vely "Tenant's Property") shall for all purposes be considered, and shall be and remain , the sole and separate real and personal property of the Tenant. Upon expiration of the Term of this Lease , by acceleration or otherwise, at Landlord 's option by written notice to Tenant within ninet y (90) days following termination of this Lease, Tenant shall remo ve any or all of Tenant's Property, including any impro vements situated on the Premises, in which ev ent Tenant shall restore any affected portions of the Premises to a clean , graded , dirt capped condition which shall satisfy any then applicable ordinances , regulations or other governmental requirements . In the event Landlord has not exercised its option to require Tenant to remove all improvements situation on the Premises , any of Tenant's Property or improvements which Landlord has not required to be removed shall become the property of Landlord free of any claim by Tenant. Article 8 Mechanics Liens 1. Liens. Tenant shall prom ptly pay when due the entire cost of all work done to the Premises by or at the request of Tenant and Tenant shall keep the Premises free ofliens for labor or materials. Should mechanics', materialmen's, or other liens be filed against the Premises by rea on of the acts of either party hereto ("Contracting Party"), such party shall cause the lien to be canceled and di charged ofrecord within forty-five (45) days of the Contracting Party's receipt of ac tu al notice of such lie n. Notwi th stand ing the fo regoi ng, th e Contractin g Part y m ay conte t, in good fait h and with reasonable diligence, th e va lidity of any su ch lien or clai m ed lien, pro ided that th e contracting party sh all give to the other party such sec urity as may b e rea onably req ue ted by the other party to ensure the payment of any amo unt s claimed an d to pre ent any los of any interest in the Parcels on account of any such lien. If the Contracti n g Part onte t a lien or claimed lien, then on fina l determination of the lien or claimed lien, th e c ntra ting party hall cau e the lien to be relea ed and , in the event of an adver e judgment, 111~"~ 4 J1 • "l.~,(l-{I 6 12 satisfy such judgment. Nothing herein shall be deemed to waive or impair any existing immunity of Landlord to liability or obligations for mechanics ' liens . 2 . Protection of Landlord's Interest in Premises. Nothing in this Lease shall be construed as constituting the consent of Landlord , expressed or implied, to the performance of any labor or the furnishing of any materials or any specific improvements, alterations of or repairs to the Premises or the improvements thereon , or any part thereof, by any contractor, subcontractor, laborer or materialman, nor as giving Tenant or any other person any right , power or authority to act as agent of or to contract for , or permit the rendering of, any services or the furnishing of any materials in such manner as would give rise to the filing of any mechanics ' liens or other claims against the fee of the Premises or the improvements thereon. Landlord shall hav e the right at all reasonable times to post, and keep posted, on the Premises any notices which Landlord may deem necessary for the protection of Landlord and it interest in the Premises and the improvements thereon from mechanics ' liens or other claims. Article 9 Indemnity and Insurance 1. Indemnity. From and after the Effective Date and continuing at all times thereafter during the Term hereof: A. Tenant assumes all risk of loss , damage, or destruction to the Premises , Improvements , Buildings and contents, or to any other property brought upon the Premises, Improvements , and Building by Tenant, or by any other person, with or without the consent or knowledge of Tenant. Tenant hereby indemnifies and agrees to protect and defend Landlord from all such loss, damage, or destruction including claims and causes of action asserted against Landlord . B. Tenant shall indemnify and save harmless Landlord and any of its officers , members, employees, elected officials, contractors and agents from any and all claims, losses , damages, or expenses , on account of injuries to or death of any and all persons whomsoever while on the Premi ses , and any and all lo ss or destruction of or damage to the Premises , the Improvements, the Building and any contents and personal property located upon the Premises and owned by, rented to , or in the care, cu stody, or control of the p artie s hereto , o r an y o f Tenant's subtenant s, ari sin g or grow in g out of, or in an y manner connected with : (i) any use and occupancy of the Premises by Tenant or any subtenants for a Permitted Use or otherwise; (ii) caused or occasioned, in whole or in part, by reason of or arising during the presence upon the Premises of the person or the property of the Tenant, its officers, employees, agents, subtenants, renters, cu stomers, invitees, licen sees, servants, contractors, sub co ntractors, materialmen , suppl iers, wo rkm en, laborers, and th e empl oyees an d agents of each of th e foregoi n g, or an y and all other p erso n s, invit ed or oth erwise, wi th or wi thout Tenan t 's co n sent, wh ile on th e Premises; (iii) arising out of or resulting from Tenant 's development, sa le or marketing of the Pre mi ses an d/or th e Improvement s; an d (iv) any pl ans or designs for th e Improvements prepared by or on behalf of Ten ant or Guarantor. 11 15312 4.doc 4 l :!:!36 -086 13 C. Tenant hereb y indemnifies and sav es harmless Landlord and any of its officers , members, employee .. elected offic ial s, contractors and agents from any and all claims , losses damage •• or expense .. on account of injuries to or death of any and all persons whomsoe er, and any a nd ull los. o r de struction of or damage to any real or personal property adjacent to th e Prcm i. c .. ca used by Tenant or any of its employees, managers , members, o fficer s, contru cto rs, subcontractors, materialmen, suppliers , workmen , laborers .. uhtcnant • renters, customers , invitees, licensees , servants or agents. D. TI1e foregoin indemnities shall not apply to any injuries , death, claims, losses, damages and expense . arising so lely as a result of any negligence or intentional acts of Landlord or it · o fli cers, employees, contractors or agents. 2. A . Tenant further agrees that it will appear and defend at its own expense, in the name and o n bchal f of Landlord , all claims or suits for injuries to or death of persons or Joss or destruction of or damage to property arising or growing out of or in any manner connected with or ca u. cd or occasioned by or in connection with its indemnities set forth in Article 9. I above. 3. T t' s •. From and after the Effective Date of this Lease and continuing in full force and effect at all times thereafter throughout the entire Term of this Lease, at Tenant's sole cost and c pen sc for the benefit of Landlord, Tenant, and any Mortgagee under a Leasehold Mortga ge, a. named in s ured , as their respective interests may appear, the Tenant shall maintain Commercial eneral Liability insurance for bodily injury, personal injury, and death and propert y lo .• , destruction, and damage including contractual liability by which the insurer(s) without exclu ion. in . ure to the extent of the policy(ies) limits the liabilities and indemnities as urned b y the Tenant under thi s Article 9 , with a minimum combined single limit of not less than $25,000.000 .00 per occurrence and in the aggregate, with a deductible in amount which is commer iall y rea.onahlc. In the event this Lease is assigned and assumed by Weingarten Miller Sheridan LL , pa yment of the deductible shall be guaranteed by Weingarten Realty Investors , a Texa ~ real e 'late inve ·tment trust in accordance with the terms of its limited guaranty as referred to in e ti on 2 of Article 7. Coverage shall include, but shall not be limited to , contractual liabilit . per. onal injury and death , owners and contractors protection, elevator liability, liquor li abilit (to thee te nt applicable), products and completed operations, explosion, collapse and underground o erage. These insurance requirements shall in no way limit or modify any of the liabilitiel-1 , indemnitie , or obli gations of Tenant under any prov ision of this Lease. 4 . In . uran c Policies and Certificates. All of the insurance policies required purs uant to Article 9 .3 hall be written with companies licensed to do business in the State of olorndt , with a financial rating of VIII or better and a policyholder's rating of A (CONFIRM] or better in the latest edi ti on of Best's Rating Guide on Property and Casualty Insurance on 1:mi •. (or equi alent, if s uch guides is no lon ger published), and such policies shall provide that Landlord . hall be given a minimum of thirty (30) days' written notice by any such insurance cnmpan prior to the cancellation, termination, or alteration of the terms or limits of such c wcra •c . o pie of uch policies shall be delivered to Landlord endorsed premium paid by the cornpan I or aµent issuing the same, or accompanied by other evidence satisfactory to Landlord that the pn.:mium thereon have been paid. Such policies and evidence of payment shall be deli, crcd to andlord prior to or concurrent with the first entry upon the Premises , or any portion 11 ."I::! 4 J,, 41 .: 1, ti h 14 thereof by Tenant, its contractors and subcontractors . Upon expiration of su ch policy, a new policy with the required endorsements attached , plus evidence of premium payment , shall be delivered to Landlord not less than thirty (30) days prior to the expiration of the then current policy term. At no time shall the amount of any deductible under any policy of insurance required hereunder exceed the amount customarily provided for similar type properti es in th e metropolitan Denver, Colorado area. The liability insurance requirements hereunder shall be re view ed by Landlord and Tenant every three (3) years for the purpose of determining the adequacy of the limits and mutually adjusting (in consultation with their respective insurance advisors , if there are any) the minimum limits of such insurance from time to time to limits which shall be reasonable and customary for similar facilities oflike size and operation. if the parties are unable to mutually agree upon the adequacy of the then existing limits or any new limits at least ninety (90) days prior to the expiration of an existing policy or policies, the parties shall mutually agree upon an independent insurance advisor with experience in securing or writing policies of insurance for similar facilities of like size and nature, who shall thereupon determine the adequacy of the then existing limits and/or establish the new limits for the insurance policies hereunder with respect to which the parties cannot agree. If the Tenant fails to obtain insurance policies in accordance with such independent insurance advisor's determination, the Landlord may petition the District Court for an order requiring Tenant to obtain insurance in accordance with the requirements of this Lease. 5. Blanket Insurance. Nothing in this Article 9 shall prevent Tenant from taking out insurance of the kind and in the amount required under a blanket insurance pol icy or policies ( copies of which shall be delivered to Landlord) which may cover other properties owned or operated by Tenant or its affiliates as well as the Premises, Improvements , and Buildings ; provided, however, that any such policy of blanket insurance of the kind provided for : (i) shall specify therein the amount required by Article 9 to be carried by Tenant and shall furnish Landlord and the holder of any leasehold mortgage on the Premises, Improvements, and Buildings with a written statement from the insurers under such policy(ies) specifying the amount of the total insurance allocated to the Premises, Improvements, and Buildings ; and (ii) that such policies of blanket insurance shall , with respect to the Premises , Improvements, and Buildings, contain the v arious provisions requ ired by the pro visions of Article 9. 6. Unearned Premiums. Upon any ex piration of the Lease, any unearned premiums paid by Tenant occasioned by the short rate cancellation of such policy(ies) shall be payable to Tenant. Articl e 10 Damage or De struction 1. Damage and Destru cti on. If th e Premises or any of the Improvemen ts are damaged or destroyed during th e Term of this Lease by a fire or other ca ualty ("Ca ua lty"), this Lease shall contin ue in effect, un less Tenant e lects to termi nate thi Lea e by giving written notice to Landl ord within one hundred eighty (180) days of the date of the Ca ualty pecifying a date of termination within sixty (60) days after the date of the notice , in which event, Tenant shall remove and raze the portion of the Premises which i damaged , rem ve and dispo e of all 112 312 4 .doc 4 12236-0 6 15 hazardous materials in accordance with applicable legal requirements , and , at Landlord's election, level and either pave over or seed such portion of the Premises , and pay off and discharge any Leasehold Mortgage. The balance, if any, of any insurance proceeds shall be retained by Tenant. In no event shall Tenant have any claim for refund of any rent paid hereunder or any other payments made in connection with this Lease . Article 11 Eminent Domain It is the understanding of Landlord and Tenant that under the applicable law , the Premises are not subject to being taken under power of eminent domain. However, should the Premises or any portion thereof hereafter become subject to such taking, the parties agree as follows : 1. Automatic Termination . If, after the execution of this Lease and prior to the expiration of the Term, the whole of the Premises shall be taken under power of eminent domain by any public authority, or conveyed by Landlord to said authority in lieu of such taking (collectively, "Condemnation"), then this Lease and the Term shall cease and terminate as of the date of such taking, subject, however, to the right of Tenant, at its election, to continue to occupy the Premises, subject to the terms and provisions of this Lease, for all or such part, as Tenant may determine, of the period between the date of such taking and the date when possession of the Premises shall be taken by the taking authority, without any refund of any rent or other charges , if any, paid in advance by Tenant. In no event shall Tenant have any claim for refund by Landlord of any rent paid hereunder or any other payments made in connection with this Lease. 2. Termination Right. If, after the execution of this Lease and prior to the expiration of the Term , any Condemnation shall result in a taking of any portion of the Improvements , or any portion of the Premises , which taking in Tenant's sole discretion materially impedes or interferes with access to the Premises, or materially affects the conduct of Tenant's business as theretofore conducted at the Premises, then Tenant may, at its election, terminate this Lease by giving Landlord notice of the exercise of Tenant's election within one hundred eighty (180) days after Tenant shall recei ve notice of such taking . Without limiting the generality of the foregoing , any taking of an y portion of the Buildings shall automatically in v oke the foregoing termination ri ghts. In th e event of te rmination by Tenant und er the pro visions of thi s Article, this Lease and th e T erm sh all cease and termi nate as of th e date of su ch tak ing, subject to th e righ t of Tenant , at its election , to continue to occupy the Premises, subject to the terms and provisions of this Lease, for all or such part as Tenant may determine for the period between the date of such taking and the date when possession of the Premises shall be taken by the appropriating authority, without refund of any rent or other charges, if any, pai d in advance by Tenant. In no event shall Tenant have any claim for refund by Lan dl ord of any rent pai d h ereun der or an y oth er p ayments made in connection with this Lease. 3. Restoration. In the event of a Condemnation with respect to which Tenant sh all not have the right to elect to termi n ate th is Lease or, having such right , shall not elect to terminate this Lea se, this Lease and the Term shall continue in full force and effect for that portion of the Premi ses which shall not have been expropriated or taken . 11 253 12 4.doc 4 12236 -Cl '6 16 4 . Award -Lease Not Terminated. In the event of a Condemnation of any portion of the Premises and/or the Improvements more than ten ( 10) years prior to the end of the Lease Term or any Option Term, and the Lease is not terminated, the award paid by the condemning authority shall be paid to Tenant. 5. Award -Lease Terminated. In the event of a Condemnation and the Lease is tenninated, or a Condemnation ten (10) years or less to the end of the Lease Term or Option Term as herein provided and the Lease is not terminated, the award paid by the condemning authority shall be allocated as follows: A. The Leasehold Mortgagee first shall be paid the balance due on any note and Leasehold Mortgage; then B. Second, to Landlord up to an amount equal to Landlord's residual interest in the land value of the Premises taken; and C. Third, the balance of the award to Tenant. 6. Termination. In the event of any termination of this Lease as the result of the provisions of this Article, the Parties , effective as of such tennination , shall be released , each to the other, from all liability and obligations thereafter arising under this Lease, and this Lease shall become null and void and of no further force or effect , except as to the allocation of an award in the condemnation. Article 12 (INTENTIONALLY OMITTED( Article 13 Default 1. Remedies Upon Tenant's Default. In the event Tenant (and regardle ss of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings in law, in equity or before any administrative tribunal which have or might have the effect of preventing Tenant from complying with the terms of this Lease) shall at any time be in default in the observance or performance of any of the covenants and agreement required to be ob erved by Tenant hereunder (a "Default"), and any such Default shall continue fi r a peri d of thirty (30) days after written notice to Tenant and to any and all Lea ehold Mortgagee(s) for monetary obligations and sixty (60) days after written notice to Tenant and to any and all Leasehold Mortgagee(s) for all other obligations (or if such Default is incapable fbeing cured in a reasonable manner within sixty (60) days , and Tenant or a Leasehold M rtgagee ha not commenced to cure the same within said sixty (60) day period and thereafter diligently prosecutes the same to completion) and Tenant or any Lea ehold M rtgngce shall n t thereafter cure such Default, then Landlord shall be entit led a it ole remedy t (a) bring 'Uit for the ollection of the rent or other amounts for whic h T nant m b'-= in Jc fault, u1 fur the performance of any other covenant or a&'Teement de ol ing upon Tenant and/or (b) cure uch Default and seek reimbursement from Tenant for the cl ·t of curing the Default, together with ll:?531:? 4dx 41 2236-Cl 6 17 interest at a per annum rate equal to the Prime Rate plus five percent (5%), all without entering into possession or terminating this Lease . For purposes of this Lease , Prime Rate shall be the prime rate published in the Wall Street Journal or other comparable publication in the Wall Street Journal is no longer published, adjusted with each change in the prime rate. In the event Tenant breaches the restrictions on use set forth in Article 19.1 , Landlord shall be entitled to immediate injunctive relief. Landlord 's rights herein shall be subject in all respects to the pro visions of Article 18 below. 2 . Remedies Upon Landlord's Default. In the event Landlord shall at any time be in default in the observance or performance of any of the covenants and agreements required to be performed and observed by Landlord hereunder and any such default shall continue for a period of sixty (60) days after written notice to Landlord (or if such default is incapable of being cured in a reasonable manner within sixty (60) days and if Landlord has not commenced to cure the same within said sixty (60) day period and thereafter diligently prosecutes the same to completion), and Landlord shall not thereafter cure such default , Tenant shall be entitled, at its election, to bring suit for the collection of any amounts for which Landlord may be in default , or for the performance of any other covenant or agreement devolving upon Landlord , without terminating this Lease, in addition to all remedies otherwise provided in this Lease and otherwise available at Jaw or in equity under the Jaws of the United States or the State of Colorado. 3. Attorneys ' Fees. In the event that either Landlord or Tenant commences any act ion for the collection of any amounts for which the other ma y be in default or for the performance of any other covenant or agreement hereunder, the prevailing Party in any such action shall be awarded its costs and expenses , including, but not limited to , all attorneys ' fees and expenses incurred in enforcing such obligations and /or collecting such amounts , from the other Party to such action . 4. Wai ver of Consequential Damages. In no event shall either Landlord or Tenant have the right to reco ver consequential damages of an y kind from the other. Except as limited h erei n abo ve , a ll rights and remedies may be e xer ci sed and enforced concurrently and when ever and as o ft en as Landlord or Tenant shall deem neces sary . Nothin g co ntain ed herein sh all preclud e, or b e deemed a waiver, of Landlord 's ri ght to rec over damage s sustained by Landlord which res ult from any activity th at affec t s th e ph ysica l p lay of La ndlord 's adjacent go lf co ur se, including but not limited to the drainage swale which Tenant intends to install on the western line of the Premises. Landlord acknowledges that Tenant intends to develop the Premises as a retail shopping center; Landlord agrees that Tenant shall not be liable for damages arising solely from the activity occurring in connection with such retail operation ; provided such activity does not res ult in an adverse ph ysical co nd it ion of La ndlord 's adjacent go l f course wh ich impairs the physical play of the golf course. Tenant agrees that Land lord shall not be liab le for damages arising from Landlord's operation of its adjacen t golf course or arising from the u se of such cours e by any other party, incl uding but not limited to damages arising from golf ball s landing on the Lea sed Premises . 11 253 12 4 .doc 41 :!236-0,6 18 Article 14 Covenant of Quiet Enjoyment Landlord agrees that Tenant shall quietly and peaceably hold , possess, and enjoy the Premises, without any hindrance or molestation by the agents or employees of Landlord , and further , Landlord shall , and any additional exceptions created by Tenant or created by Landlord and approved by Tenant, defend the title to the Premises and the use and occupancy of the same by Tenant against the lawful claims of all persons whosoever, except those claiming by or through Tenant. Tenant 's use of the Premises shall not result in an adverse condition of the physical condition of Landlord 's adjacent golf course which impairs the physical play of the golf course. In no event shall Landlord be liable for , or otherwise be responsible for , any injury or damage to the Premises or property of Tenant 's subtenants, or their employees, guests , invitees or any other person arising from the operation of Landlord 's adjacent golf course, including but not limited to any claim arising from golf balls landing on the Premises . Article 15 Subordination; Landlord's Right to Mortgage and Convey Premises Landlord may mortgage its interest in the Premises, provided such mortgage expressly provides that the rights and interests of the mortgagee thereunder are subject and subordinate to the rights and interests of Tenant hereunder and the rights of any Leasehold Mortgagee under any Leasehold Mortgage then or thereafter existing. Should Landlord sell , convey, or transfer its interest in the Premises or should any mortgagee of Landlord succeed to Landlord's interest through foreclo sure or deed in lieu thereof, Tenant shall attorn to such su cceeding party as its landlord under thi s Lease promptly upon any such succession, provided such succeeding party assumes all of Landlord's duties and obligations under this Lease. Such succeeding party shall not be liable for any of Landlord's obligations and duties hereunder prior to its assumption of Landlord's duties and obligations hereunder, except that Tenant shall be entitled to any offsets or defense which may hav e arisen prior to such succeeding party's assumption , which such offsets or defenses are specifically provided herein or are otherwise p ennitted by law. Article 16 Transfers by Landlord No transfer or sale of Landlord's interest hereunder shall release Landlord from any of its obligations or duties hereunder prior thereto . Landlord shall be released of any ongoing obligations hereunder from and after the date of such transfer and only upon the assumption of all such obligations and duties by the transferee of Landlord. Notwithstanding anything contained herein to the contrary, in no event shall Landlord have the right to transfer, in any manner whatsoever, or to sell its interest hereunder prior to delivery of possession of the Premises to Tenant. 1125312 4doc 412236-() 6 19 Article 17 Miscellaneous 1. Non-Waiver of Default. No acquiescence by either Party to any default by the other Party shall operate as a waiver of its rights with respect to any other breach or default, whether of the same or any other covenant or condition. 2. Recording. This Lease shall not be recorded . The parties shall execute, acknowledge, and deliver to each other duplicate originals of a short form or memorandum of this Lease ("Memorandum of Lease") in substantially the form of Exhibit C attached hereto and incorporated herein, describing the Premises and setting forth the Term of this Lease. The Memorandum of Lease shall be recorded at Tenant's expense. If Tenant terminates this Lease, upon request of Landlord, Tenant will execute and deliver to Landlord a termination of the Memorandum of Lease suitable for recording. 3. Notice. Any notice, request, offer, approval, consent, or other communication required or permitted to be given by or on behalf of either Party to the other shall be given or communicated in writing by personal delivery, reputable overnight courier service which keeps receipts of deliveries (i .e., Federal Express), or United States certified mail (return receipt requested with postage fully prepaid) or express mail service addressed to the other Party as follows: If to Tenant: With copies to: If to Landlord : With copies to: Sheridan Redevelopment Agency 4104 South Federal Boulev ard Sheridan, CO 80110-5399 Attention: Executive Director Windholz & Associates 1650 38th Street, Suite 103 W Boulder, Colorado 80301 Attn: Jim Windholz Esq . City of E nglewood 1000 En glewood Parkway Englewood, Colorado 80110 Attention: City Manager City of Englewood 1000 Englewood Parkway Eng lewood , Co lorad o 80110 Attention: Ci ty Attorney or at such other address as may be specified from time to time in writing by either Party. All such notices hereunder shall be deemed to have been given on the date personally delivered or the date marked on the return receipt, unless delivery is refused or cannot be made, in which case the date of pos tmark shall be deemed the date notice has been given. 11 253 12 4.doc 41 2236-0 6 20 4 . Successors and Assigns . All co venants, promises, conditions , representations , and agreements herein contained shall be binding upon , apply to , and inure to the benefit of the Parties hereto and their respective heirs , executors , administrators, successors (including subtenants), and permitted assigns. 5. Partial Invalidity. If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be held invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 6. Inter:pretation. In interpreting this Lease in its entirety, any additions written or typed thereon shall be given equal weight , and there shall be no inference, by operation of law or otherwise, that any provision of this Lease shall be construed against either Party hereto. This Lease shall be construed without regard to any presumption or other rule requiring construction against the Parties causing this Lease to be drafted . 7. Headings, Captions, and References. The section captions contained in this Lease are for convenience only and do not in any way limit or amplify any term or provision hereof. The use of the terms "hereof," "hereunder," and "herein" shall refer to this Lease as a whole, inclusive of the Exhibits, except when noted otherwise. The terms "include," "includes," and "including" incorporate the meaning "without limitation." The use of the masculine or neuter genders herein shall include the masculine, feminine , and neuter genders and the singular form shall include the plural when the context so require s. 8. Go verning Law . This Lease shall be construed under the laws of the State of Colorado. 9. Execution of Documents. Landlord and Tenant shall each cooperate with the other and execute such documents as the other Party may reasonably require or request so as to enable it to conduct its operations, so long as the requested conduct or execution of documents do es not dero gat e or alter the powers , rights , duties , and responsibilities of the respective Parties. 10 . Force M a jeure. Whenev er a party is required to perform an act under this Lease by a certain time, unless specifica ll y provi ded oth erwise in this Lease, su ch party may ex tend the deadline in the event of Excusable Delay. In the event a p arty elects to so extend a d eadl ine, such party shall first give written notice to the other party within twenty (20) days following the commencement of the Excusable Delay setting forth the event giving rise to the Excu sabl e Delay. The party electing to extend the deadline shall within twenty (20) days fo ll owing th e end of the Excusable Delay give an additional written notice to the oth er party sett ing forth the number of days the period has been extended as a result of th e Excusa bl e D elay and the d etail s of uch delay. 11 . Waiver of Landlord's Lien . Landlord h ereby waives any lien it may h ave fo r rent against any and all of the property of any of Tenant's sub lessees of any portion of the Premises. 11::?~31::? 4 d 41::!::?'6 ·(1 6 21 Article 18 Leasehold Financing 1. Mortgage by Tenant. Tenant may, from time to time, hypothecate, mortgage, pledge, or alienate the Improvements and/or Tenant's leasehold estate and rights hereunder. Such lien shall be referred to herein as a "Leasehold Mortgage" and the holder or holders of any such lien shall be referred to herein as a "Leasehold Mortgagee ." The Leasehold Mortgagee's interest in the Premises and this Lease shall be subordinate, junior and subject to Landlord's ownership of the Premises and interest in this Lease. A Leasehold Mortgage shall encumber no interest in the Premises other than Tenant 's interest in the Lease and the Improvements located on the Premises, including any personal property of Tenant, and any subleases of portions of the Premises. A Leasehold Mortgagee or its assigns may enforce such lien and acquire title to the leasehold estate in any lawful way and , pending foreclosure of such lien, the Leasehold Mortgagee may take possession of and operate the Premises, performing all obligations performable by Tenant, and upon foreclosure of such lien by power of sale, judicial foreclosure , or acquisition of the leasehold estate by deed in lieu of foreclosure , the Leasehold Mortgagee may sell and assign the leasehold estate hereby created. Notwithstanding anything herein contained to the contrary, the Leasehold Mortgagee or any person or entity acquiring such leasehold estate shall be liable to perform the obligations imposed on Tenant by this Lease only during the period such person has ownership of said leasehold estate or possession of the Premises. Landlord agrees to provide an estoppel to any Leasehold Mortgagee upon written request therefor, prov ided such estoppel does not obligate Landlord to acknowledge or consent to any modifications or interpretations of this Lease not previously agreed upon by both parties in writing . 2 . Notice To and Rights Of Leasehold Mortgagees. A . When giving notice to Tenant with respect to any default hereunder, Landlord shall also serve a copy of such notice upon any Leasehold Mortgagee who shall have given Landlord a written notice specifying its name and address. No such notice shall be effective against any Leasehold Mortgagee unless and until served on any Leasehold Mortgagee as herein provided. In the event Tenant shall default in the performance of any of the t erms , covenants, agreements, and conditions of this Lease to be performed on T enant's part, an y Leasehold Mortgagee sh all have the right, within th e grace period avai labl e to Tenant for curi n g su ch d efault or su ch addit ional tim e a s m ay be granted to any Leaseho ld Mortgagee herein, to cure or make good, such default or to cause the same to be cured or made good, whether the same consists of the failure to pay rent or the failure to perform any other obligation, and Landlord shall accept such performances on the part of any Leasehold Mortgagee as though the same had been done or p erfo rm ed b y Tenan t. B. In the case of a defa ult by Tenant in the payment of money, Lan d lord will take no action to effect a tennination of this Lease by reason thereof unless such default has continued beyond forty-ft ve ( 45) days after La ndl ord shall h ave served a copy of such notice upon Tenant and any Leasehold Mortgagee who has given Landlord notice as provided in Article 18.2.A above, it being the intent hereof and the understanding of the patties that any Leasehold Mortgagee shall be allowed not Jess than fifteen ( 15) days in 11 25 12 4doc 41 2236-0 6 22 addition to the thirty (30) days granted to Tenant to cure any default of Tenant in the payment of rent or in the making of any other monetary payment required under the terms of this Lease . C . In the case of any other default by Tenant, it being the intent hereof and the understanding of the parties that any Leasehold Mortgagee shall be allowed , in addition to any grace period granted to Tenant, an additional time as hereinafter specified to cure a non-monetary default of Tenant, Landlord shall take no action to effect a termination of the term of this Lease by reason thereof unless such default has continued beyond the grace period available to Tenant for curing said default , and then only after Landlord shall have served a copy of a notice upon any Leasehold Mortgagee who has given Landlord notice as pro vided in subparagraph Article 188.2.A above , in the payment of rent or in the making of any other monetary payment required under the terms of this Lease within which either: a) to commence and diligently proceed to cure within thirty (30) days such default, if such default is susceptible of being cured by the Leasehold Mortgagee without obtaining possession of the Premises; b) to commence within thirty (30) days and diligently proceed to obtain possession of the Premises (including possession by a receiver) and to cure such default within thirty (30) days following possession or the appointment of a receiver in the case of a default which is susceptible of being cured when the Leasehold Mortgagee has obtained po ssession thereof; or c) if such default is not susceptible of being cured by obtaining possession (including possession by a receiver) to institute foreclosure proceedings within thirty (30) days and thereafter to complete such foreclosure proceedings or otherwise acquire Tenant's interest under this Lease with reasonable and continuous diligence. A Leasehold Mortgagee shall not be required to continue such possession or continue such foreclosure proceedings if the default which prompted the service of such a notice has been cured. D. In th e ev ent that this Le ase is terminated by Landlord on account of an y defaul t, Landl ord sh all giv e pro mpt noti ce th ereof to ea ch Leasehold Mort gagee w ho h as given notice to be notified. Landlord , within thirty (30) days after receiving a written request therefor, which shall be given within sixty (60) days after such termination, will execute and deliver a new lease of the Premises to the Leasehold Mortgagee or its nominee or to the purchaser, assignee, or transferee, as the case may be, for the remainder of the term of this Lease, containing the same covenants, agreements, terms , provisions, and limitat ions as are contained herei n, provi ded that th e Leaseho ld Mo rt gagee sh all (i) pay to Land lord, sim ultaneo us ly wi th the delivery of such new lease, all unp ai d rental du e under this Lease up to and incl uding the date of the commencement of the term of such new lease and all expenses in cluding, witho ut limi tatio n, reaso nab le attorneys' fees and disbursements and court costs incurred by Landlord in connection with the defau lt by Tenant and the termination and the preparation of the new lease, and (ii) the Leasehold I I 253 I 2 4 doc 4122 ,6-() '6 23 Mortgagee shall commence and diligently proceed to cure all defaults existing under this Lease. E. As long as there is a Leasehold Mortgagee, neither the bankruptcy nor the insolvency of Tenant shall operate or pennit Landlord to terminate this Lease as long as all rent specified above and all other charges of whatsoever nature payable by Tenant continue to be paid in accordance with the term of this Lease . In the event of a filing of a petition in bankruptcy by the Tenant, and the Tenant rejects this Lease under Section 365 of the Bankruptcy Code (or any replacement thereof), the Landlord shall, upon the request of a Leasehold Mortgagee which has been approved by Landlord , affirm this Lease, and the Landlord will enter into a new lease on the same terms and conditions with the Leasehold Mortgagee immediately upon Tenant's rejection of this Lease . In the event of a filing of a petition in bankruptcy by the Landlord, and the Landlord rejects this Lease and the Tenant does not affirm it , a Leasehold Mortgagee will have the authority to affirm this Lease on behalf of the Tenant and to keep the Lease in full force and effect. F. The time available to a Leasehold Mortgagee to initiate foreclosure proceedings as aforesaid shall be deemed extended by the number of days of delay of occasioned by judicial restriction against such initiation or occasioned by other circumstances beyond the Leasehold Mortgagee's control. G. During the period that a Leasehold Mortgagee shall be in possession of the Premises and/or during the pendency of any foreclosure proceedings instituted by a Le a sehold Mortgagee, the Leasehold Mort gage e shall pay or cause to be paid all charges of whatsoever nature payable by Tenant hereunder which hav e been accrued and are unpaid and which will thereafter accrue during said period. Following the acquisition of Tenant's leasehold estate by the Leasehold Mortgagee or its designee, either as a result of foreclosure or acceptance of an assignment in lieu of foreclosure , the Leasehold Mortgagee or party acquiring title to Tenant's leasehold estate, whereon Landlord's right to effect a termination of this Lease based upon the default in question shall be deemed wai v ed . Any default not susceptible of being cured by the Leasehold Mortgagee or party acquiring title to Tenant's leas ehold estate shall be and shall be deemed to have been wa ived b y Landlord upon completion of the foreclo sure proceedings or acquisition of Tenant 's interes t in thi s Lease by any purchaser (who may, but need not be, the Leasehold Mo rtgagee) at th e forecl o sure sale, or who otherwise acquires Ten ant 's interes t fr om th e Leasehold Mortgagee or by virtue of a Leasehold Mortgagee's Exercise of its remedies . Any such purchaser, or successor of purchaser, shall not be liable to perform the obligations imposed on Tenant by this Lease incurred or accruing after such purchaser or successor no longer has ownership of the leasehold estate or possession of the Premises . H. Nothing h e rei n sh all preclude La ndlord from exercising any of Landl ord's rights or remedies with respect to any other default by Tenant during any period of any such forbearance , subject to the rights of any Leasehold Mortgagee as herein provided. I. In the event two or more Leasehold Mortgagees each exercise their rights hereunder and there is a conflict which renders it impossible to comply with all such requests the Leasehold Mortgagee whose leasehold mortgage would be senior in priority 1 l :?53 12 4 d 4 l :?:?36-0 6 24 ) if there were a foreclosure shall prevail. In the event any Leasehold Mortgagee pays any rental or other sums due hereunder which relate to periods other than during its actual ownership of the leasehold estate, such Leasehold Mortgagee shall be subrogated to any and all rights which may be asserted against Landlord with respect to such period of time . Upon the reasonable request of any Leasehold Mortgagee, Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision for the purpose of implementing the protective provisions contained in this Lease for the benefit of such Leasehold Mortgagee in allowing such Leasehold Mortgagee reasonable means to protect or preserve the lien of its proposed Leasehold Trust Deed on the occurrence of a default under the terms of the Lease . Landlord and Tenant shall execute, deliver, and acknowledge any amendment reasonably necessary to affect any such requirement; provided , however, that any such amendment shall not in any way affect the tenn or rental under this Lease nor otherwise in any material respect adversely affect any rights of Landlord under this Lease or impose any additional liability or risk on Landlord. Article 19 Additional Provisions 1. Restrictions. Tenant agrees to prohibit occupancy of the Premises by Wal-Mart , by any office product sellers (excluding sellers using less than 20% of their floor space to sell office supplies), pet supply sellers (excluding sellers using less than 20% of their floor space to sell pet supplies), full service sporting goods sellers like Sports Authority, and Dick's Sporting Goods , so Jong as tenants with such uses are in operation in the City Center Englewood Shopping Center are in operation, and for two years after such uses are no longer present at the City Center Englewood Shopping Center. 2. Open Space Plan. Tenant will facilitate and make reasonable efforts to enlist the cooperation and participation, of the City of Sheridan in the South Platte River Open Space. 3. Englewood Golf Complex. Unless this Lease is terminated pursuant to Article 3 .2.G or 3.3.D , Tenant shall be responsible for the cost of rebuilding the Englewood golf complex in accordance with the terms and conditions of the Development Agreement. 4. New Road: Landlord 's access . T en ant int e nds to construct a road runnin g from north to south on the western portion o f the Premises and immediately to the east of a drainage swale to be constructed by Tenant ("New Road "). Landlord shall have the right , at its sole cost , to obtain access from the New Road to its adjacent property, which access shall be at not more than 2 locations to be determined by Landlord . The access points and Landlord 's use of the access an d road sh all comply with a ll appl icable laws a nd regu latio n s, and Landl ord sh all pay any cost or increment al cost res ult ing from such access. 5. Non-material Amendments requested by Sub-lessees. Upo n the reaso n ab le request of any Sub-lessee , Landlord shall cooperate in incl uding in this Lease suitabl e amendments from time to time , provided , however, that any such amendment shall not in any way affect the business terms between Landlord or Tenant , including but not limited to the 1125312 4doc 412236 -<I 6 2 5 - rental or lease term under this Lease nor otherwise in any material respect adv ersely affect any rights of Landlord under this Lease or impose any additional liability or risk on Landlord . 6. Public Indemnification . So long as the Tenant under this Lease is a public or quasi-public entity, any indemnification by the Tenant as pro v ided in this lease shall be enforceable against the public or quasi-public entity only the extent such entity has the legal authority and power to provide such indemnity. Article 20 Representations of Landlord and Tenant 1. Representations of Landlord . Except as otherwise disclosed on Schedule 1 attached hereto , Landlord represents and warrants to Tenant that , as of the Effective Date: A. Landlord is a Home Rule Municipal Corporation validly existing under the laws of the State of Colorado. Landlord has the full right , power and authority to enter into this Agreement and to perform Landlord's obligations hereunder. B. This Agreement {i) has been duly authorized , executed , and deli v ered by Landlord ; and (ii) is the binding obligation of Landlord. C . Landlord has not grant ed, other than to Tenant, any outstanding option , right of fir st refu sal or any preempti ve right with res pect to the purchase of all or any portion of the Premises . D . To the best of Landlord 's knowledge, the Premises and use and occupancy thereof is not in violation of any laws and no written notice of such violation has been recei ved by Landlord and , except as noted in the following sentence, is not the subject of any exi sting, pending, or threatened investigation or inquiry by any governmental authority or subject to any remedial obligations under any laws pertaining to or relating to h azardou s material s or other Environmental Conditions . Tenant acknowledge s that it has b een advised that th e Pre mises are subject to on going in ve stigation and supervisi on by appl ica bl e agencies or departm ent s of th e State of Col orado with regard to the Environmental Cond itions existi ng on the Premises. E. There are no unrecorded easements or rights-of-way affecting any or all of the Premises except the sanitary sewer interceptor lines as previously disclosed by Landlord to Tenant. F. No lawsuit has been filed against Lan dl ord regarding the Premises. G. Except as noted in the following sentence, there are no other leases, agreements or contracts in existence relating to the Premises, including, witho u t limitation. tenant lea es , service contracts or management agreements. Landlord currently has an agreement with the City of Sheridan for payment in lieu of taxes, has agreements with various concessionaires operating in its golf course facility , has one or 11::! 3 12 4.doc 4 l:?:?36 -0 6 26 more sign agreements for ad vertising at its golf course, and has agreements relating to the Golf Course Enterpri se Revenue Refunding Bonds , Series 2003. None of the forgoing agreements create any obligations , restrictions or limitations relating to the Premises or its use, nor conflict with any prov isions of this Lease . H. Landlord has recei ved no notice from any insurance company with respect to the cancellation of any policy concerning the Premises or refusal of the insurance company to insure the Premises. I. There are no oral agreements affecting the Premises . J. There is no litigation pending with respect to the Premises relating to any environmental law violations. Landlord and Tenant acknowledge that a portion of the Premises consists of a landfill which was closed several years ago. Except as disclosed with respect to the Environmental Conditions at the Premises, and as may be otherwise ascertainable by Tenant through its own investigations and due diligence, no notice of any violation of Environmental Laws or r other written communication pertaining to Environmental Conditions at the Premises has been received by Landlord from a governmental agency. K. There are no agreements , commitments or understandings by or between Landlord and any third party pursuant to which (i) Landlord agrees to make the Premises part of any special assessments , special district , or taxing district ("Assessments"), or (ii) Landlord or its successors in interest are required to sell , grant or dedicate any part of the Premises or to grant any easement, water rights , rights-of-way, road or license for ingress and egress or other use in respect to any part of the Premises, whether on account of the development of adjacent or nearby real property or otherwise. Landlord has no knowledge of any Assessments being contemplated. L. Landlord has no knowledge of any fact, condition, or action , present, contemplated , or threatened, which would or may result in the termination or impairment of access to and from the Premises as such access presently exists , and Landlord is not in v iolation of any easements , rights-of-way, conditions , cov enants and re strictions , licen ses , or other agreements burdenin g the Premises. 2. Representation s of Tenan t. Except as otherwise disclosed on Schedule 1 attached hereto , Tenant represents and warrants to Landlord that, as of the Effecti ve Date: A . Tenant is an Urban Renewal Authority, validly existing under the laws of th e State of Co lorado. Tenant has the full right , power and authority to enter into this Agreement and to p erfo rm Tenant's ob ligations hereu nder. 8. This Agreement (i) has been duly a ut horized , executed , and delivered by Ten ant ; and (ii) is the b ind ing ob ligat ion of Tenant. ll '.!53 12 4dnc 41 '.!136.() 6 C. Nu laws uit has bt:t:n filt:<l against Ttmanl rt:gar<ling lht: Prt:mist:s . 27 D. Tenant has received no notice from any insurance company of any refusal of the insurance company to insure the Premises . E. There are no oral agreements made by Tenant affecting the Premises. Article 21 Right of First Refusal to Purchase 1. Right of First Refusal. Landlord does hereby grant Tenant a right of first refusal to purchase the Premises and any portion thereof ("Refusal Property"), to be exercised by Tenant anytime during the Lease T~rm , in accordance with and subject to the following provisions: A . If at any time during the Lease Term, Landlord shall receive a bona fide offer, other than at public auction, from a third person, for the purchase of the Refusal Property, which offer Landlord shall desire to accept, Landlord shall promptly deliver to Tenant a copy of such offer and Tenant may, within thirty (30) days thereafter, elect to purchase the Refusal Property on the same terms as those set forth in such offer, except as provided below. B . If Tenant shall not accept such offer within the thirty (30) day period, said right of first refusal shall be deemed to have been waived and Tenant shall not have the right to purchase the Refusal Property as to the portion of the Refusal Property specified in the offer, but this Lease shall continue otherwise on all of the terms as those set forth . If the offer onl y pertains to a portion of the Premises, Tenant's right of first refusal shall remain in effect as to the portion of the Premises not included in such offer. If Landlord does not consummate the sale of the Refusal Property, Tenant's right of first refusal shall remain in effect. C . If the offer received by Landlord contains property in addition to the Refusal Property, Tenant shall be obligated to exercise its rights as to only the Premises, or portion thereof covered in the offer, and there shall be an equitable adjustment of the price. 11:?5] 12 4 d 41:?:?.,6-0 6 (Remainder of Page Intentionally Left Blank) 28 IN WITNESS WHEREOF, this Lease has been executed as of the date written above. 11253 12 4 .doc 412236 -0 6 LANDLORD: CITY OF ENGLEWOOD A home rule municipal corporation By: Mayor TENANT: SHERIDAN REDEVELOPENT AGENCY a __________ _ By: Title: 29 - D 1125 12 _4.doc 41223 -0 EXHIBIT A DESCRIPTION OF PREMISES ~·~ '~ PREMISES DESCRIPTION EXHIBIT A SHEET 1 OF 5 ,4J.~;lQ V eirt.©.1~ vw~~CllJ ~ A LEAS E PREMISES LOCATED IN SECTION 4 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SI XTH PRINCIPAL MERIDIAN ; COUNTY OF ARAPAHOE, STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89 °56 '50 " W , 50.14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571 ", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2 " ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" w. A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 , N 89°56'50" E, A DISTANCE OF 50 .1 4 FEET TO THE CALCULATED POSITION OF THE NORTH QUART E R CORNER OF SAID SECTION 4 ; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4 , S 00°13'03 " W, A DISTANCE OF 464 .17 TO THE SOUTHEASTERLY CORNER OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATIE, A SUBDIVISION RECORDED IN PLAT BOOK 99 AT PAGE 6 OF THE ARAPAHOE COUNTY RECORDS AND THE POINT OF BEGINNING ; THENCE CONTINUING ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 00°13'03 " W , A DISTANCE OF 824 .65 FEET; THENCE S 89°46'57" E , A DISTANCE OF 69.51 FEET; THENCE S 13°38'27" W , A DISTANCE OF 81 .34 FEET TO THE WESTERLY BOUNDARY OF YANISH SUBDIVISION , A SUBDIVIS ION RECORDED IN PLAT BOOK 41 AT PAGE 17 OF THE ARAPAHOE COUNTY RECORDS ; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARIES OF SAID YANISH SUBD IVISION THE FOLLOWING TWO (2) COURSES AND DISTANCES : 1. S 15°54'51 " W , A DISTANCE OF 914 .34 FEET; 2. S 73°37'05 " E , A DISTANCE OF 554 .56 F E ET ; THENCE S 16 °22'55" W, A DISTANCE OF 94 .52 FEET; THENCE S 73 °29 '31 " E , A DISTANCE OF 200 .06 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DRIVE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE , S 16°27'48" W, A DISTANCE OF 147 .12 FEET TO THE SOUTH LINE OF T HE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4 ; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4 , S 89°56'49" W , A DISTANCE OF 460.45 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 ; THENCE ALONG THE NORTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4 , S 89°54'17" W , A DISTANCE OF 50 .15 FEET; THENCE S 16"22'55" W , A DISTANCE OF 737 .64 FEET; THENCE S 45 °58 '08" W , A DISTANCE OF 29 .26 FEET; TH E NC E N 89°20 '47" W , A DISTANCE OF 23 .72 FE ET; T HENCE S 39 "36'10" E , A DISTANCE OF 21 .75 FEET ; TH E NC E S 26 °4 0'2 5" W , A DIS T AN CE OF 268 .67 FEET; THENCE N 63°19'35" W , A DISTANCE OF 30 .00 FEET; THENCE S 26"40'25" W, A DISTANCE OF 165.06 FEET; THENCE N 89"58'35" W, A DISTANCE OF 158 .57 FEET; THENCE S 00"01'25" W, A DISTANCE OF 150 .00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF OXFORD AVENUE ; THENCE ALONG THE NORTHERLY RIGHT OF WAY LINE OF OXFORD AVENUE, N 89°58'35" W , A DISTANCE OF 233.40 FEET; THENCE N 85"14'11" E, A DISTANCE OF 61.45 FEET; THENCE N 00"28'34" W, A DI STANCE OF 207 .87 FEET; THENCE S 90"00'00" E, A DISTANCE OF 57 .93 FEET; THENCE N 16"47'08" E, A DISTANCE OF 440 .93 FEET; THENCE N 46"44'08" W , A DISTANCE OF 135.36 FEET; THENCE N 26"23'49" W, A DISTANCE OF 78 .65 FEET; THENCE N 33"29'43" E, A DISTANCE OF 73 .39 FEET; THENCE N 02"12'43" W, A DISTANCE OF 104 .93 FEET; THF.NC E N 14 °33'49" E, A DISTANCE OF 94 .85 FEET; CONTINUED ... PROJECT : 003038 • J COMPANIES OF COLORADO 2399 BLAKE STREET., STE . 130, DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ~ EXHIBIT A PREMISES DESCRIPTION CONTINUED THENCE N 04°58'59" W, A DISTANCE OF 71.81 FEET; THENCE N 12°19'17" E, A DISTANCE OF 46 .09 FEET ; THENCE N 19°20'00" E, A DISTANCE OF 141 .15 FEET; THENCE N 08°04'57 " W, A DISTANCE OF 147.73 FEET; THENCE N 40°22'45" E, A DISTANCE OF 96 .54 FEET; THENCE N 06°53'42" W, A DISTANCE OF 80 .59 FEET ; THENCE N 22°38'11" E, A DISTANCE OF 91 .09 FEET; THENCE N 01"40'40" E, A DISTANCE OF 91.14 FEET; THENCE N 36°27'17 " E , A DISTANCE OF 57.62 FEET; THENCE N 20"16'06" W , A DISTANCE OF 160.22 FEET; THENCE N 13"24'27" E, A DISTANCE OF 88.22 FEET; THENCE N 22°04'04" W, A DISTANCE OF 38.67 FEET; THENCE N 46"43'15" W, A DISTANCE OF 88.33 FEET; THENCE N 00°57'40" W, A DISTANCE OF 151 .08 FEET; THENCE N 32°08'26" W , A DISTANCE OF 114.85 FEET; THENCE N 15°32'59" W, A DISTANCE OF 76 .29 FEET; THENCE N 39°16'11" W, A DISTANCE OF 39 .29 FEET; THENCE N 65°37'00" W, A DISTANCE OF 71.17 FEET; THENCE N 25°01'01" W, A DISTANCE OF 50 .11 FEET; THENCE N 52°37'27" W , A DISTANCE OF 33 .88 FEET; THENCE N 80"47'51" W , A DISTANCE OF 56 .01 FEET; THENCE N 31°37'24" W, A DISTANCE OF 91 .75 FEET ; THENCE N 83"47'04" W, A DISTANCE OF 113 .35 FEET ; THENCE N 32°23'45" W, A DISTANCE OF 86.77 FEET; THENCE N 15"17'05" W , A DISTANCE OF 30.14 FEET; THENCE N 00'05'56" E, A DISTANCE OF 31 .91 FEET; THENCE N 36"38'27" E, A DISTANCE OF 145.14 FEET; SHEET 2 OF 5 THENCE N 17"02'27" W, A DISTANCE OF 192.38 FEET TO THE SOUTHERLY BOUNDARY OF SAID REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATIE; 'fl~;lQ velrt~.r~ vw~ r.tJ.ll~ THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID REPLAT OF HAMPDEN BUSINESS CENTER ON THE PLATTE, N 72'57'33" E , A DISTANCE OF 1214 .48 FEET TO THE POINT OF BEGINNING ; CONTAINING A CALCULATED AREA OF 2 ,372 ,114 SQUARE FEET OR 54.457 ACRES, MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED PREMISES DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF . ALAN WARNER COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO, LTD . 2309 BLAKE ST., SUITE 130 DENVER, CO. 80205 303-989-8588 003038 PROJECT : 003038 ,3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE. 130, DENVER, CO. 80205 PH: 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT A N89"56'50"E 50.14' SHEET 3 OF 5 ~ -A_ BASIS OF BEARINGS \_ V -N 89"56'50" E-2605.2-6~. -- NW COR., SEC . 4 ts 1 (,2;~:L UM . CAP POINT OF COMMENS[M[NT WITNESS CORNER J" BRASS CAP, LS 22571 REPLAT HAMPDEN BUSINESS CENTER PLAT BOOK 99, PAGE 6 NW 1/16 COR., SEC. 4 {.. 2" ALUM. CAP )' ILLEGIBLE UNPLATT£D \..~~ LEASE PREMISES 2 ,372 ,114 SF± 54.456 AC ± THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY , IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . ---~ \_ N 1/4 COR ., SEC. 4 ~ CALCULATED POSITION ~ NO MONUMENT FOUND OR SET CORNER FALLS IN SOUTH PLATT£ RIVER BLOCK 1 7 ""' PETERSBURG l...i PLAT BOOK A 1, PAGE 2 ~ LOT 1, BLOCK 1 '.'i,{ GLENN'S SUBD. FIL. NO. 1 tri -PLAT BOOK 104, PAGE 38 <: :I::"'· • "-. BLOCK 1 :'.::j ~ 3t NATCHES SUBD. ~<::PLAT BOOK 105, C) W' C)~ ....J BLOCK 1 PETERSBURG PLAT BOOK At, PAGE 2 L2 0 Scale : 1 "=300 ' 300 FEET LE ASE PRE MI SES RIVER POINT AT SHERIDAN SECTION 4, T. 5 S., R. 68 W., 6TH PM 600 Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver, CO 80205 303 .989 .8588 voice 303 .989 .9932 fax V3co .com CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN : AGW DATE : 07107/06 JOB: D03038 CKD : SCALE : 1"=300 FBK: NIA ILLUSTRATION FOR EXHIBIT A UNPLATTED W 1/4 COR., SEC . 4 SHEET 4 OF 5 SEE SHEET 3 g.._ \I)~ Ls I C 1/4 COR., SEC. 4 I 3 -1/4 "ALUM. CAP~ COOT LS 23516 L10 \ tl1/4 "ALUM. ~s 21502 N 89'54'tr £ 2646.78' N:-LIN£. N 1 /2, SW1/ 4-: sEi=-=c=-. ---,4:-(':,,,<.1~----,----<>-- UNPLATTED ~ O> L2 1 L20:'.:j LEASE PREMISES 2,.372,114 SF± 54.456 AC± _ N B9'SB'J~ ~ 264J.B 4, OXFORDAVENUE SOUTH LIN£. N1/2, SWT/.4 SEC. 4 Sl/16 COR., SEC 16/15 S 1/16 COR., SEC. 4 1-1/2"ALUM. CAP 3-1/4"ALUM. CAP ILLEGIBLE PLS 23516 PREMISES CONTAINS APPROX .2,372, 114 SQ FT (54.456 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY, IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . 0 Sc ale : 1 "=3 00 ' 300 FEET LE A SE PR EMI SES RIVER POINT AT SHERIDAN SECTION 4, T . 5 S ., R. 68 W ., 6TH PM 600 Engineers Scientists urveyors 2399 Blake Street, Suite 130 Denver, CO SOWS 303 .989 .8S88 voice 303 .989 .9932 fu V3co .com CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO ORN : AGW DATE: 07/07/06 JOB : 003038 CO MPANIES OF COLORADO LTD . CKD: SCALE: 1"=300' FBK: N/A " ILLUSTRATION FOR EXHIBIT A SHEET 5 OF 5 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S00" 13'03"W 824.65' L31 N12"19'17"E 46.09' L2 S89"46'57"E 69.51' L32 N19"20'00"E 141.15' L3 S1Y38'27"W 81 .34' L33 N08"04'57"W 147.73' L4 S15"54'51"W 914.34' L34 N40"22'45"E 96.54' L5 S7Y37'05"E 554.56' L35 N06"5.3' 42"W 80.59' LG S 16"22'55"W 94.52' L36 N22' 38' 1 1 "E 91 .09' L7 S7Y29'31"E 200.06' L37 NO 1 '40' 40"E 91 .14' LB S16"27'48"W 147.12' L38 N36"27'17"E 57.62' L9 S89"56'49"W 460.45' L39 N20" 16'06 "W 160.22' L10 S89"54' 17"W 50. 15' L40 N1Y24'27"E 88.22' L11 S16"22'55"W 737.64' L41 N22"04'04 "W 38.67' L12 S45"58'08"W 29.26' L42 N46' 43' 15 "W 88.33' L13 N89'20'47''W 23.72' L43 N00'57'40"W 151.08' L14 S.39"36'10"E 21.75' L44 N.32"08'26"W 114.85' L15 S26"40'25"W 268.67' L45 N15"32'59"W 76.29' L16 N6.3"19'35"W 30.00' L46 N39"16'11"W 39.29' L17 S26"40'25"W 165.06' L47 N65"37'00"W 71 .17' L18 N89"58'35"W 158.57' L48 N25'01 1 01 "W 50.11' l19 soo·o1 •25"w 150.00' L49 N52"37'27"W 33.88' L20 N89"58'35"W 2.3.3.40' L50 N80"47'51 "W 56.01' L21 N85" 14' 11 "E 61.45' L51 N31'37'24"W 91.75' L22 N00"28'.34"W 207.87' L52 N83"47'04"W 113 . .35' L23 s9o·oo·oo"E 57.93' L53 N32"23' 45 "W 86.77' L24 N16"47'08"E 440.93' L54 N15"17'05"W 30.14' L25 N46" 44'08"W 1.35 .36' L55 N00"05'56"E 31.91' L26 N26'23' 49"W 78 .65' L56 N36' 38'27"E 145.14' L27 N3Y29'43"E 73 .39' L57 N1702'27"W 192.38' L28 N02" 12' 43"W 104.93' L58 N72"57'33"E 1214.48' L29 N14"33'49"E 94.85' L.30 N04"58'59"W 71 .81' ~i~\)2.~!fr-t£ "It;;-~ ~ \J. /\).t.!. ! Be>l:Hi :~ • • .:i;;:: ("'; •• 07/07/06 •• • ~ ~·· ·~ ~~······ THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY, ~L L~~ IT IS INTENDED ONLY TO DEPICT THE AITACHED DESCRIPTION . -2399 Blake Street, Suite 130 LEASE PREMISES (~ Engineers Denver, CO 80205 RIVER POINT AT SHERIDAN Scientists 303.989.8588 voice SECTION 4, T. 5 S., R. 68 W., 6TH PM Surveyors 303 .989 .9932 fax c•·,y OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO V3co .c om I DRN : AGW I DATE : 07107106 I JOB : 003038 ~ COMPAN IES OF COLORADO LTD . I SCALE : 1"xN/A' IFBK : N/A 11 -CKD : 1125312 4.d 4122 6-08 EXHIBITB ASSEMBLAGE 2 River Point at Sheridan PUD Sketch Plan Sketch Plan Stipulations A. INTENT : -Polnl 11-l'tonned Unh De olo-4 (PUD) lo• zoning of lhl _rty _-·Tho zanln9 lo --to locl- lhe .. ,...,.._ o1111rgo1omm-. -~-r11e11bu11c11ng1, 1n-w1•4ond---lo--lheCllyDI- Com,..-Plan DI~ 2004. I . FOIIMAT: Tllle-Plen-lne_..,.__lorllll -- ,. OWrwahlp: PU ,.LWII ID I _...,._ Pion odopled by""' Sheriden, Colorado City Councl~ encl ID be odml-by lhe -n -lo-1 Authortly, u provlcled underllll ~o Urllon -I Lew, _.,, ..... lely 50 ulotlng p,_ilN wHl 118 -ldotod l o lom, 1111 River Point II Sheridan o....1apmen1 Pn,jecl. -o111w ,....per1y win 111 --• pu1o11c right of------Ille -of City .. -CowMo. Tho-of 1111 .,-pr_.iywlU bl-by w.....-MIiier -LLC w --ioct ID I long--fnlm 1111 City of en,-. 2. L.-.iel Daa,lpllon: AIYER POINT P.U.D. BOUNDARY A PARCEL Of LAND LOCATED II lME IIOUTHWEST QUARTER OF SECTION U, Y-, 4 IOUTII, IIANCIE A WEST AND SECTION 4, ~ 1 IOUTil, IIANOE II WEST OF THE IIXTH PNNCIPAL MERIDIAN; CITY OF IHEIIIDAN, COUNTY Of ARAPAHOE, STATE Of COLORADO ; lelNG IIORE PARTICULARLY DESCRl8ED AS FOLLOWS : C~ AT THE NORTH QUARTER CORNER Of IAID IECTION 4, Al IIONUIIENTED IY AT BRAIIII CAP WITNEal CORNER LTINO I0.14 FEET EASTERLY, STAMPED PL& Z1571, WHENCE lME ~ CORNER Of IAID 8ECT10N 4, AI--NTED IT A 2•11'l" -CAP, STAMPED PLI 114M IIEAIIII I_...,.. W, A DISTANCE Of 2,111.40 FEET Wffll ALL IIEAIIINOII CONTAMD Hl!IIEIN I-MLATIYE THERETD ; lMENCE ALOIIQ THE EAST LINE Of lME _,._,-QUARTER Of SAID SECTION 4, I D0"1:.-0," W, A DISTANCE Of 30.00 FEET TO THE IOIITltERLY IINJHT OF WAY LINE OF WEST-DEN AVENUE (US HIGHWAY 215) AND THE POINT OF IE-; THENCE N 1r211'112" E. 0 A DISTANCE OF 317.32 FEET ; THENCE N 2J"n"4T W, A DISTANCE OF H.21 FEET ; THENCE N 21"11'0r E. A DISTANCE Of 12.14 FEET; THENCE N 24"21TIT W, A DISTANCE OF 80.17 FEET ; THENCE N 1 r, 1 •r E, A DISTANCE OF 17.21 FEET; THENCE N 111'41"11"' W, A DISTANCE OF 110.U FEET; THENCE N 111"1710" E, A DISTANCE OF 142.11 FEET; THENCE N M,1·a-E. A DISTANCE OF 12.12 FEET; THENCe N 17"11'21" E. A DISTANCE OF 1 IIUZ FEET; THENCE N 21"111'11" W, A DISTANCE OF 151.11 FEET ; THENCE N 14,.... W, A DISTANCE OF 11.111 FEET; THINCE N 111"21' .. W, A DISTANCE OI' 11.25 FEET; THENCE N 1r,ror E, A DISTANCE OF N .41 FEET; THENCE N 02"111'111" W, A DISTANCE Of II.QI FEET; THENCE N '"1'11"' W, A DISTANCE OF70.10 FEET; THENCE N 11"1711"' W, A DISTANCE OI' 1Ql.71 FEET ; THENCE N 4Cl"33'0Z" W, A DISTANCE Of 12. 11 FEET; THENCE N 11"24'21" W, A DISTANCE OF 11.12 FEET; THENCE N 41'11'D" W, A DISTANCE OF 2511 .IO FEET; THENCE I II0"2l"IT W, A DISTANCE Of 117.71 FEET; THENCE N OO"IIS"II"' E, A DISTANCE Of 10.N FEET; THENCE N N"S2T E. A DISTANCE Of 11.74 FEET; THENCE N M,1'111"' E. A DISTANCE OF 223.17 FEET; THENCE N 21"111'11"' W, A DISTANCE OF 111.31 FEET TO THE IIOIITHERLY BOUNDARY Of R£PLAT OF A PORTION Of THE HAIIPDEN BUSINESS CINT8I ON THE PLATTE. Al RECORDED IN PLAT IOOK II AT PAGE I OF THE ARAPAHOE COUNTY RECORDS; THENCE ALONG THE SOUTHERLY, WESTERLY AND NORTHERLY ~'=~'::'..a~(~=.~CENTERONTHE A. 1. 8 72"S7'JT W, A DISTANCE OF DD.14 FEET; 2. B rolnr' W, A DISTANCE OF 441.111 FEET; J. N r42'11" W, A DISTANCE OF 141.12 FEET ; 4. N D0"10'IO" E. A DISTANCE Of 114.14 FEET; I. N ll"24'01" E. A DIIITANCE OF l40.14 FEET; I . I 00'01"1T W, A DISTANCE OF 411. 14 FEET; 7 . 8 N"ll'Z7" E. A DISTANCE Of Ill.II FEET; I. N 00'01"1T E, A DISTANCE OF -.s7 FEET; I. ALONG THE ARC Of A TANGENT CURVE TO THE LEFT HAYING A RADIUI OF 140.IIO FEET, A CENTRAL ANGLE OF r1r10-AND AN ARC LENGTH OF N .71 FEET; 10. 81r21.,.-E. A DISTANCE OF 112.21 FEET; 11.111°47'21"' E. A DISTANCE OF IIJ.OI FEET TO TH£ POINT OF R. lllni-11--M. lndlvlclual 111111 ... go unll1 dM-from 1111-ID DIiiing by I wall, with I._..,..,.,._ from the uterior of the butkUng1 dNlgned la be rented or '9aNd on • 1hoi1-torm ulll ID Ille gonerat pullClc tor privall olOflgo ot personal goocll, _,nelo 1nd equipment, but only In SUl>-.u 2, , .. 1 ol NelchooCourt. S.lloU,,-lcloNnllcolacl lltylorlhemall Niool~Mdo- petroloum...---11f11t--ll-ce .-.-----,... --...,__.,, .. ,_ onglno....,., In-· lnellllolioll ond ropolr, - ol~ m-.-,,or ,._..,i. cer wull,o, olmllw minor -"9, 111 o1 wlllch.,. conductod Ind ..... ___ , _ -motor-pelnllng,IUIO~,epelr,Of-lr octlvltlM 11111 _..aty-" ar-, --Illy ID po,torm. T. Com-..ty ---UNO lncldlnllll ID prlnclpal UN or bulldlng ond -on Ille --U Ille flltnclpol UN or bulldlng Including -llm-. porldng ....... poridng- U. Any UN nol __ lly ___ ... .,.._ H dellnnlned by 11w clly"o zoning -lnlltoator ID loo olmllar In -·~-lnlhlldlotrlct. PROMBl"nD~ No----•occupied-... --I loo cloligned, -.-.-•occuplod by ony of ttw-ng-: A.--- a. -•r --pelnllng, ~ lhop1, encl nwjor ,_1r loclllliN !Ml _..aiy ....... g,NWlhen ... dey to pot1Dm\. C.--1-prwM~lylor--Df ............... lnwohrlng .. ....,._"" -· .. -191111ng ·---;lncludlng1-.-,nlgh1 ctub,11¥1m.-. -. ·-----prlnwltylOf ouch--·--····i(. VII . DEVELOPIIENT STANDARDS. ,. '""-'"'--"' 1 .. 111e.-ng -•u III u NI -In 1111 Flnol PUD ---' Pion ond the Doolgn au-. ,. Publlc 1,npt ovamenta 2. Opon -rwqut_,, 3.- 4.Scrwnlngol~---- 5. ON IIIMI loacllng NqUl- 5. Lighting....- 7. Fencing 8 . Loncl9ceplng ond •-- 8 . -cln:uletlon 10.Signoge a. -_.i1c 11n1ctura1 -•-"no c:ar1Hlcot•• t11ot 1ddru1 1poclll -lneering 19qul-duo to 1M proxtmtty ol tho olte ID the londllll lhet u-.tln 1111 """"'rty wtll bl requlrod to obllln 1 building pormlL VII. -TIii di elo-nl ond -DI tho P,-,Y -II COfflDfffl ID the -ol lhe City DI Slllrlden lluntc:lpel CoN. llt.Bc_Lond_ ~llno,....._lorm,yllndlDlle--to..-. X.Yeh-- ,.._la 1111 p<_,,y lo --vii liciulh Sa-Fo Dmlo. °"'""' A-, HampclenA-, Souel PlollolU-Dflwtond Nolchoa Court.Thlnlo _____ Fe_ Thlo ---------COOT. -.1oom OdOfllA--~A-lopn, __ _ 1.-. _.._llouth_R_Dflwt_Not_ eoun1o __ 11¥_tng - Owners Agreement Statement Wllngorlen lllllor Shlrlden LLC, -Ind/• -par of tt,e propmy --rilood, clo..-iodge ond-lllll lUCII property-II loo N¥9loped In __,.._ -Ille PUD-.., Pion, 11w ortglnal of whleh lo on 1111 wm, tho County Clefll ond -of A..,..._ County, Colo.-, ond 1 -ot w111c11 lo on 1111 wllll 1111 City Clortl DI Ille City DI She.- Colorado. No ·-,,_ ony provlolon DI oald PUD -Ch Plan ,nou bl .....-unlo•tho pten •-or• -lo llfW'lacl In --...-.....--byontl-oltheCllyot-n. llui111w --u,., PUO lllllcll Pion rwgulltlono --. IOf 1h11 PU1 Zono D11111e1 wtl lie-ID-.. 11anc11.n11, NMIIIH, --on11 I ~::::~.::~_ell_·_·::·-'":: . Stoi. of Colorocla \ SB 1 ) Countyol ......... Tno t.._ing 1..--oclt..-clgad -... mo lhlo ___ doy DI 20061,y _______ . Wllneu my hooaond no1ar111-1 ________ _ lly Commlnlon ElqllrN '---------- Municipal Approvals Sheridan Plonning -- Appro-by Iha City ol lhlrlden Planning Commlulon Tlllo ___ dly DI 2001. Plannlng Co-Cholnnon Sheridan City Council Approved by Iha City DI Shlfldon City Councll Th la ___ ~ol -L Attellad. ___ Clty:c---:Cc-lofll-,-----... -y-.,------ lNENCE ~ ALONG lME EAST LINE OF THE NORTIIWEST QUARTER OF IAID SECTION 4, I D0"11'11T W, A mst"ANCE OF IN.14 FEET TO THE IDUTlERLY LIii! Of LOT 1, ILOCK 1, OLENltl IUIDMSION FILING NO. 1, Al RECORDED IN PLAT IOOK 1D4 AT PAGE a OF THE ARAPAHO£ COUNTY IIECORDS ; ·-; CONT,._ A CAL.CUI.ATEO AREA Of 1,125,141 SQUARE FEET OR I L PARKING REQUIIIEIIENTI XLG....,.__ Clerk , Recorder C.rtlflcate I hereby certify lhat thll Instrument WH filed in my office at THENCE ALONG SAID IIOUTHERLY LINE, S W...-io" E, A DISTANCE Of 320 .17 FEET; lltENCE S 12'4l'OI" E, A DISTANCE OF 113.17 FEET TO THE SOUTHERLY LINE OF LOT 1, ILOCK 1, NATCIES IUBDMIION f1UNO NO. 1, AS RECORDED IN PLAT IOOK 105 AT PAGE 42 Of THE ARAPAHOE COUNTY RECORDS ; lltENCE ALONG SAID SOUTHERLY LINE. S lr...-W E, A DISTAtlCE Of 111.11 FEET TO THE WESTERLY RIGHT OF WAY UN£ OF IO\ITH NATCHU COURT; THENCE I 74'J0"27" E, A DIST AIICI Of 14.11 FEET TO THE EASTERLY RIGHT OF WAY L.aE OF IOUTH NATCHES COURT ; lltENCE ALONG SAID EA8TERL Y IIIGHT Of WAY LINE, N 11"21"33" E. A DISTANCE Of 4N.M FUT; lNENCE I 71Y14" E. A DISTANCE Of 114.11 FEET; THENC£ I __. E. A DISTANCE Of N.111 FEET ; lltEJICE 1 14"14'31" E. A DISTANCE Of 14.13 FEET TO A POINT ON A CURVE; 1liENCE ALONG THE ARC Of A -TANGENT CURVE TO THE LEFT HAYING A RADIUS OF -.72 FEET, A CENTRAL ANGLE Of 02"11"1 '" AND AN A11C LENGTH Of 11.11 FEET, TH£ CHORD OF WHICH IENIS I 111"47'31" W, A DISTANCE Of 11.11 FEET TO A POINT ON A CURVE; THENC£ ALONG THI! AIIC Of A -TANGl!NT CUIIYE TO THE RIGHT HAYING A RADMI OF -.IO FEET, A CENTRAL ANGLE OF U"1"4" AND AN ARC LENGTH Of 111.17 FEET, THE CHORD OF WNICH IEARS I Ol"1nT W , A DISTANCE OF 1N.U FEET TO A POINT ON A CURVE ; THENCE ALONQ THE ARC Of A -TANGENT CURVE TO lltE RIGHT HA YING A RADIUS OF 3055.11 FEET, A CENTRAL ANGLE Of D5 "35"J I"' AND AN ARC LENClllt OF 211 .34 FEET, 1ME CHORD OF WHICH IEARI I 11•15•44 • W, A DISTAN CE OF 211.22 FEET; lltENCE 114"20"21" W, A DISTANCE Of 37.41 FEET; THENCE 111w,rw, A DISTANCE OF 11.15 FEET; 11tENCE a 11•sr51• w , A DISTANCE Of ts.n FEET ; lMENCE I n-.•54• W, A DISTANCE OF 211.11 FEET; THENCE I 1ror11· w, A DIITAIICI OF lll.71 FEET; TMENCE I 21"'13"31" W, A DISTANCE OF 14.21 FEET; lltENCE I 11°11">5" W, A DISTANCE Of 371.H FEET; lltENCE 8 1r14'1J"W, A DISTANCE Of 137.JCI FEET; lltENCE I 11,nr W, A DISTANCE OF 281.79 FUT; THENCE I 17"11"10" W, A DISTANCE Of 215.11 FEET; 1liENCE I 11"21'11" W, A DISTANCE OF 24.JO FEET ; I 1lil!NCE I 1rt1"J1" W, A DISTANCE OF 4.11 FEET ; lltENCE N 74"111"21" W, A DISTANCE Of 2Gl.41 FUT; THENCE ALOIIQ TitE AIIC OF A CUIIVE TO THE LEFT HAVING A CENTIIAL ANOL£ OF 44"4J"JO"' W, A IIADIUI OF II.DO FEET AND AN ARC LENGlll OF I I0.74 P'EET ; ~ n«NCE 111"11"04" W, A DISTANCE OF 111.11 FEET; THENCE I Dt"J4'U " W, A DISTANCE OF 311.U FUT TO THE NOIITHERL Y IIIQHT OF WAT LINE OF WEIT OXFORD AVENUE; TMENCE ALONQ SAID NOllnlERLY IU::ttT OF WAY LINC TIii rOLL OW*G TMIIEE (J) COUIIIEI : 1, N N"11J '10" W, A DIITAIICI! OF 277.11 FUT; 2. I ar,nr w, A DISTANCE OF .... FEET; J. N WII-U-W, A DISTANCE Of Jlt.42 FEET ; n.NCI N ar,4•11• 1 . A DIITANCI OF 11.41 NET; TH8ICE N OO"ll'M " W, A DISTANCE OF lt7.t71'£1T; 1liaNCE I N'IO'IO" I , A DIITANCI OF 17.tl ,En; N 11"4TOI" E. A DISTANCE OF H7.42, 1lCNCC N 17"11 '4a" W, A DIITNICI OI' UM ,a'f; CE 1 •-.·41• W, A DISTANCE OF 114.11 l'EET: N J7"U'Jr W, A OIITANCE OI' N .JO, N 11"U'M" E. A DIITANCI OI' 1 n 40 F N NW14" W, A DIITANC Of 71.11 140.112 ACRU. -E OR LEIB ; Md mey I-minor acljull-lo the -logal clncripllon DI tho propmy 111111119 euthorized by City Councll In the razonmg-. 3. -.. -.,.__ Zoning: Tho-. --.-. I onbl of -Ing lnc:ludlng C,O,E,G, ond I~ P\IDa. Tho Pf0por1y will be -to the PUD _,. dlal rict. D. GENERAL DEVELOPIIENT STANDARDS : L ~ U11E11Y RIGHT. Tho tollowlng __ ...,.._, A.----.1111U1tz1•rta ......... In e11Bng gooda or _.,,.-........... ...-, .. ...-.. -_.....,_~--· .. -.. _ ...-.-..--....._-. __ ---.....--.*' ..... -.---....,._Of_ ·-------.-..... 111---...--..... -............ wunlly.-.. -----~--. _,_,, ........ .....,.,,. ............. -.dry-.-.---.-.,,___ ...-.n,p111c-. dupllcallng ------c.-..-.. L_,._ , __ _ H.---La.-.-- J.-........... , ... -nt.~- lt. C-r'*'I llobllo -ID lon,lco Focllllloa, but only punuont to .... pro,,IIIDM DI Section XXVI o1 .._...... I to .... Sheridan llunclpel Codi. L.- ll. liluftclpel Golt CourNO N.--*'"llwulaoUWN 0 . E.,lp,Nnt 19illal tocllhieo, llu1 only In &ulM,.. 2. NII o1 N11.- Cout1 tlOllleo ............ --.---··-· _,,,.,,.-.,.---. ......... I II ..... --.-....... --,.--- IV. V. VI. A. Ono pertdng--bl ~torMCh 350 __ .. --- ·-----...... ---EX012 ol ------.......---""'----------..... -plan. c . Tho--~ollheperlllng __ _ -·-""""' ___ DD12 -•-onlhe-PUD-~--oucll parting_ ...... _,...._, .... ..-----PERaTTED GROii FLOOR AREA A. --.. -------by,lglll-118 .. I0 .. -..-.---... -----2. B.Tho ___ ol el --1111 -..,lnodby the Flnol ,UO .... 0o .. 1op .. n1 Plan. HEIOHTLMT. Tho-~---»-Holgl,l-bo -___ ...... ---Z"'*'I Cede. ---.---....-y-.- --.............. lOlut. -CMIIOEIINES A...._ .... Arcl!-ral Md She Doolgn Guldeil n111t11n loo PNpOl9d by the -llcant, lnoorporotacl lnlo tt,e Oporotlonl ond Euemonl ...,._... whlcll -Include provloionl tor 1111 .-4-DIAn:hllecwral ~.and aubmlltod u o c-nant ot lt,e Wicallon 1or Ille Anal PUD SIie Dowkop,Mnt Pion. to loo --by .... Clly. I . t'rlo< lo or concunon1 wlltl llw appllcetlon tor I bullding permit tor eny--.erchllocturll-ion1ond lot-1_,i plans-II bl..--ID the City to< .wlaw. Tho •clulocllnl --ond lot ............. plenl -loo canot--tho Dnlgn Qulallne1, and -1 looM-oadby.,. _._ .. Hz_..,. er HIIIIRI, N -In Ille Opofellone -Ea-,., __ nl. C. I IM City __ .. al al ony-,.-., •--• __ .. _IIIIDNlf,ICWNIIMI, .. _...,. __ .. ,.... .. _.....,,,_ .... __ Clty~11¥-,ol •-...-..... Clly-.... On -.-.a wlll -'tv ~tor....., bulldlngo pado-11w 1118--oloplng lnNn-to -DI the Hlallng ,-n,p1,y. ..__...,__ wlN loo-lr9d ond wlll be 1ubmltted wtth the f.nel PUD Sl1e Dewlopmonl Pio n. Tho flnll grading Ind -----,ply-Ill appllceblo-. ·-ond-........-. JCII.Ullllly- 1. ---.-.cun-onttyovallebloln>m_W_. 2. w----eval ____ -ion Dlatrict No. Z.-W-W-Rec-Ion Dtltrlcl. City DI-, 111e CllyolE~.--W-ond -Dlltrlctl,ond -~ lon-DlotnctNo. I . 3."-1- TI,o ...--of"""" -quellty ond Ille r911ulallon ot otorm __ .._... ......... ondnewby pr-,.wlll bolUUNd ""' .. --.---.......... -... XIII. ~~A~~""=1.o"'Ts OVER CITY CODE A. With rwgard ID ony mottor ope cHl colty addrnNd In tho Sketch Plan or the PUO Shi tleve'-'11 Pion, tho provlalon1 ol l hl Sutch Plen or the PUD SIii Dovel_.t Plan -II conllol over m,y Sheridan llunlclpol Code provlolon, end ony modHlcaUon to tho man.rs opoclflcolly --MCI In tho Sutch Plan or 1111 PUO Sito Developmen1 Plan 1hlll only loo done by ..........._,t lo ollhor 1111 Sl<llch Plan or 1111 PUD Sltl Develo-1 Plan , -ctlvely.• XIV. CHANGES ANO Ali!~ TO THE APPROVEO FINAL PUD SITE DEVELOPIIEMT PUN AND THE APPROYED DESIGN QUll>EUNES. A. Tho --F1nel PUD She 0........-Plan -DIIIII" -nwy bo .......... fnlm _ID_ In __ _ -I. --Tho City lllnlgor or_ ... lg_ ..... --...... Clly ------lnlhe ...-..-................. "'-... .... _. A-_...,._eny _____ loulldlng -w llaltlM; whk:11 .-ulla In no -In perldng, --· or .-;.-,~-lo--a,11%-lnthe ----fJlo otruCU'IN-INdloyeng~o, --nol-elllw-fJf "'8 Final PUO - D1 la; u lt "9ft. A """°"~ .... , .... ~ My other --le .. Flnel PUD lhe lle¥alofllnenl Pion -hu 11w _ ol _,,. the tmpec1 DI 11w N•olefllMnl . C. ""'1 ....,._.... othef thin minor modmc1t1 o n 1 .... N fll--In .. -mannor n llwt ap""'val DI llwt Fino! PUD Silo DHeleplMnl Pion ond DNlgn - _____ ,'clock In thl, ____ month and O.y o1 2006 and 11 recorded ln __________________ u receptio n numoer ----~ Clerk of Arap£110e County Sig na ture Print Name --------- SKETCH PLAN STIPULATIONS 11100 , __ ,1t1·~·· . ' ··.···? ,·.·:·:, '., ·j i i . j l CITY OF SHERIDAN, CO RESOLUTION NO. NO . 24-2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHERIDAN AMENDlNG TIIE RIVER POINT AT SHERIDAN PUD SKETCH PLAN WHEREAS, on February 8, 2006, City Council adopted Resolution No . 5-2006 conditionally approving the ''River Point at Sheridan PUD Sketch Plan"; and WHEREAS, February 8, 2006, City Council adopted Resolution No. 6-2006 approving the PUD Preliminary Site Plan for the River Point at Sheridan project; and WHEREAS, on April 19, 2006 the Planning Commission conducted a public hearing. upon the PUD Final Site Plan for "River Point at Sheridan"; and WHEREAS, during the course of preparing the PUD Final Site Plan, the Developer requested several minor changes to the PUD Sketch Plan, which changes were recommended for · approval by the Planning Commission; and WHEREAS, City Council now wishes to amend the "River Point at Sheridan PUD Sketch P)an" as it was conditionally approved pursuant to Resolution No. 5-2006 in the specifics set forth below; and WHEREAS, City Council finds the proposed PUD Sketch Plan amendments are consistent with the C i ty's Comprehensive Plan and the proposed rezoning of the property to the PUD district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHERIDAN, COLORADO, THAT: Section 1. The i>UD Sketch Plan for the River Point at Sheridan Subdivision conditionally approved by the City Council by Resolution No . 5-2006 on February 8, 2006 shall be amended as follows: a. The legal description of the property that is subject t o the Sketch Plan shall be amended to coincide with the legal description of the property rezoned pursuant to Ordinance No. 1-2006 . @ Paragraph D. I. M. of the Sketch Plan shall be changed "Municipal Golf Courses" to "Englewood Municipal Golf Course". c . Paragraph D. ill. A . pertaining to "Parking Requirements" shall be changed to read: One parking space shall be required for each 350 square feet of uscable floor area, except that restaurant and theater uses shall require a minimum of one parking space per each 4 seats. d . Paragraph D . XI. (Gradi ng/Drainage) shall be amended to read: XL Grading/Drainage On-site grading will generally provide for level building pads with the site generally sloping fr om east to west of the existing topography. An interim grading plan, including an interim storm water management p l an, shall be submitted to the City for approval prior to any grading activ ities associated with the removal of landfill materi als existing on the property . Such interim grading plan and stonn water management plan shall be consistent with the "Contractor's Plan of Operations" approved by the State of Colorado in conjunction with the removal of landfill materials. A final drainage report, grading plan and storm water management plan shall be submitted to the City for approval prior to final overlot grading and development of the property. The applicant shall reimburse the City all expenses incurred by the City in the review and approval of such interim and final drainage grading and storm water plans. Section 2. All other provisions of Resolution No . 5-2006, including the conditions of approval established therein, shall remain in full force and effect, unless inconsisten t with the terms of this resolution. The amendment to th e PUD Sketch Plan authorized by the resolution shall be incorporated into the document prior to recordation. Done and resolved this 26th day of April 2006 . ATTEST: · tkwh4_<-,/ Arlene Sagce C ity Clerk APPROVED AS TO FORM James A. Windholz City Attorney ., i -:, ~-,' ~ ,_ 0 NW. LOCATION OP WUT89I IOUtCWIV TO II Drl'MD ,tUDR TO """'°"/IL a, '1W. - la ~ ~ ! [1\ ~. > .:...:. ••••••••••••••••••• :..=..a:..: • • • • ••• • ~ OXFOBD AVl:NUE \" -,~ ") · ............. -~-~ . ' ........ -~,,......,,,__ LEGEND ~ BUILDING AREAS EXISTING BUILDING ~ PUBLIC RIGHT OF WAY c:{;> PARKING LOT ACCESS THE SUB-AREAS ARE DEFINED AS FOLLOWS : SUB-AREA 1 -THAT AREA NORTH OF THE SOUTH PLATTE RIVER SUB-AREA 2 • THAT AREA SOUTH OF THE SOUTH PLATTE RIVER, BUT NORTH OF RIVER POINT DRIVE SUB -AREA 3 -THAT AREA BETWEEN RIVER POINT DRIVE AND SOUTH RIVER POINT DRIVE SUB -AREA 4 • THAT AREA SOUTH OF SOUTH RIVER POINT DRIVE ~ PROPERTY Lite AL.ON6 THE )"£STERN ED6E ARE SI.B..f:G.T TO GHAN5E TO MEET 1"iA TER. GIJALITI' REGIUIR&ENTS. 5KETC.H PLAN @ @ ~~~REA/SITE EX~l61T ,....,_. -'"°"™ • . ~ IIDJnt,-..s,.am.• tDOMDG---.m.-' 111.L,.,,...,.,.,.,q:.,,...,..,,,. - ·--- SKETCH PL AN ~ ~:. t;- • I ' EX01 2 // // I/ // ,, .y,;,, ,,, ;:,,,,,, "' It // cG // // I/ /' { ,, // (7 ,, ~ // // ,, ,, ,, I/ ,, ,, ,, () ,, " ,, I/ // ':' ,, h Ii 11 Ii ll I 11 -~ • 0 RIVER POINT PROJECT DATA -I I.O'I IClltAaat 1-1 I ---·-----1--1 IQ.". I ~ ,,....."° '..,-, ,.~ ' .... ·-·· ... ,. !l _., .. , ....... .,:,,.CICU'- ~ -· f:i i.lC)11• ..,_ .... ,. ' • u,n ... . ·• -' ·-· e ·- "'' ~ ,m ' ,-.,.-.... "" --.-... ·-·-Jtt• • • • " .... .•. .. ,_ 1:.-. • ' ,_ .... ' ~ .... • .. • ·-...... -, • , . . • a,- • • • • "' l<l . .. " ,, -» D ~ ll - ,m ' . - '" • ..... .c. •. , IM ·-· I ... . • -.. .. _, .. .. -' ~ -· - ~ -. .. , .. H.:1..1.WJN .... A* ....... . -.,..-.... . --..- "" ~ • -,oar H ... ., '" -·- 1,111 '·"' • ,, ,,aao ' ,.,~ ._,_, ·-·-,.,twi •41,,IOIXI ..... ,. •cau111r1 i,Al f1111Dl ···-,_,..,. ... ,. I.JDIOOO I ... ·-- ··---OVERALL SITE PLAN SCALE : 1" a 200'-0" RIVER POINT AT SHERIDAN SUBDIVISION FILING NO. 1 A RESUBDIVISION OF PORTIONS OF PETERSBURG, JAYHAWK SUBDIVISION, YANISH SUBDIVISION, NATCHES SUBDIVISION FILING NO . 1, REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATIE AND SCIENTIFIC TRANSPORTATION FILING NO. 1, TOGETHER WITH UNPLATIED LANDS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST AND IN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO Ii OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT WEINGAATEH MIU!A IHEAIDAH LLC. A COl.OAADO LIMITED LLAIIUTY COMPAH't', A.LAN S KU1£ ANOTOM A CARRASCO IE!NG Tl-£ 0¥11N£RI OF A PAACEL OF LANO LOCATED lril TH£ IOUTHWEST QUARTER OF lfCTION Ji. TOWHIHIP • IOUTH , RANGE II WEil AND THE NORTH HALF OF" SECTtON 4 , TOWNIMIP I &OLn'H . RANG£ II WOT Of THE IIXT'1 PRINCIPAL MEAIOIAN. CfTVOf IHERlt».M, COUNTY OF .utAPAHOI.. ITATf Of COLOfV.OO: IEINO MORE PAR'TICl.l.Nll.V DUaUlfDAS P'OUCM'I; cc:MiE.H<:IMO AT THE NORTH OI.WITER COAN£A OF SAID IECTIOH 4 , AS WONUMEN'Tf:D BY A TIAAIS CAP WITNEU COflNl!R, STAMPED Pll 22571 , WHENCE THE NORTHWHT COfllNER Of" 8NO IECTION4. AS MONI..NINT£01VA 2·112" ALUMINUM CJ#, ITAMPEOPI.S H4M BEAAI S 1rtie-W W,A OtSTANCE Of2.15540"EE'TWITHAU.IEAAINGI CONTAINED Hl!Rl!IN IEING RELATIVE THERETO . THENCE Al.ONG THE EAST UNE C,,: THE N0R'THW£Sl OUMT£Ror SA.ID 1£CTION4.l00"1J'03" W, A DISTANCE Of 10 OOFEET TO THE IOUTHERLV~OF"WAVL ... £ OFUSHIQHWAV216AHO THE 'OIN1 OF-~ THfNCE CON'l'IMUING Al.ONG TH! EMT LINE ~ THE NOltTHW'EST QUARTER Of' IAID SECTION 4 . I 00"1J'OJ" W, A OIITANCEOf INl4 FEET TO THE IOUlHW£1l CORNER Of' LOT 1, 11..0CK 1, GL!NN'l&laOMIIONFl.lNG MO 1,AI R!COftDfD IN PL.Al eOOK HM Al PAGE M Of THE AAAPAHOf COUNTY RE~. TH!NCE ALONG THE IOUTHl:RlYUNE or MIOLOT 1, 511'-,o"E,ADISll>HCE. Of&)l_ft FEET TO THE NORTWWEITUtLY AIGKT MWAY Llfof£ Of IOVTH NATCHES(X)URT; THENCE Al.ONO THE NOATHWHlfRLY RIQMT OF WAY OF SOOTH NATCHESCOUAT ,S 18'"12'U'W A DISTANCE Of 1JJl1 raT! THENCE 11••Ja2r E.. A Ct STANCE OF I0.00 FUT TO THIE IOUTHEASTEALY RIGHT or WAYLIN£ Of SOUTH NA.TOES COUA'T: THENCE Al.ONO THE IOUlHEASTERLY RIOHT OfWAY LINE Of IOUTM NATCH£SCOURT, N 11'1:n.3"E,ADIS1NCE Of Q .70F&'T: THENCE I 73°11'4J' E A. DIST.vet: C7 1M 00 FEET. THE NCE IWH'08' E. A. DISTANCE Of ~.M FEET TO A.POINT ON THE WUTEALYJIIGKT OfWAYUHEOf IOUTHUHTA. FE0..11/l: • THENCE Al.ONO THE WESTERLY RIGp,ff OF WA.YLINE OF SOUTH IAHTAFE C>fllVt THE Fct.LOWINQIEY'!NTEEN(17) COURSES: 1 S01'2l'01'W,A.OISTANCE01'71a1Fl!ET, S 1 1n1rww,A. OISTANCEO, 11!U6F£ET, 2 IOl'4l'l6'W,ADl11ANCEOF1D ... FE£T , •. Al.ONO l11£ ARC Of ANON-TAHGfNl Cl.MVE TO THE RIGHT HA.VINO A. IU.CMl.a ot: Xll111 FUT, ACfNTR.AL A.NOi..£ Of m •s,rw AND /JIM MIC LENGTH Of 1N 11 FtET, TH! 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AOtlTA.MCIOF' 11221 FEEl, 11 CONTINUIMO ALONG THE IOUTHEALY ,UQHT or WAY LINE Of HIGHWAY •• S u•nr E. A DISTANCE Of M,:,_QI Ft:fl TO THE POINT Of KQlfrNNQ; COHTA.llrolNGA CA.LCl.l.ATEDARUOfl012 k 1 IOUA.IIEfUTOR 1:110:ZS ~H MO"EORLEU UCE•ltNG 11'4EREFfl:OM. AP~lOFLAHDlOCA.TlDIN THE. NCHITPIEAIT OUAJIITf.AOf SECTION4 T~5IOUTH 111.AHOEa 'NEST OIF THE SIXTH Pfl:IHCfPA.l MERIDI A.N ~TY OF IHEAIDAN COUNTY Of MAPAHOE. STA.TE Of CQ..ORADO. lf.lNOMOftl: PA'lTIC\JUAl. V OfSCA•ED AS FCl.lOWI COJ,N!MCINQ AT THE NOATH OUAJtTEA COANER Of IAJO SE CTION • Al MONUMENTE D IIY A T IRASI CAP 'NITNEII CORNEA 11......,f.DPLS 2217 1 WHEN CE lHE JrrKHITHW£1 T COIIINfR Of SA,ID IECTIOW4 ASMOfrotlMENTEDltYA2•112" ALLMNUW CAP ITA.tl/l'(O PU ,,.,. l (AAI I lrM'ICI" W A OISTN-ict OF 2 le& .0 FE.n WITH All IENUNGS COHl AtNfD HlllE~ H ING llEL.ATIVl TM(AfTO THENCE S Jl'M'~t' f. A Dll'TAHCE 0/11411~ F'IEllO THE ~NT Of l(QI N.....a, THENCI 1 w w1r (, A. 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I t H AHON "°""°"°TMAT Al 10lHI ,o,tTO,. r;6' 1''41 Rl\"1 11: POIWT AT l~Di*IH I UIDMIK>N rl.1...0 NO 1 OWWf.DIIYT.._ tm'OI INOllWOOO~LCUOf' IUCM DCOICAT~ 11 Y .t. 0(D1CATIOH0f Al (UCn INllJIIIT txfCUl1DT141l_~vor ____ -·· II · OWNERS ACKNOWLEDGEMENT OWNER : WEINGARTEN MILLER SHERIDAN LLC , A COLORADO LIMITED LIABILITY COMPANY IY _______ _ Al/1HORIZED SKJNA.TURE PR IN'l'TITLl .... cou,m "'----- THE FOAl!GOING INSTRUMENT WAS ACt<NOWlEDCEO BEF~ ME MS ___ DAY °'--------2006.&..D IY _________ AS --------or WEINGARTEN MLLER li-lEltlDAH u.c. A.Ca.ORAOO lMlTtOLLABIUTY WITHEII MY HAND AND orRCW. IEAL. NOTARY J"l.a.lC MY ~tlmc>N EXPIRU ---- OWNER: Al.ANS . KUBE STAT£ Of COL.DA.A.DO COUNTY OF ____ _ ... ) SIONATUFIE THE FOREGOING INSTIUJMENT WAS AO<NOYI\.EDCED ltEfORE ME THIS ___ DAY o, ________ 2006A..D I YAl..ANS K.LBE WITNESS MY HA.HD A.HD OFFlCIA.A. SE.Al NOTMY P1.aUC tlY co••uSSIDN EXPIRES ---- OWNER: TOM R. CARRASCO ITATf Of CCl.OAAOO COUNTYO, ____ _ ,.. ) IIGN"'-TURE THE fOREOOING INSTRUMEMT WAS A.Ctc;NOWlEOOED BEFORE ME TMS DAY °'--------2008A..0 IYTOMR CARRASCO MY COYrr.llUH)H tXP1RH ---- TITLE VERIFICATION WE , LA.HD TITLE GUARANTEE COMPAN't , A TlnE INSURAN CE COMP,tJ,IY DO HEqeev CERTIF"'t' 'no!AT WE NAVE EMMINED THE TITLE OI AU LA.NO SITU ... TED HEREON AND TMAT TITLE TO S\JC .. LANO IS VESTED IN TWE DEO\CATO't!SJ i'~E AN O ClEA.R OI All LIENS, TAXES AND ENCI..MIIW..cES, EXCEfl'l "5 FOl.LOWS. ---------- BY·---------- ·---------- TITlt ________ _ DATE ________ _ COUNTV O& ____ _ ) ,.. ) THE FOREGOING INSTRUMENT W-.S ACttNOW\.EOGEO ltE H)RE ME ll'f!S ___ DAY 0• ________ 1009A D IY _____ .. ____ _ or LANO 1mE GUAJW,lTEE COMPANY'TOM II: CARRASCO WITNES S MY HA.ND A.NO OfTICIA.L SEAL NOTM't'PUILIC SURVEYOR'S CERTIFICATE LEASSOR'S CONSENT :J I II t At.AHWA.flNER AllCEHSED PAO"ESIK)N.lol LAND I\JRVE'l'OR LlCftrriSEOTO PRA...."'TK:f IN THfSTAT'f OFCOlOR.ADO DO Hf-REIY CEJlTlf''t TkA.l lt-lE IUstVl:Y IHOWN AND OESCltl lED HEREOt,,i WA.5 ,.Af_PAAED UtC>EA MY S1JP'EIMIIOH ANO THA l THl1 Pl.Al ii TRUE AN D .t.CCUAATE TO lME 1[11 OI WYIU«JWlfOGf. .t.ND 10.JEF THE Qn' or (MClEWOOO COI.OAAOO , AS LO.SICA ON A. l'OfltTION or THE MAL. PROPt:RTV SHOWN HEIi.EON DOH HEAEl't ltGflEl A.NO CONIENT TOTH( PL.AnlNG ASSJ1C>1,WHEltEOH STA.TE Of' CO..DMDO ) ... PIU"'1'fflU "'--------JOOeAO '"---------Al --------°' T"I Cl"T'r'Ol lNQl...l"tllllO COU)9'ADO ...... ALA N WARNE", l".l I aMI COlORMX> Pll:OffHIONAL LAHD I\JRVfYOA F'OA A.NO ON IEkALF OF VJ COMPANlfl OI COlOAAOO Engineers lm..,_ .. ,111 -.co-Scientists •••- Su,vero,w =---- 0, COLOlAIXJ, LTII FOR REVIE'lf ONLY Ii GENERAL NOTES ii , NOT ICE a.c coqOING TO COlOIUOO LA.W YOU lril US'T COP,1.MENCE ANV LEGA.:. ACTION e.ASED U"Dt,I ANY OErfCl ~ 1-tS SUJl\ftV WITM!lo/ TMA.EE YE A.RS ArTER YOU rlAST DISCOVER SUCH Df"!.C'T II.: NO EVENT MAY A.NV ACT !OH 843£0 UPON AN Y DEFECT IN TrttS SURV[V IE Cow.AENCED MOA.E THA.N TEN VEAR$ rROM lHE DATE or T,tf CEltllFICATION S"'IOWN 1'4EJtEON 1J.«).105IJ)t1! C A:.S 2 Atl'f PERSON WHO K~OWINGL Y REMOVE S, Al •ERS oq Dfr'ACES A.I('( PUil.iC LANO SURVEY MONUMEN'1 OR ,.t:C ESSO-.Y COMM n s A cu.ss TWO (2) MISDEMEANOJI PURS UANT 10 ST"lf ST ... TVTE 1&,4-!IOe CR g J All REFERENCES Hf.REON TO IIOOKS PA.GES MAPS A.ND RE CEPTIO N NlME~ A.Rf PIJBUC DOCVMEN't S rlLEO IN T"IE RECORDS OF ARAPAHOE COUNTY COI.OIWJO c l141S SU10MSt~ PLAT DOES NO T CO NS TIT\JT E,. t 1nE SEA.R C"I V\llCOt,IPAMES CYCOLOAADO ~Ttl TO DE'T ERMINE 0WNE1Ul111> or nos T"AC'i VE Rll'Y lH[ OESCA.IPTIC)l,I SHQW!rrl VER.lf"YTHE COt,IPATIBI..ITY or Tl-411 OE SCR tPTION WITH TNAl or A.C.JA.CEt.'T TRACTS OR V'EII IF'"V V.SEMENTS Cf.' RECO'U> F'OR AU. lNF(lqlrMl\ON qfQ.t.RDING EA.SEM&NTS RIGHlS ()I' WAY 0A TIT LE CY AEcoqo , \ll COMPANIES OI COLo-w>C) L Ttl REUEO UP()tol TITLE COMMI TMENT NO ~EPAAED 9Y DATEO ao01i A.1 !i.OOPM. 5 lJ10Sf PORT1o,,is o r '"f P\.A.1'S Of' PETER.seu q G JAYHAWI( Sl.90M5'0foi YA.NISH SU8DMS!Ofoi NA'T CHE S SVIOIVIIION FILING NO 1 REPU.l or A POAT ION or tHE HAMPOEN BUS~SS CENlfq C)lo,j l'1f PLAT'l'E ANO SCl ENT lf'IC TRANSPORTATION i'IL tl,jG °"O 1. LYING WITl'-IIN THE !IOUHOAR:lES OF THIS SIAIOIVIS ION A.RE "EREaY VA.CA.TEO INCLUDING A.LL EASEMENTS A.N D Rl~TS Of' WA.Y DEDI CATED TNESlEON 6 q!Gf(l.()",WA" F'o,t !1,j~E5S ANO EGRESS rQFt SE RVICE 1,NQ EU.EAGENCYVU«CI..ES WILL 9 E ES'?ASUSMED DURING l >E SIT E 111.A.N PR OCESS T11ESE SHA.UBE POSTED 'N() PARKING · FIA.£ lANF' 1 'lRACTS' DEPICl ED ON THE SU80IVISJ0 N 11\.,1,T MAV NOT BE UTILIZED .t.S l"IDf PfNOENl 8 \.JllOINO LOTS I l RACTI A. 9 C AND to ARE TO IIE OWNED ANO MAINlALNE D 9" AN ASSOCIAnoN 0, PCloPfRT'\' OwYJrrofEIISAND AA( lh'Y tNDED r()A. US E AS oPEN SPA.CE ASSOCI A.TED WllH THE s oun-Pl.An£ RIVtR COAAIOOR I l lbi.CT6 D E I J AN O K AIIE F'OP THE PUR•OSE or THE oPEAATION Of STORM WATER QUAL ITY ""Cl.JTIES .t..NO ARE TO IE OWNE D "NO MAIN't A.JNED I V A.N "5SOCIATION Of' PROl'EA:TY ~RS 1C! Tll4Cll F ~ P Q 5 ANO T Aq:f FC)q OPfh' SPACE .,SO SIGH.t.(if PURPOSES A.ND ARE 10 IE OWNEO ANO MAINlMNEO I " AH ASSOCIA TION CY PRoPER.TY OWNEIU , I ·RACT q IS LNTENDE O TO I E USED IN COHJUNCllON W'TM l Ol III QI" Bl.CO: I 0A u,. c::,t,,JUNCTIOH wm , THE l/lolPL.AlTED PROPEltTY TO THE EASl or TCW:T It. 12 HtAC T G 1$ l t+f "OA.TIOH o, PUi l.iC STRE ET S OEDtC Al EO TO 1"4f' CITVCY SHERIDAN TkAT IS wm «h'THE ~WEMOLO ESTATE lE.t.SEC FAOt,1 lHE cm' or ENGLfWOOO 13 l U CT .. ,s TOBE DEVELOPED AS A.N AJl:EA Foat OU.\Sl,PIJtlllC US[ IMP'IOYEMESTSWllllNTRACl 1-1 ARE TO &E CONSTIUJCTED OWNED AHC M.t.l N"T A.tM!D S'I' A.N ASSOCiATl()h! 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DWitC'TO mu,w llUSTIC C/11' "" &/I" ~ ll:MII -'vll'\.I-· , ---AUOUOI UN[ ----------com:,uc t,ll(M[HT UN[ FOR REVIEW ONLY S.::.al "•BO' .• ~u , ":,",.': .... , .. •~ ..... ~ CITY Off cNCUWOOO LlMt LIC .----------------1 ----ED0t ti WATDI (JUtrC. 200S) ,U,00,,,.Y 0. - '°'· --~-,0 CAI a 11 •1 .. (>X•i E""ilNHlt1 1,. ___ uo ... o...a,- Soenlisa ••-- SulW)'OtW :::::.• AN1D Of COI.O&ADO, LTD. SHEET IS OF 6 1125312 4.doc 412236-08 ~-------------- EXHIBITC MEMORANDUM OF LEASE 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Daniel L. Brotzman, Esq . City Attorney City of Englewood 1000 Englewood Parkway Englewood, CO 80110 (Space Above for Recorder's Use Only) EXHIBITC MEMORANDUM OF LEASE AND RIGHTS OF FIRST REFUSAL AND FIRST OFFER THIS MEMORANDUM OF LEASE AND RIGHTS OF FIRST REFUSAL (this "Memorandum") is made and entered into as of , 2006 , by and among City of Englewood, a home rule municipal corporation ("Landlord"), and Sheridan Redevelopment Agency , a body corporate and politic of the State of Colorado ("Tenant"). 1. T ERM AND PREMISES . The Lease Term commences on "11C ends on , all in accordance with the provisions set forth in that certain wri t .en Ground Lease dated , 2006 and executed by Landlord and Tenant ("Lease"), all of which provisions are specifically made a part hereof as though fully and completely set forth herein . Landlord Leases to Tenant, and Tenant leases from Landlord , the certain real property consisting of land ("Premises") located in Arapahoe County, Colorado , as le gally described in Ex h ibit A attached hereto , to gether with all rights of ingress and egress and all other rights appurtenant to said Premises including, without limitation, the right to use the improvements to be constructed on the Premises for the purpo s es contemplated in the Lea s e, all of w hich ri g ht s are more partic ul arl y describe d in th e Le a se. 2. USE. Reference is pa1ticularly made in Article 19.1 of the Lease wherein certain restrictions on the use of Premises. 3. RIGHT OF FIRST REFUSAL. Landlord has granted to Tenant a Right of First Refusal during the term of the Lease to purchase the Premises or a portion thereof in the event Landlord receives an offer from a third person to purchase the Premises or a portion thereof AND the Landlord desires to accept. Reference is made to Article 21 of the Lease for the specific terms and conditions of the Right of First Refusal. 6036 0 669 4 4. PURPOSE OF MEMORANDUM OF LEASE. This Memorandum is prepared for the purpose of recording and in no way modifies the express and particular provisions of the Lease. 5. FOR THE BENEFIT OF THE PREMISES. Landlord and Tenant intend that the covenants, conditions and restrictions described and referred to herein shall be both personal to Landlord and Tenant and binding on their successors and assigns (to the extent assignment is permitted under the Lease). Each successive owner of the Premises or of any portion thereof, and each person having any interest therein derived through any owner thereof, shall be bound by such covenants, conditions and restrictions for the benefit of the Premises. 6. TERMINATION. In the event the Lease terminates for any reason, Landlord shall have the right to record an Affidavit certifying that the Lease has terminated. Upon the recording of such Affidavit, this Memorandum shall also be deemed terminated and of no further force and effect. IN WITNESS WHEREOF, this Memorandum has been executed as of the date first written above . LANDLORD: CITY OF ENGLEWOOD A home rule municipal corporation By : Mayor TENANT: SHERIDAN REDEVELOPENT AGENCY A body corporate and politic of the State of Colorado By : Title : --~------------- STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ___ day of _______ , 2006 , by as Mayor of City of Englewood, a home rule municipal corporation. WITNESS my hand and official seal. My commission expires : ___________ _ Notary Public STATE OF COLORADO ) ) ss . CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ___ day of _______ , 2006 , by ., as of Sheridan Redevelopment Agency , a body corporate and politic of the State of Colorado. WI TNE SS my hand and offi cial seal. My commission expires: ------------ Notary Public 6036\20\973129 3 -------------- EXHIBIT A TO MEMORANDUM OF LEASE AND RIGHTS OF FIRST REFUSAL AND FIRST OFFER LEGAL DESCRIPTION OF PREMISES Exhibit B -1 of 1 ~Jjt:•~ ~-, .. ~ PREMISES DESCRIPTION EXHIBIT A SHEET 1 OF 5 \'~~iQ ve1rtrnlr~ Vwt1QcYl~ A LEASE PREMISES LOCATED IN SECTION 4, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; COUNTY OF ARAPAHOE , STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER. BEING S 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 00°13'03" W, A DISTANCE OF 464 .17 TO THE SOUTHEASTERLY CORNER OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATTE, A SUBDIVISION RECORDED IN PLAT BOOK 99 AT PAGE 6 OF THE ARAPAHOE COUNTY RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 00'13'03" W, A DISTANCE OF 824.65 FEET; THENCE S 89'46'57" E, A DISTANCE OF 69 .51 FEET; THENCE S 13'38'27" W, A DISTANCE OF 81.34 FEET TO THE WESTERLY BOUNDARY OF YANISH SUBDIVISION, A SUBDIVISION RECORDED IN PLAT BOOK 41 AT PAGE 17 OF THE ARAPAHOE COUNTY RECORDS; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARIES OF SAID YANISH SUBDIVISION THE FOLLOWING TWO (2) COURSES AND DISTANCES : 1. S 15'54'51" W, A DISTANCE OF 914 .34 FEET; 2. S 73'37'05" E, A DISTANCE OF 554 .56 FEET; THENCE S 16'22'55" W, A DISTANCE OF 94 .52 FEET; THENCE S 73'29'31 " E, A DISTANCE OF 200 .06 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DRIVE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, S 16'27'48" W, A DISTANCE OF 147.12 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89'56'49" W, A DISTANCE OF 460.45 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE NORTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4 , S 89'54'17" W, A DISTANCE OF 50.15 FEET; THENCE S 16'22'55" W, A DISTANCE OF 737 .64 FEET; THENCE S 45'58'08" W, A DISTANCE OF 29 .26 FEET; THENCE N 89'20'4 7" W, A DISTANCE OF 23 .72 FEET; THENCE S 39'36'10" E, A DISTANCE OF 21.75 FEET; THENCE S 26'40'25" W, A DISTANCE OF 268 .67 FEET; THENCE N 63'19'35" W, A DISTANCE OF 30 .00 FEET; THENCE S 26'40'25" W, A DISTANCE OF 165.06 FEET; THE NCE N 89'58'35" W, A DISTANCE OF 158 .57 FEET; THENCE S 00'01'25" W , A DISTANCE OF 150 .00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF OXFORD AVENUE; THENCE ALONG THE NORTHERLY RIGHT OF WAY LINE OF OXFORD AVENUE , N 89'58'35" W , A DISTANCE OF 233.40 FEET; THENCE N 85'14'11" E, A DISTANCE OF 61.45 FEET; THENCE N 00 '28'34 " W, A DISTANCE OF 207 .87 FEET; THENCE S 90'00'00" E, A DISTANCE OF 57 .93 FEET; THENCE N 16'47'08" E, A DISTANCE OF 440 .93 FEET; THE NCE N 46'44'08" W, A DISTANCE OF 135 .36 FEET; THE NCE N 26'23'49" W, A DISTANCE OF 78 .65 FEET; THENCE N 33'29'43" E, A DISTANCE OF 73 .39 FEET; THE N CE N 02'12'43" W, A DISTANCE OF 104.93 FEET; THENCE N 14'33'49" E, A DISTANCE OF 94 .85 FEET; CONTINUED ... PROJECT : 003038 ,13 COMPANIES OF COLORADO 2399 BLAKE STREET., STE. 1301 DENVER, CO . 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ,,.., ,W EXHIBIT PREMISES DESCRIPTION CONTINUED THENCE N 04°58'59" W, A DISTANCE OF 71 .81 FEET; THENCE N 12°19'17" E, A DISTANCE OF 46.09 FEET; THENCE N 19°20'00" E, A DISTANCE OF 141 .15 FEET; THENCE N 08°04'57" w. A DISTANCE OF 147 .73 FEET; THENCE N 40°22'45" E, A DISTANCE OF 96 .54 FEET; THENCE N 06°53'42" W, A DISTANCE OF 80.59 FEET; THENCE N 22"38'11" E, A DISTANCE OF 91.09 FEET ; THENCE N 01°40'40" E, A DISTANCE OF 91 .14 FEET; THENCE N 36"27'17" E, A DISTANCE OF 57 .62 FEET; THENCE N 20°16'06" W, A DISTANCE OF 160 .22 FEET; THENCE N 13°24'27" E , A DISTANCE OF 88 .22 FEET; THENCE N 22"04'04" W, A DISTANCE OF 38.67 FEET; THENCE N 46"43'15" W, A DISTANCE OF 88.33 FEET; THENCE N 00°57'40" W, A DISTANCE OF 151.08 FEET; THENCE N 32°08'26" w. A DISTANCE OF 114.85 FEET; THENCE N 15°32'59" W, A DISTANCE OF 76 .29 FEET; THENCE N 39°16'11" W, A DISTANCE OF 39 .29 FEET; THENCE N 65°37'00" W, A DISTANCE OF 71 .17 FEET; THENCE N 25"01'01" W, A DISTANCE OF 50.11 FEET; THENCE N 52°37'27" W, A DISTANCE OF 33 .88 FEET; THENCE N 80°47'51" w. A DISTANCE OF 56 .01 FEET; THENCE N 31°37'24" W, A DISTANCE OF 91 .75 FEET; THENCE N 83°47'04" W, A DISTANCE OF 113 .35 FEET; THENCE N 32°23'45" W, A DISTANCE OF 86 .77 FEET; THENCE N 15"17'05" W, A DISTANCE OF 30 .14 FEET; THENCE N 00°05'56" E, A DISTANCE OF 31.91 FEET; THENCE N 36'38'27" E, A DISTANCE OF 145.14 FEET; SHEET 2 OF 5 A THENCE N 17"02'27" W, A DISTANCE OF 192.38 FEET TO THE SOUTHERLY BOUNDARY OF SAID REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATIE; ¥l~1l'1. ve1rt~.r~ v~rjc~il~ THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID REPLAT OF HAMPDEN BUSINESS CENTER ON THE PLATIE, N 72°57'33" E, A DISTANCE OF 1214.48 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 2 ,372,114 SQUARE FEET OR 54.457 ACRES, MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATIACHED PREMISES DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALAN WARNER COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO, LTD . 2399 BLAKE ST., SUITE 130 DENVE R, CO . 0205 303-989-8588 D03038 PROJECT : D03038 ,13 COMPANIES OF COLORADO 2399 BLAKE STREET., STE. 130, DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT A N89'56 '50 HE 50.14 ' SHEET3 OF 5 A__ _Ji._ BASIS OF BEARINGS v.--\_ V -N 89'56 '50 " E-2605.2=-=5,..,...·-- NW COR., SEC. 4 2-1/2 " ALUM. CAP POINT OF COMMENSEMENT LS 11434 WITNESS CORNER J" BRASS CAP, LS 225 7 1 REPLAT HAMPDEN BUSINESS CENTER PLAT BOOK 99, PAGE 6 \_ NW 1/16 COR., SEC. 4 f..'I, 2" ALUM. CAP ;, IL LEGIBLE UNPLATTED \..'Se, LEASE PREMISES 2 ,372,114 SF± 54.456 AC± ._ \_ N 1/4 COR., SEC. 4 ~ CALCULATED POSITION ~ NO MONUMENT FOUND ',t CORNER FALLS IN SOUTH PLATT£ RIVER BLOCK 1 7 "t PETERSBURG • G PLAT BOOK At, PAGE 2 ~ LOT 1, BLOCK 1 ~ { GLENN 'S SUBD. FIL. NO. 1 "') -PLAT BOOK 104, PAGE 38 <: :it: ',t. • "-BLOCK 1 .-ti i NATCHES SUBD . ...J ~<:PLAT BOOK 105, PAGE 42 c:::,W 0~ '-~ "' BLOCK 1 PETERSBURG PLAT BOOK AT, PAGE 2 L2 SEE SHEET 4 Scale : 1 "=300' 300 PREMISES CONTAINS APPROX .2,372,114 SQ FT (54 .456 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY , IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . 0 FEET LEASE PREMISES RIVER POINT AT SHERIDAN SECTION 4, T. 5 S., R. 68 W., 6TH PM OR SET 600 Engineers Scientists Surveyors 2399 Blake Street, Suite I 30 Denver, CO 80205 303 .989 .8588 voice 303.989 .9932 fax V3eo .com CITY OF SHERIDAN , COUNTY OF ARAPAHOE, STATE OF COLORADO ORN : AGW DATE : 07107106 JOB :003038 COMPANIES OF COLORADO LTD . CKD : SCALE : 1"=30C7 FBK : NIA ILLUSTRATION FOR EXHIBIT A UNPLATT£D W 1/4 COR., SEC. 4 \ tz 1/4" ALUM. ~s 21502 UNPLATT£0 L21 SHEET 4 OF 5 SEE SHEET 3 LEASE PREMISES 2,372,1 14 SF± 54 .456 AC± _ N 89 .58 ,J~ ~ 2643•84 , OXFORD A_V._EN_U_E~i'>--- SOUTH LIN£, NT/2, SWT/.4 S£C. 4 S1/16 COR., SEC 16/15 S 1/16 COR., SEC. 4 1-1/2" ALUM. CAP J-1/4" ALUM. CAP ILLEGIBLE PLS 2 3516 PREMISES CONTAINS APPROX.2,372 ,114 SQ FT (54.456 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY, IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . 0 Sca le : 1 "=3 00 ' 300 FEET LEASE PREM ISES RIVER POINT AT SHERIDAN SECTION 4, T . 5 S ., R. 68 W ., 6TH PM 600 Engineers cientists urveyor. 2399 Blake Street, Suite 130 Denver, CO 80205 303 .989 .8588 voice 303 .989 .9932 fax V3co .com CITY OF SHERIDAN , COUNTY OF ARAPAHOE, STATE OF COLORADO ORN : AGW DATE : 07/07/06 JOB : D03038 MPANIES OF COLORADO LTD . CKD : SCALE: 1"=300' FBK: NIA I, ILLUSTRATION FOR EXHIBIT SHEET 5 OFS LINE TABLE LINE BEARING DISTANCE LINE L1 soo· 13'03"w 824.65' L31 L2 S89"46'57"E 69.51' L32 u S13'38'27"W 81.34' L33 L4 S15·54•51 "W 914.34' L34 LS S73'37'05"E 554.56' L35 L6 S16"22'55"W 94.52' L36 L7 S73'29'31 "E 200.06' L37 LB S16"27'48"W 147.12' L38 L9 S89"56' 49"W 460.45' L39 L10 S89' 54' 17"W 50.15' L40 L11 S16'22'55"W 737.64' L41 L12 S45'58'08"W 29.26' L42 L13 N89'20' 4 7"W 23.72' L43 L14 S39' 36' 1 O"E 21.75' L44 L15 S26'40'25"W 268.67' L45 L16 N63"19'35"W 30.00' L46 L17 S26'40'25"W 165.06' L47 L18 N89'58'35"W 158.57' L48 L19 S00'01 '25"W 150.00' L49 L20 N89'58'35"W 233.40' L50 L21 N85'14'11"E ' 61 .45' L51 L22 N00'28'34"W 207.87' L52 L23 S90'00'00"E 57.93' L53 L24 N16'47'08"E 440.93' L54 L25 N46'44'08"W 135.36' L55 L26 N26'23'49"W 78.65' L56 L27 N33'29'43"E 73.39' L57 L28 N02'12'43"W 104.93' L58 L29 Nl 4'33'49"E 94.85' L30 N04'58'59"W 71 .81' THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY, IT IS INTENDED ONLY TO DEPICT THE AITACHED DESCRIPTION . A BEARING DISTANCE N12"19'17"E 46.09' N19"20'00"E 141.15' N08"04'57"W 147.73' N40"22'45"E 96.54' N06"53'42"W 80.59' N22" 38' 11 "E 91.09' NO 1° 40' 40"E 91 .14' N36"27' 17"E 57.62' N20" 16'06"W 160.22' N 13'24'27"E 88.22' N22"04'04 "W 38.67' N46'43'15"W 88.33' N00'57'40"W 151.08' N32'08'26"W 114.85' N15'32'59"W 76.29' N39'16'11 "W 39.29' N65'37'oo·w 71.17' N25'01 '01 "W 50.11' N52'37'27"W 33.88' N80'47'51 "W 56.01' N31'37'24"W 91.75' N83'47'04"W 113.35' N32'23'45"W 86.77' N15'17'05"W 30.14' N00'05'56"E 31.91' N36'38'27"E 145.14' N 17'02'27"W 192.38' N72'57'33"E 1214.48' LEASE PREMISES RIVER POINT AT SHERIDAN SECTION 4, T. 5 S., R. 68 W., 6TH PM Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver, CO 8020S 303 .989 .8588 voice 303 .989 .9932 fax CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO V)co .com ORN : AGW I DATE : 07/07/06 I JOB : 003038 COMPAN IES OF COLORADO LTD . CKD : I SCALE : 1"=N/A' IFBK: NIA ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 29 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY. WHEREAS , on May 15 , 2006, the City Clerk received a petition ("Petition") requesting that the Englewood City Council establish a business improvement district to be known as the South Broadway Englewood Business Improvement District along South Broadway from the 2700 Block through the 3500 Block, in the City of Englewood, Colorado pursuant to 31-25-1201 , et seq ., C .R.S .; and WHEREAS , the petition was accompanied by the required cash deposit and a proposed 2007 operating plan and budget (the Operating Plan); and WHEREAS , the City Clerk presented the Petition and Operating Plan to the Englewood City Council at a regular meeting held July l 0 , 2006 at which time the City Council held a public hearing on the petition ; and WH EREAS , th e C ity Clerk has caused required notice o f said publi c hearin g to be published and ma iled by first class mail to all property own ers within th e proposed South Broadway En g lew ood Bus ine ss Impro v ement Di strict (the "Dis trict"); and WH ERE AS , the En g lewood City Council h e ld the public hearing on Jul y 10 , 2006 , at which time th e petitioners and other interested parties appeared and were given opportunity to be heard ; and WH EREAS , th e evidence pres ented at the publi c hearing demon strate s that all condition s impo se d by state la w for th e organization of a busin ess improve ment d is tri ct exis t in thi s ca se and s upport the o rgan izatio n of th e Di str ict ; NOW , THEREFORE, B E IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. An emergency is hereby declared requiring immediate passage of this Ordinance for the reason that under Section 1-5-203 of the Uniform Election Code , the Bid must certify the ballot content no later than sixty days prior to the November 7, 2006 General Election. Accordingly, Ci ty Council finds and determi nes that an emergency exists and that passage of the within Bill for Ordinance is necessary for the immediate preservation of public property, health , peace and afety and shall become effective immediately upon final passage and published within seven day of final pa sage. Section 2. The above and foregoing recitals are incorporated herein by reference and are adopted a finding s and determinations of the Engle·wood City Council. The Englewood City Council further find and determines as follows : 1 11 b ii A. The Petition is in the form and content required by state law . B . The total valuation for assessment of the taxable real and personal property in the service area, according to the records of the Arapahoe County Assessor, is $11 ,336,790. C. The signatures on the Petition are genuine, and represent ownership of real and personal property in the service area having a valuation for assessment of $6,058,980, which is more than fifty percent of the total valuation. D . The acreage in the proposed District is 25.2 acres. E . The signatures on the Petition represent ownership of 14.1 acres, which is more than fifty percent of the total acreage of the District. F . All other allegations of the Petition are true. G . The types of services or improvements to be provided by the proposed District are those services or improvements, which best satisfy the purposes of Part 12 of Article 25, Title 31 C.R.S . H . Not less than fifty percent of the service area has, before the passage of this Ordinance, been developed and used as commercial property, and at the present time the service area is used primarily as commercial property. None of the property within the boundaries of the District is classified other than as commercial property, and none of such property is within any other existing business improvement district. I . All of the property within the boundaries of the District is within the corporate limits of the City of Englewood, Colorado. Section 3. Based on the above findings , the Englewood City Council declares the District organized under the corporate name of the South Broadway Englewood Business Improvement District , with the boundaries and service area specified in The District Operating Plan and Budget dated March 3, 2006. The District shall have all powers conferred by statute upon business improvement districts to furnish the services and facilities enumerated in the Operating Plan for 2007, which Operating Plan is also hereby approved. Section 4 . The Board of Directors of the District shall consist of seven electors of the District appointed by the Englewood City Council as more fully set forth through a Resolution . The initial terms so appointed shall commence on the effective date of this Ordinance and extend until the dates specified in the Resolution . Upon the expiration of the initial terms, successors shall be appointed for terms of three years. The City Council shall appoint persons to fill new terms and vacancies from slates of nominees submitted to City Council by the District Board of Directors . City Council may, in its discretion, decline to appoint the slate of nominees . If it does so, the entire slate shall be returned to the District Board of Directors who shall submit another slate of nominees for consideration by City Council. Slates submitted by the District Board of Directors shall be composed of persons who are then electors of the District and who e appointment will result in a Board of Director whose composition is consistent with the standards set forth in the Operating Plan currently in effect. Section 5. The Mayor i authorized to execute and the City Clerk to atte t and ea! for and on behalf of the City of Englewood, Colorado . 2 Section 6. Sunset Provision. The South Broadway Englewood Business Improvement District shall terminate in ten (10 ) years unless renewed by Council Ordinance . A Public Hearing was held on the l01h day of July , 2006 . Introduced , read in full , and passed on first reading as an emergency ordinance on the 24th day of July , 2006 . Published as an emergency Bill for an Ordinance on the 28th day of July , 2006. Read by title and passed on final reading as an emergency Ordinance on the 7th day of August , 2006 . Published by title as emergency Ordinance No._, Series of 2006, on the 11th day of August , 2006. This emergency Ordinance shall be effective as of the 8th day of August , 2006 . Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Loucri shia A . Ellis 3 ( ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION AGREEMENT REGARDING CONSTRUCTION OF THE TRAIL EXPANSION AND BUFFER PROJECT RELATED TO THE MARY CARTER GREENWAY TRAIL BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS DISTRICT . WHEREAS , in 2003 the Englewood City Council approved the South Platte River Open Space Plan ; and WHEREAS , the Englewood City Council approved the 2005 Open Space budget including match funding for this project as part of the Multi-Year Capital Project budget ; and WHEREAS , in January 2005 the Englewood City Council approved the intergovernmental Agreement to participate in the Arapahoe County Open Space Shareback Program that provides the match funding ; and WHEREAS , this project is designed to impro ve and expand the section of the Trail approximately from the Sheridan -Englewood border at West Girard Avenue north to the Englewood-Denver border at West Bates Avenue , approximately one-half mile of the Trail ; and WHEREAS , the greenway Expansion and Buffer Project bas three primary purposes , which are to increase the capacity, safety and aesthetics of the Trail ; and WHEREAS , the Arapahoe County Open Space and Trails Board (OSTB) selected this trail project to rec eive $2 17 ,530 of Grant fund ing in their 2005 round of grant fund ing reque sts; and WHEREA S, Englewood has budge ted $125,00 0 of Englewood 's sh are of Open Sp ace Shareback Funds for this project that will remain in place for construction and contingencies ; and WHEREAS , the proposed South Suburban Intergovernmental Agreement provides $125 ,000 of funding for the project whi le leaving the City responsible for the trail construction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The Intergovernmental Agreeme nt between the City of Englewood, C olorado and the South Suburban Parks District entitled Construction Agreement, attached as "Exhibit A •, is hereby accepted and approved by the Englewood City C ouncil. -1- 11biii Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 241h day of July, 2006. Published as a Bill for an Ordinance on the 28th day of July, 2006. Read by title and passed on final reading on the 7th day of August, 2006. Published by title as Ordinance No. _, Series of 2006, on the 11th day of August, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2006 . Loucrishia A. Ellis -2- CONSTRUCTION AGREEMENT THIS AGREEMENT is made this day of , 2006, by and between the City of Englewood, a Colorado home rule municipality chartered under Article XX of the Colorado Constitution and located within Arapahoe County ("City"), and the South Suburban Park and Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado, organized pursuant to Title 32 , C.R.S . ("District"). RECITALS WHEREAS, the City, in conjunction with the District, did submit an Arapahoe County Open Space, Parks, and Trails Grant Application earlier this year for a project to increase the capacity of the Mary Carter Greenway within the jurisdiction of the City; and WHEREAS, this project is designed to improve and expand the section of the Trail approximately from the Sheridan-Englewood border at West Girard Avenue north to the Englewood-Denver border at West Bates Avenue. This section comprises approximately 1/2 mile of the Trail, and the Greenway Expansion and Buffer Project has three primary purposes, which are to increase the capacity, safety, and aesthetics of the Trail. The Project will add an 8 foot-wide crusher fines extension next to the existing Trail south of Dartmouth Avenue for use by walkers and runners. The section of the Trail north of Dartmouth A venue does not provide sufficient room for crusher fines, so a 5 foot wide concrete path will be added adjacent to the existing Trail for use by pedestrians. The result will be a separation between walkers and runners, and users on bikes and roller blades (in total, the "Greenway Expansion and Buffer Project"); and WHEREAS, the total estimated cost of the Greenway Expansion and Buffer Project described above is $342,530. A grant in the amount of $217 ,530 has been authorized by the Arapahoe County Open Space, Parks, and Trails Grant Program, leaving a matching fund requirement of $125,000, which the District is prepared to provide in return for the City overseeing the construction of the Project, and bearing the risk of funding any cost overrun which may occur; and WHEREAS, Section l 8(2)(a), Article XN of the Colorado Constitution, Section 29-1-203, C.R.S., Section 31-15-101, C.R.S., and Section 32-1-1001, C.R.S., empower the City and the District to enter into intergovernmental agreements with one another to provide intergovernmental services and facilities (including the sharing of co ts) and the incurring of debt, when so authorized by their respective governing bodies and as lawfully authorized by each Party to govern the provision of such services and facilities to the inhabitants and visitors of the City and the District. e X H I B I T A AGREEMENT NOW, THEREFORE, in consideration of the covenants , promises , and agreements contained herein , the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. District agrees to , and does hereby, appropriate and reserve $125 ,000 to be paid to City as needed to accomplish the Greenway Expansion and Buffer Project, estimated to cost a total of $342 ,530 pursuant to the Grant Application to the Arapahoe County Open Space, Parks, and Trails Grant Program, as more fully described within said Grant Application. 2. City agrees to undertake the acquisition of the $217,530 approved as an Arapahoe County Open Space, Parks, and Trails Grant toward this Project; and along with the contribution from District, to undertake and absorb all costs of the contracting, inspection, and completion of the Greenway Expansion and Buffer Project, and to process all bookkeeping, accounting, and reporting necessary to comply with the Grant terms and conditions. 3 . The Greenway Expansion and Buffer Project will be built to the standards and specifications of the City and the District. Should a conflict arise between the specifications of City and District, the more restrictive of the specifications shall apply. 4 . Should the direct costs of the Greenway Expansion and Buffer Project be less than the $342 ,530, District shall be credited with the cost savings. Should the cost of the Project exceed the estimated total Project costs , City shall pay any such overages, up to $100,000. Any other excess costs shall be negotiated between the Parties, and made the subject to an addendum to this Agreement. 5 . This Agreement shall be for a period of ONE (1) YEAR, to September 200 7 . Should the Greenway Ex pansion and Buffer Proj ect not be completed within that one-year period , this Agreement may be renewed for an additional two (2) years through written notice from the City to the District with an explanation of the reason for delay. 6 . Each Party, to the extent permitted by law and subject to all immunities, defenses, an d other protection s afford ed to the Parties pursu ant to the Colorado Governmental Immunity Act, Section 24-1 0 -101, et seq., C .R.S ., to indemnify and hold harmless the other Party, its agents and employees from and against any and all claims from third parties for damages, loss, injuries , liabilities and expenses for personnel injury or property damage, relating to or arising out of the Greenway Expansion and Buffer Project, resulting from the indemnifying Party's negligence. 2 , 7. Any notice or communication pursuant to this Agreement should be given in writing, delivered or mailed to: South Suburban Park and Recreation District c/o H. William Woodcock, Manager of Planning/Construction 6631 South University Boulevard Centennial, Colorado 80121 (303) 795-6531 (tel.) (303) 798-3030 (fax) City of Englewood c/o Gary Sears, City Manager 1000 Englewood Parkway Englewood, CO 80110 (303) 762-2310 (tel.) (303) 762-2408 (fax) City of Englewood c/o Mark Graham, Senior Planner, Project Manager Community Development Department 1000 Englewood Parkway Englewood, CO 80110 (303) 762-2353 (tel.) (303) 783-6895 (fax) 8. This Agreement represents the entire agreement between the Parties. Only an instrument in writing signed by the Parties may amend this Agreement. 3 IN WITNESS WHEREOF, the Parties hereto have executed this Intergovernmental Funding Agreement. Attest: Loucrishia A. Ellis City Clerk Attest: CITY OF ENGLEWOOD By: Olga Wolosyn, Mayor Date: --------- SOUTH SUBURBAN PARK AND RECREATION DISTRICT By: Date: --------- 4 COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2006 11 Ci Resolution Establishing a Line of Credit for the Housing Rehabilitation Enterprise Fund Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance 23, Series 1999 assuming all the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority. Council also approved Resolution 33, Series of 2000 and Resolution 77, Series of 2003 authorizing an agreement establishing lines of credit for the continuance of the Housing Rehabilitation Fund with three additional one-year line of credit extensions to be negotiated. Also approved was Ordinance 26 , Series of 1999 establishing the Housing Rehabilitation Fund and Ordinance 31 , Series of 2003 creating the City of Englewood Housing Rehabilitation Enterprise Fund . RECOMMENDED ACTION Staff recommends Council adopt a Resolution establishing a new line of credit with WestStar Bank for $750,000 to support the acti v ities of the Housing Rehabilitation Enterpris e Fund and to approve the C ity Manager or design ee to negotiate three additional one-year periods that w ill not i ncrease the amount of the line of c redit. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City created the Housing Rehabilitation Loan Program in 1977 to preserve the existing housing stock in the City and to address the problems of low-income families with the financing of major repairs. The Program was administered through the Englewood Housing Authority until early 1999 when the City established the Housing Rehabilitation Fund and assumed all of the assets and liabilities of the Rehabilitation Program. A major component of the success of the program is the support from the banking community. Since 1977 various lines of credit to taling over $6.2 million have been extended to the Fund from various local banks. The 2006 request is for an additional $750,000 guidance line from WestStar Bank to be disbursed for one year to support the rehab program. This amount is in addition to the current outstanding debt owed to Vectra Bank of $1,178,822 from past lines of credit. The Vectra Bank line of credit has expired and will not be renewed. The proposed initial fi x ed interest rate offered by WestStar Bank is 6.365 %. The interest rate is fixed, but new advances from the guidance line are subject to monthly adjustments based on the prime rate . All loans are approved at a fixed rate to be repaid over a 20-year maximum term. Additional one-year guidance line periods will need to be negotiated annually by the City Manager or designee for the next 3 years in order to continue the program at its current level of service . At the completion of each rehabilitation project, the individual loan is secured by a Promissory Note and Deed of Trust ( usually a second) recorded on the homeowner's property. The City Manager's designee (the Director of Community Development) signs a note from the Fund to the bank plus issues an Assignment of Deed thereby fully collateralizing each loan using the homeowner's property as security. Each homeowner makes monthly payments to the Fund and the Fund then passes these payments through to the bank. An additional collateral account equal to 5% of the outstanding balance of the amount drawn from the guidance line will be required to be held on deposit at WestStar Bank. Fund 46 is available to fund the account as needed. FINANCIAL IMPACT Existing Community Development staff administers the Housing Rehabilitation Fund . No additional monies will be required. The outstanding debt of the Housing Rehabilitation Fund will be increased by the amount of the guidance line used , up to a maximum additional amount of $750,000, which will take the total current debt up to $1 ,928,82 2. LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2006 A RESOLUTION APPROVING A NEW LINE OF CREDIT WITH WESTSTAR BANK FOR $750,000 TO SUPPORT THE ACTIVITIES OF THE HOUSING REHABILITATION ENTERPRISE FUND AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE THREE ADDITIONAL ONE-YEAR EXTENSIONS FOR THIS LINE OF CREDIT THAT WllL NOT INCREASE THE TOTAL AMOUNT OF THIS LINE OF CREDIT. WHEREAS, Englewood City Council approved Ordinance 23, Series of 1999, assuming all of the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority; and WHEREAS, Englewood City Council approved Ordinance 26, Series of 1999, establishing the Housing Rehabilitation Fund and Ordinance 31, Series of 2003, creating the City of Englewood Housing Rehabilitation Enterprise Fund; and WHEREAS, Englewood City Council also approved Resolution 33 , Series of 2000, and Resolution No. 77, Series 2003, authorizing an agreement establishing a line of credit for the continuance of the Housing Rehabilitation Fund with three additional one-year line of credit extensions; and WHEREAS, this line of credit is contracted with Vectra Bank and creates an outstanding indebtedness to Vectra of $1 ,255,159 which includes $60 ,000 in current line of credit advances; and WHEREAS, Weststar has shown an interest in participating in the program with the Fund; and WHEREAS, upon signing of this new line of credit, the unused current line of credit with V ectra will be cancelled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l . Englewood City Council hereby authorizes the City Manager to sign a new line of credit with Weststar Bank for $750,000 to support the activities of the Housing Rehabilitation Enterprise Fund. • Section 2. Englewood City Council hereby authorizes the City Manager to negotiate terms for three additional one-year periods that will not increase the amount of the line of credit. ADOPTED AND APPROVED this 7lh day of August, 2006 . ATTEST: Olga W olosyn , Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2006 . Loucrishia A. Ellis , City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2 006 11 C ii Support for EEFI Subleasing the Vacant Plaza Retail Space at CityCenter Initiated By: Staff Source: Englewood Environmental Foundation, Inc. (EEFI) Robert Simpson, EEFI Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1997, City Council authorized the creation of the Englewood En v ironmental Foundation, Inc. (EEFI) as a nonprofit development corporation to further the redevelopment of the CityCenter Englewood site. RECOMMENDED ACTION Staff recommends that City Council adopt a Resolut ion supporting EEFI in leasing the vacant plaza retail space located at CityCenter Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED EEFI has recei v ed a proposal for the reuse of the vacant plaza retail space. The proposal w as re v iewed and recommended for approval by the EEFI Property Re v iew Committee. The user is an architectural firm that will lease the entire space and convert it to office suites. The architectural firm will use approximately 6,000 square feet for their needs and the remainder will be developed as professional office suites that will be subleased . This 60-month lease w ill acti vate the vacant plaza space and prov ide the follow ing benefits : • Create approximately 16 ne w jobs associated wi th the arc hitectural firm . • Th e profess ional office suites w ill attract ne w offi c e users to Engle w ood and spur addi t io n al ec on om ic ac ti vity at CityCen t er. Th e professi onal office suites w ill function similar to an office incubator for small-scale office users. Over time, these users may take a permanent location elsewhere in Englewood. • The site reuse will enable the reconfiguration of the space, which will enhance the reuse and marketability of this space. • Revenues from the lease will support public-re lated project activi t ies at CityCenter Eng lewood over time. FIN ANCIAL IMPA CT There are no increased financial impacts associated with this Resolution . LI ST OF ATTAC HM ENTS Resolution . .,. RESOLUTION NO. SERIES OF 2006 ARESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. (EEFI) SUBLEASE OF THE VACANT PLAZA RETAIL SPACE LOCATED AT THE CITYCENTER ENGLEWOOD SITE . WHEREAS, in 1997 the City Council of the City of Englewood, Colorado authorized the creation of the Englewood Environmental Foundation, Inc . (EEFI), as a nonprofit development corporation to further the redevelopment of the Cinderella City site ; and WHEREAS, The Englewood Environmental Foundation was formed to relieve the burdens which would otherwise be assumed by the City of Englewood, Colorado, in connection with the environmental remediation, land use planning and preparation for redevelopment of the Cinderella City shopping center; and WHEREAS, the Englewood Env ironmental Foundation was formed to provide support for the redevelopment and enhancement of the City 's commercial environment and is a separate and distinct corporation; and WHEREAS, Englewood Environmental Foundation, Inc. has received a proposal from an architectural firm for the reuse of the vacant plaza retail space; and WHEREAS, the architectural firm will use approximately 6,000 square feet for their n eeds and the remainder will be developed as professional office suites that will be subleased; and WHEREAS, the Englewood Env ironmental Foundation, Inc . Property Review Committee has reviewed this proposal and recommended approval ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. The City C ouncil of the City of Englewood, Colorado, hereby supports the Englewood Env ironmental Foundation, Inc . sublease o f the vacant Plaza retail s pace located at the City C enter Englewood site . Section 2 . This resolution of s upport in no way waives or delegates the City's regul atory powers, duties and responsibilities with respect to zoning and governmental issues. ADOPTED AND APPROVED this 7th of August, 2006 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2006 . Loucrishia A . Ellis, City Clerk .. (, ----------------~---- COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2006 11 C iii South Broadway Englewood Business Improvement District -Board of Directors Initiated By: Staff Source: Community Dev elopment Department Darren Hollingsworth, Economic Development Coord i nator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On July 24, City Council voted to approve an emergency ordinance on first reading that would create the South Broadway Englewood Business Improvement District. Pending approval of this ordinance, which will be considered for second reading on August 7, 2006, Council is being asked to appoint the Board of Directors for the South Broad w ay Engle w ood Business Improv ement District. RECOMMENDED ACTION Staff recommends that City Council adopt a Resolution approving the slate o f Board of Directors for the South Broadway Englewood Business Improvement District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The South Broad w ay Engle w ood Business Improvement District (SBEBID) is a special assessment district designed to improv e the economic v itality and overall commercial appeal of the South Broadway c orridor in the City of Englewood. The SBEBID w ill provide programs to busines ses and commercial propertie s that w ill includ e: distri ct marketing, promotions, enhan c ed safety, and maintenan c e. The SBEBID will be managed by a Board of Directors, all of whom will be voting members and rate payers. One additional seat is reserved for an ex-officio member who is a representative of the City of Englewood. The board of the SBEBID will determine annual priorities and oversee the ongoing management of the SBEBID programs. The board will consist of a majority of real property owners and will represent the various geographic areas of the SBEBI D. The di rectors sha ll serve a three (3) year term. State Statutes require that City Co uncil appoint the Board of Directors for a Busi ness Improvement. The following slate for the Board of Directors was nominated by a nominating committee : Ted Vasilas -Ted 's Clothiers John C. Cook -Auto Dealer Lending Rick Reese -Dress for Less Clothiers Bob Laughlin -Acoustic Music Revival Bob Voth -Sir Speedy Printing Richard Weigang -The Catholic Store Brian Reid -Edward's Tobacco Shop, Inc. FINANCIAL IMPACT There are no increased financial impacts associated with this Resolution . LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2006 A RESOLUTION ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS . WHEREAS, the South Broadway Englewood Business Improvement District is a spec ial assessment district designed to improve the economic v itality and overall commercial appeal of the South Broadway corridor in the City of Englewood, Colorado to provide programs to businesses and commercial properties that will include district marketing, promotions, enhances safety and maintenance ; and WHEREAS , the South Broadway Englewood Business Improvement District (SBEBID) will be managed by a Board of Directors consisting of seven members , all of whom shall be voting members and South Broadway Englewood Business Improvement District voting members and rate payers ; and WHEREAS , one additional seat in addition to the seven (7) voting members shall be reserved for an ex-officio member who is a representative of the City of Englewood; and WHEREAS , the Board of Directors shall determine annual SBEBID priorities and oversee ongoing management of SBEBID programs; and WHEREAS , the Board of Directors shall consist of a majority of real property owners, shall be an equitable representation of geographic areas of the SBEBID and size and type of property and businesses ; and WHEREAS , a slate of Board of Directors nominees has been submitted by a nominating committee to the Englewood City Council for approval ; and WHEREAS , the passage of this Resolution shall establish the District Board of Directors for three year terms ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Sec ti on 1. The En gle wo od City council hereby appoints th e South Broadway E nglewood Business Improvement District Board of Directors as follows : Ted Vasilas -Ted 's Clothiers Jon C. Cook -Auto Dealing Lending Rick Reese -Dress for Less Clothiers Bob Laughlin -Acousti c M usic Revival Bob Voth -Sir Speedy Richard Weigang -The Catholic Store Bryan Reid -Edwards Tobacco Shop, Inc . - Section 2. The South Broadway Englewood Business Improvement District Board of Directors terms will be effective immediately for a period of three (3) years . Upon the expiration of the initial terms the Englewood City Counci l shall appoint persons to fill new terms and vacancies from a slate of nominees submitted to City Council by the District Board of Directors for three year terms. ADOPTED AND APPROVED this 7th of August, 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2006 . Loucrishia A . Ellis, City Clerk ( ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2006 11 C A Motion Appointing a Hearing Officer Initiated By: Staff Source: Human Resources Department Sue Eaton, Human Resources Director RECOMMENDED ACTION The staff recommends the Englewood City Council pass, by Motion, the appointment of a hearing officer for a disciplinary appeal filed by former Officer Joe Wilson. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administrative Policy Manual, Human Resources Policy No. 24, when a request for a hearing before a Hearing Officer in connection with a disciplinary appeal is filed with the City Clerk, the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. LIST OF ATTACHMENTS Resumes of Potential Hearing Officers ( C BENNE!T S. AJSENBEJ!.G REST.lME Law~ of1!ennc:: S •• ,ljscbc::g. P.C~ J:le::veo, C:tar2ac, 1980-pie:se:11: ?3:mc-, Ciarsuc~ JG:;is. Campbc:!l. Wai= smi OrcM::. ~. Calcnd.o. 19~! -1980 B.A. • .E::...-nci::ic:. 5rowu umv~rJ, 195~ ll..8 .• Haivm1 Llw School. 19!S · U.S •. A....~, 19~5 -!9Si Pr:sidc:rt, Srcwu Omve::m.y Club af ~..do, 1967 -l9i0 P:-::sii:enr. E:va.-dl.aw Sc=col Assr:ds::011 of C:io:"t~ 1984-1985 C-c::vc:. Co.i..l:!;::u!D. Ma•saci..u~ md .~.::m Ba A!so:faticns L-.m::-. Cclcr3do Tel !..l.~ .Assa:::mcn 19i3 -~c TriAi uwyc:, !or ?-.!b.lic Justic::. S~ Ciaizµ::a:m (Colmdc) founclil1i ~=. P....blic Justi= ?;,m:~arinn In~ Scr.:::y of 3ar-...szs c:_-tifr::lricn as a Cvil Tliai ~ ~acc::2lSomi arum~' 1984 • 1994 Ju.dit::31 ~tin; C-""tI::'Mssicn (De..""Ver) • Gubnamriai • .\pp rit1111 ~t. 1988 -1994 Ce::.ve: !a: AssO::..aricn • P:-:side:u 1991 • 1992: Tl1w::. 198:Z -LoSS, 1987 • 1990: R=:r=scative ~ :Scam ai Gcive:nms oi C:::Jcndo !u .~,r:',ricn, 19il • 1980: Cw.~cn. ~ CJ@ :in:=, 1975 -l9i'i; ~ Tm Fcrc: ta AsleS; !-.:pl Sysiem. 19~ • 1986 · wlcrad.o 'Sa:-i1..53~~tio.a. • C:!i..--;~ mc:noi'essiQiw Comrnin::. 19'il • 1980; Q.ar;:c:'SCn, . ..i~ nu;,u= Re:oiuiicn eornrnm:: 011 ~ t9i9 - 1980: :.:nic C::nm:im:::. 1986 • pr--=: Amic:is C:m:c C:mn:tDrm:, 1991 • 1994 Wt:"JC:=t', Tcr-. UniYc:tty of DCVC". SC!lo01 o(uw, 1961 • 1S63 Ins.:--.r..:r, lt::l Es= L:.w, univc:iry o{u,lc::radc Fm:isicu Sc."1col. 1960 • 1963 In.muc:ar. Nad.anal Insmurc rcr Tml Adwcacy, 19a., • 1990 Amc:i:mBaam afTrial ~ RESO'Mt OF RONALD J. COHEN 325 West 72nd Ave~ue enver, Colorado 80221 ( 303) 42 7-75S4 Qualifications: Juris Doctor Degree University of Denver June, 1968 Ad.mi tted by Colorado Supre!I1e Court October, 1968 Admitted by United states Dist=ict court October, 1968 Ad.mitted by United States Co~ of Appeals Marc!l, 1971 AdJni tted by United States Supr:!Ile Court March, 1972 General Legal Experience: Staff Attor:1ey Denver Legal Aid Soc i ety -1969 Associate Atto:r:1ey Berger, Rothstein & Gehler Att orneys at Law Commerce City, co -1970-1972 Partner Gehler & Ccb.e~ Attor::ieys at Law Commerce City, co . -1972-1982 Sole Practitioner Ronald Cohen , Attoniev a t La w Denver, co -1982 to present Municipal a.nd Go v ernmental Lagal E:xperienc~: Assistant County Attorney }..ca.~s County , co -1970-1972 Assistant City Attorney and Prosecuting Attorney commerce city, co -1970-1982 Prosecuting Attorney Northgle!lil, co -1970-1972 Assistant city Attorney and Prosecuting Attor:iey Brighton, co -l972-l9S2 City Attorney Lafayette, CO 1975-1990 Legal Advisor career Service Commission Connnerce City, co 1982 to present Hearing Officer Career Service Commerce City, co 1992 to present Judicial Experience: Presiding Judge ~ Northglenn, CO -1982 to present Presiding Judge Federal Heights, co -1982-1990 Presiding Judge commerce City, co -1987 to present Ac!ministrative Law Judge Ada.'!ls county, co -1988 to 199.4 Hearings: Rate: $100 per hour .. Contact American Arbitration Association 6795 N. Palm Avenue 2nd Floor Fresno, CA 93704 telephone: sn-528-0880 facsimile : 559-490-1919 Labor Panel John P . DiFalco, Esq. Current Employer-Title DiFalco Corporation -President; John P. DiFalco & Associates, P.C. -Owner Occupation Attorney, Arbitrator . E.xp~rience Ov.:r 32 years oicxperience as a civil trial lawyer specializing in govel':nnen~ ., •· :idm:i!ristrative, and business contract law inc!uding signific:mt e.,q::erince in the practice of arbitranon, mediation, and other forms of alternative dispute resolution. As a municipal attorney,· participatbi in the construct!.•~ ::nanagemc:nt r;:· major proiecr:. includin~ pc:rforming :!!ts c:nt:r; · senior c=nt:r; recreation facilitii:s; airoort improvi:ments; and wast~-ater, transportation, md watcl";\-ays. Familiar with di.,;put:s ~lacing to ciiifer.i!lg rite conditions; ciC'.:i ign defec~; :ha::lge ·· orders; rurety bonds; .:nd munici pal, state, and federal contract law. P osses ses consic.lerabl::: · govermnent e: ... -perience, including negotiations with federal and state govCTDmt'!llt agencies in connectiqn with the construction of public btrildings, wastewater and water·treatmcnt facilities, transit syst..-ms, and airports. Adjunct Profc:-.. scr of Law at R..:gis University in Denver, Colorado.·,.·: A..--bintm-since :t980. As panelist rQr :he Amt:.-fo:m Arbitration Assoc:ation and the Fedcr-..u , .. Mediation and Conciliation Se:-,ice, has engaged in the practice oflabor, commeT';iai, and · construction arbitration, mediation, and other alternative dispute :-esolution. Clients include numerous public and private entities throughout the nation. E.'tperic:nce in mediating or arbitrating cases involving arbitrability, contract interpretation, delays, design defects, product liability, remedies, and many other issues. Issues · Arbi trability, benefits, contract interpretation, discharge, discip line, discrimination, exremal ~aw, grievance procedure, j o b assignments, job ciassification, pay, seniority, subcontracting out, tenure issues (higher education), timeliness. Industries Entertainment, government (fe de:-al, stare and local), grocery, higher education, meat packing, mining, oil and gas, postal, pro fessi onal sports, p ublic utilities, retail, schools, steel, telephone, transportation . \Vo r k History President, Difalco Coq:iorarion, 1980-present; Owner, John P. Difalco & Associates, P .C., 1987-prese:it; City Attorney, City of Gr~ley, 1980-87; ChiefNegoriator/Labor Relations Attorney, City/County of Denver, 19i7-80: He:iring E.-uminer, U.S. Postal Service, 1972- i7; Attorney :ind Labor Relations Specialist, l 9i2-7i; Attorney, Real Estate and Procurement; Ciffleral Counsel, U.S . Postal Savice. John P. D1F I o. Esq. Education Ohio St.ate University (BA-1965 ; JD-1968); University ofNorthem Colorado (MA- 1986). Professional Associations American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Public Sector Labor Relations Committee; Arbitration Committee; Office Management Committ.."'C ); Industrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform · Association; Society for Professionals in Dispute Resolution. Professional Licenses Admitted to the Bar: Ohio, 1968 ; Co iorado, 1972; District of Columbia, 1987; U.S . District Co~ District of Colorado; U .S . Court of Appeals: Tenth and Federal (1986) Circuits; U.S . Supreme Cou..~. . . : .. ' .~ :?ublkatinns and Spe.aking Engagements "Tue New -Ethics Regu.lations-Ccmfusin~· ... e" .. :,· ami'Likely tc, Be Changed," POSTMASTER'S ADVOCATE; Mar::h .1991; "St.ixual IL"!"a.S~ent .. Revisited~" POSTMASTER'S ADVCC.A.TE, May/Jui~ 1989; "S~p~e Ccurt Pf!'rnlits Cffice . . Searches ·of Public Employ!!e::," PCSTMASTER'S ADVOCATE, Der.ember 1987; "Twenty Itnles · · for Effective Meaningfal Bargaining/' P'.)STM.ASTER.'S ADVOCATE, August 1~87; "Cbtldren as : Negotiate~: Is Theirs an A cquired er Inherited Trait?" POSTh!A.STE.K..'S .ADVOCATE, June 19&7; . . . "The Law and Policy on Sexual Harassment," NATIONAL LEAGUE OF CITIES, 1984; "Collective ·Bargaining," NEW ENGLAND MUNICIPALITIES~· 1'982 , r eprinted, NIMLO LAW DC./XET, ., 1983 , and WASHlNGTON ASSOCIATION OF ctn:ES, 1983 ; "Negotiation Impasse Pla::ming," OKLAHOMAMUNICll'ALITIES, 1981; "Municipal Strike Planning," COLORADO .-MUNICIPALITIES , 1980; SUPERVISOR'S GUIDE TO DISCIPLrnE, 1979, revised 1985; .. "Management Negotiators: A New Breed," NATION'S CITIES, May 1978; "Rights of Criminals Wbile Incarcerated," OHIO STATE UNIVERSITY LAW JOURNAL, 1978; DISCIPI.Th"E Ai'ID GRIEVANCE HANDLING, 1973, revised 1986. Alternative Dispute Resolution Training Basic AAA ~b i tratorTraining,Dc::iver, AAA A dvanc ed Arb itrator Trainmg, New Y ork. Compensation $800.00 Per Day PD chgd for each day of hearing, consideration of evidence, and prep of award_ Cancel fe:: wFm 14 days=l day for each sched day; $400/sched day if w/in 15-30 days prior t o the sc hed he:iring date. If postponed-rescheduled w/in14 day period and then w/drawn or settled, c ane . fee app lies. Docketing fee: $50.00. Lan g u ages Italian Citizenship United States of America Locale Fort Collins, CO John P. DiFal ·o, El q, l.J t,9 COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 7, 2 006 11 CV Safety Services Records Room Remodel Initiated By : Staff Source: Public Works Department Rick Kahm , Public Works Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approv ed an appropriation for interior remodeling of the Safety Se rv ic es Records Room in the 2006 Multi-Year Capital Plan (MYCP). RECOMMENDED ACTION The Public Works Department recommends Council approve, by Motion, a contract for the Safety Services Records Room Remodel project Staff recommends awarding the contract to the lowest technically acceptable bidder, IBEC Construction Company, in the amount of $55,584. Council is being asked to approve total estimated project costs of $70,399. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Records Room at the Safety Servi ces Complex se rv es as the buildings re c eption area and is the first point of contact for visitors requesting records or needing access to the fa c il ity. The area is original to th e c onstru c t io n of th e building in 1972 and is in need of updating. Staff de v elop ed a sc op e of work fo r th e proj ec t and requested fund ing durin g th e 200 5 bud ge t cycle. Th e serv ice s of Architec tur e 2000 were retaine d to prepa re c onstru ct io n drawin gs . Safety Services a nd Publi c Works st aff worked close ly with th e arch itec t to address both cosme t ic and op erational efficie ncies. Th e proj ect incl udes install at ion of a new aco ust ica l t il e ce il ing, up gra d ed energy efficien t lighting, new counter tops and cabinets, upgrades to the reception window, removal of the folding partition wall between the Records Room and the Training Room , and construction of a new insulated wa ll to reduce noise from the Training Room. Constru c tion will take pla ce off hours to minimize inconvenience to the public and staff. The project was ad ve rtised on the Ro c ky Mountain E-Purchasing Sys tem . This system is used to advertise for bids by 2 1 area governmental agencies . Sixty-one vendors pulled plans from the City 's website. Eleven companies attended the mandatory pre-bid conference. The City only recei ve d one bid. Possible reasons for receiving o nl y one bid include the requir ement to work at night and that all of the contractors ' employees are subject to security che c ks before entering the building. Staff has re viewed qualifica ti o ns and ch ecke d r f rences for IBEC Construction, and has ve rified the com pan y's capabili ties to complete this proje t. FINANCIAL IMPACT Detailed below are the costs associated with the project: IBEC Construction Company Design and Construction Administration (Architecture 2000) Phone and Computer wiring (Black Box) Contingency Total Estimated Project Costs $55,584.00 8,000.00 3 ,815 .00 3.000.00 $70,399.00 $70,516 is available for the project in the Capital Projects Fund. Potential future upgrades include carpet tiles ($5,800) and new furniture ($8,000). The architect's estimate for the construction portion of this project was $60,000. LIST OF ATTACHMENTS Bid Tabulation Sheet Contract · City of Englewood Bid Tabulation Sheet Bid Opening: July 20, 2006 10:00 a.m. ,....------------------. ' -=M BID: ITB-06-128 Records Room Remodel Addendum Pcards Vendor YIN YIN Total Bid Exceptions: Faith Enterprises, Inc Brian 303-572-8300 $ . NOBID 3809 Norwood Dr Unit 8 Littleton, CO 80125 Breiner Construction Co Alan 303-322-1260 $ . NOBID 1400 Oneida St Denver, CO 80210 Mountain State Constuction Corey 303· 790-1503 $ . NOBID 11211 E Arapahoe STE 100 Centennial CO 80112 Robinson & Company Vern 303-881-1169 $ . NOBID POBox515 Hutson, CO 80642 Williams Contract Building Greg 303-761-8095 Ii OS Huron $ . NOBID blglewood, CO 80110 GRO, Inc Tom 303-412-7647 $ . NOBID 2833 W 65th Pl Unit B Denver, CO 80221 SCS, Inc. Shawn 303-431-4429 $ . NOBID 4955 Miller St S-202 Wheat Ridge, CO 80033 Velocy Constructors Inc. David 303-984· 7800 $ . NOBID 9852 W Grlton Dr Lakewood, CO 80227 IBEC Construction Tracy 303-437-6092 y y $ 55,584.00 None Noted PO Box 306 Bid bond In form of a check Conifer, CO 80433 Nationwide Heating & Air David 303-232-3939 $ . NOBID 5520 W Virginia Ave Lakewood, CO 80226 , '-. $ . CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this_day of August, 2006 by and between the City of Englewood, a municipal corporation of the State of Colorado here after referred to as the "City", and IBEC Construction Company, P .O . Box 306, Conifer, CO 80433, here after referred to as the "Contractor". Sealed proposals were received for furnishing all labor, tools, supplies equipment, materials and everything necessary and required for the following: PROJECT: Safety Services Records Room Remodel WHEREAS, proposals pursuant to said advertisement have been received by the Director of Public Works or Authorized Representative with a recommendation that a contract for Safety Services Records Room Remodel be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to this recommendation the Contract has been awarded to the Contractor by the Director of Public Works or Authorized Representative and said Contractor is now willing and able to perform all of the work in accordance with the advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contractor, and mutual agreements contained in this contract, the parties agree to the following: Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be ref erred to either as the Contract Documents or the Contract between the parties and they are as fully a part of this agreement as if they were set out verbatim and in full. Invitation to Bid #ITB-06-128 General Information & Minimum Specifications Contract (th is instrument) Special Insurance Provisions Drawings A-1.0 , A -1.1 , E1 , and E 2 Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within thirty (30) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within t hirty (30) calendar days from the start date, plus such extension or extensions of time as may be granted by the Director of Public W orks in accordance with the provisions of the General Conditions. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract , and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal. Indemnification : The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Vendor or any other person or entity, for any purpose. The Vendor shall defend, indemnify and save harmless the City , its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims , in any way resulting from or arising out of this Agreement/contract: provided, however, that the Vendor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and employees. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished service, reports, material (s) prepared or furnished by the successful firm after the award shall, at the option of the City , become its property. If the award is terminated by the City as provided herein, the successful firm will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful firm , the clause relating to termination of the award for cause shall apply. Termination of Award for Cause: If , through any cause, the successful firm shall fail to fulfill in a timely and proper manner its obligations or if the successful firm shall violate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the successful firm of such termination and specifying the effective date of termination . In that event, all furnished or unfinished services , at the option of the City, become its property, and the successful firm shall be entitled to receive just, equitable compensation for any satisfactory work documents , prepared completed or materials as furnished. Notwithstand ing the above , the successful firm shall not be rel ieved of the liability to the City for damages sustained by the City by virtue of breach of the award by th e successfu l fi rm , and th e City may withhold any paym ents to th e successfu l fi rm for the purpose of set off until such time as the exact amount of damages due the City from the successful firm is determined. Appropriation of funds: Funds have been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by t he governi ng body or are otherwise unavailable for any reason in any following fiscal pe riod for which app ropriations were received wi t hout penalty or expense except as to those portions of the Agreement or other amounts for which funds have already been appropriated or are otherwise available . The City shall immediately notify Contractor or its assignee of such occurrence in the event of such termination . ( VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this Contract or (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5-102(2)(a)(I) & (II).) (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program" (authorized by P.L.204 of 1041h Congress and amended by P.L.156 of 1081h Congress) that Contractor does not employ any illegal aliens. And, if not accepted into the "basic pilot program" prior to entering into this Contract , Contractor further verifies , Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed, whichever is earlier. [CRS 8-17.5- 102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17.5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall ; (1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) Terminate the subcontract with the subcontractor if , within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (B).] (3) Exception: If the subcontractor provides information to establ ish that the subcontractor has not knowingly employed or contracted with a n illeg a l al ien an d t he subcontractor stops employing or contracting with the illegal alien. (e) Duty to Comply with State Investi gation : Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). [CR S 8-17.5-102(2)(b)(IV).) (f) Damages for Breach of Contract: The City may terminat e this contract for a breach of contract, in wh ole or in part, d ue to Contractor's breach of any section of this paragraph. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled t o for a breach of this Contract. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the , parties hereto, their heirs, executors, administrators, assigns and successors. IN WITNESS WHEREOF, the parties have caused this contract to be signed personally or by their duly authorized officers or agents attested. This Contract is executed In three (3) counterparts. CITY OF ENGLEWOOD IBEC Construction Company By: _________ _ By: _________ _ Director of Public Works (Please Print) Or Authorized Representative Signature ATTEST: Title Loucrishia A. Ellis, City Clerk ATTEST: (As to Corporation) By: _______ _ Secretary ( SPECIAL PROVISIONS INSURANCE A. Insurance Limits: The Contractor shall carry throughout the life of the contract the insurance listed below: Under Section B Public Liability Property Damage Under Section C Public Liability Property Damage Minimum Limits $1,000,000 $1,000,000 Minimum Limits $1,000,000 $1,000,000 B. Public Liability and Property Damage lnsuran'ce : The Contractor shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective Liability and Property Damage Insurance. Such insurance shall provide limits not less than those called for in these Special Provisions. C. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the life of the contract , Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the contract: (I) Contractor's own automobil e and trucks. (2 ) Hired automobiles and trucks. (3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. - D. Workers Compensation: The Contractor and his sub-contractors shall comply with the Workers Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers Compensation claims arising from performance of the work under the contract. Workers Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. E. Liability: The Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, in any way resulting from or arising out of the operation in connection herewith , including operations of subcontractors and acts or omissions of employees or agents of the Contractor or his sub-contractors. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at his own cost and expense , any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to: With an additional copy sent to: Purchasing Division City of Englewood 2800 So. Platte River Dr . Englewood , CO 80110 Management of Risk Adm inistrator: City of Englewood 1000 Englewood Parkway Englewood, CO 80 110 ( PROSPECTIVE CONTRACTOR'S CERTIFICATE REGARDING EMPLOYING OR CONTRACTING WITH AN ILLEGAL ALIEN FROM: IBEC Construction Company (Prospective Contractor, TO: CITY OF ENGLEWOOD c/o Purchasing and Contracts Manager 2800 S Platte River Dr Englewood, Colorado 8011 O Project Name Safety Services Records Room Remodel Bid Number: ITB-06-128 (If applicable) Project No.---------- As a prospective contractor for the above-identified bid, I (we) do hereby certify that, as of the date of this certification, I (we) do not knowingly employ or contract with an illegal alien and that I (we) have participated in or attempted to participate in the "basic pilot program" of the Department of Homeland Security in order to verify that I (we) do not employ any illegal aliens. Executed this ______ day of----------' 2006. Prospective Contractor ___________ _ By: _____________ _ Its : _______________ _ Title (Insert the Individual, Corporate or Partnership Certificate as appropriate) PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: AUGUST 7, 2006 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC NAME ADDRESS TOPIC 1. 2. 3. 4. 5 . COUNCIL · Roll call Members : Tomasso / Moore v Barrentine v Oakley V Mccaslin ,,,/' Woodward V and rJ Mayor Wolosyn ~ --/--present absent ~moved µ- ling woflung not AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, August 7, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Engle w ood Parkway Englewood, CO 80110 1. Call to order. ?:ll/ ~ 2. Invocation. ~ 3. Pledge of Allegiance. 4. 5. Consideration of Minutes of Pre vious Session. ~J-{) Minutes from the Regular City Council meeting of July 24, 2006.~ 6 . Rec~Scheduled Public Comment. (Please limit your presentation to ten minutes.) .. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment ma y be limited to 45 minutes and if limited shall be • • f 'fb ~d t Gen>ral ~scussio~,.,;; t:IM C!A-,tJ / IJ /:£ {![) f:.e.4{_ 8. Communica 10(6 o la~s, and Appointme s. ----.... »-~ 9,,~gendaltems 1A /.--, / ~~ =r-9e,,/ apJ a. App~rdinances on First Reading. b. Approval of Ordinances on Second Reading . Council Bill No. 30 , au.thorizing participation in the Single Family Mortgage Bond Program wi th ou t assigning any 2006 Pri vate Activity Bond (PAB) cap allocation. wood Englewood City Council Agenda August 7, 2006 Page 2 ii. Co uncil Bill No. 33 , authorizing assignment of Engle w ood 's 2006 Private Activity Bo nd Cap allocation to the Colorado Housing and Finance Authority for home ownership programs . c. Resolutions and Motions. ~2li. Recommendation from the Finance and Administrative Services Department to adopt a Resolution approving a supplemental appropriation to the 2006 budget for funds recei v ed from the Utility Line Educational Tree Planting Project Grant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. 10. Public Hearing Items. (No Public Hearing Scheduled .) ~ 11. Ordinances, Reso lutions and Motions. a. Approv al of Ordinances on First Reading. ~~ ,Y?-~,f] ~1) Council Bill No. 24 -Recommendation from the Public Works Department to ' . aaopt a Bill for an Ordinance to enter into an agreement with the South Suburban Par~ Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design , easement acquisition, and construction related to the Big Dry Creek Trail between Leho~ / ~.,...,.. A v enue and Broadway. STAFF SOURCE: Rick Kahm, Director of Public Wor"b,1) I/ l~aJU. b. Approval of Ordinances on Second Reading. (fld Jb_ '77" i. Council Bill No. 28, approving a Property Lease Agreement with the Sherida ~ (' ~j Redevelop~ Age~cy ~rtaining to the redevelopment of the Englewood Golf up, 7oourse. o~~ r Ll-=_Ej_ ii. Council Bill No. 29, an emergency ordinance creating the South Broadway /r'\ j::µ-p_ Englewood Bu si ness Improveme nt District (BID ) pursuant to Colorado Revised U I --;:;;-J ?-O State Statu t es§ 31-25 Part 12. ~ favf11' "' iii. Council Bill No. 31, approving a Construction Agreement with the South Suburban /n J ~ Parks and Recreation District to cons t ruct trail improvements for bicycl ists and U ( I{; _ _:.0:::.-P'---:--pedestrians along the South Platte River. ~ ~7-1) Pl ea Englewood City Council Agenda August 7, 2006 Page 3 c. ',5~1u~ and Motions. 1 ft;, 'A //J / ~ecommendation from the Community De velopment Department to adopt a ~ Resolution establishing a new line of credit with WestStar Bank for $750,000 to n /'L---iupport the acti vities of the Housing Rehabilitation Enterprise Fund and to approv e • {, ~ City Manager or designee to negotiate three additional one-year periods that I not increase the amount of the line o~d~. ~TA~f_lOURCE: Janet immett, Housing Finance Specialist. (// ~ ~A 1'f ~Wmendation from the Englewood Enviro mental Foundation , Inc., to adopt a Cf f I Resolution supporting leasing the vacant plaz retail space located at CityCenter Englewood. STAFF SOURCE: Robe Simp on, Director of Englewood vironmental Foundation . • (1j,_.ecommendation from the Community Development Department to adopt a /J. r;':f"/~esolution approving the slate of Board of Directors for the South Broadway ::P-~lewood Business Improv ement District. STAFF SOURCE: Darren -ZJq7; llingsworth, Economic Development Director. - n _dv. Recommendation from the Human Resources Department to appoint, by Motion, ru a hearing officer for a disciplinary appeal filed by former Officer Joe Wils~. 6' _ STAFF SOURCE: Sue Eaton, Director ~urces. ~..;J; ~ J f)f}q ~commendation from the Public Works Department to approve, by Motion, a / ~jO contract for the Safety Services Records Room remodel project. Statr' • ...,-71 recommends awarding the contract to the lowest technically acceptable bidder, /-U IBEC Construction Company, in the amount of $55, 584 and total estimated project costs of $70,399 . STAFF SOURCE: Rick Kah~rks. 1 2. Gen eral Dis c ussion. a. Mayor's Ch o ic e. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report\ U \~ / ~ a. Public Service Company Electric Quality of Service Monitoring and Repor ting Plan for Pff 41{)°07 and 2008. IAJtu/ Plea not : If ou have a disability and n ed uxiliary aids or rvices , please notify the City of Englewood (3 03 -7 62 -2 407) at I a t 48 hour in advance of when ervice are needed . TI1ank you . Englewood City Council Agenda August 7, 2006 Page 4 1 5. Adjournment. The following minutes were transmitted to City Council in July 2006. • Alliance for Commerce in , Englewood minutes of April 13 and May 18, 2006. • Cultural Arts Commission minutes of June 7, 2006. • Liquor Licensing Authority Telephone Polls of June 21 and July 5, 2006. • Parks and Recreation Commission minutes of June 8, 2006. • Public Library Board minutes of June 13, 2906. • Transportation Advisory Committee minutes of June 8, 2006. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session ~1 Call to Order 11 r August 7, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p.m . l~ 2 . Invocation The invocation was given by Council Member Barrentine . \d1 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . l l r 4 · Roll Call Presen t: Absen t: A quorum was present. Council Members Tomasso , Moore, Barrentine , Oakley , Mccaslin , Woodward , Wolosyn None Also present: City Manager Sears ./ City Attorney Brotzman / Deputy City Manager Flaherty / City Clerk Ell is./ Deputy C ity Clerk Bush / / D irector Olson , Safety Serv ices / ./ D irector Gryglewicz, Finance and Adm inistrat ive Serv ices V D irector Kahm , Publ ic Worksv .Oi,e~terlz1 de , Util ities ~L-L. ~e-co~ D irector Simpson , Community Developmenti.-- D irecto r Eaton , Human Resources v Hous ing Finan ce Specia l ist Grimmett, Community Development / ./' Econ o mic Develo pment Holl ing sworth, C o mmunity Deve lop ment v v"°.o':1~e:z, Safety ~ervices JI-ti~ SA.,Adtz.,. l\. __ ld r, .... y., Fire ~Safety Services ffl\V""'\ \V Consi deration of M in utes of Pr evi ou s Sessi on /\.i\A 11 r. '"J ,, d (a) COUNCIL MEMBE&~~ AND IT WAS ~g&+t AP~E THE MINUTES 5 . OF TH E REGULAR CITY COUNCIL MEETING OF JULY 24 , 2006 . Mayor Wolosyn asked if there was any discussion . There was none . Vot e res ult s: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley None 6 . Recognition of Scheduled Public Comment Englewood City Council August 7, 2006 Page 2 There were no scheduled visitors . \ 51, 7. Recognition of Unscheduled Public Comment 0A-'N 'BIILM~~ .Ibece wece oo 1o1Rset:leet:1lee vi&it~. l ~ )' 8 . Communications, Proclamations and Appointments There were no communications , proclamation or appointments . \ cq I s. Consent Agenda (a) Approval of Ordinances on First Reading L/ff O s Jasoy} There were no additi~~~~j:~;~~~rted for approval on firs!-r~d~ 0 Age~em 11.) COUNCIL MEMBER~OVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9(b)(~~and9(c)(~ 7...-0 ~ (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. _, SERIES OF 2006 (COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER , COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD, COLORADO AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . (ii) ORDINANCE NO. _, SERIES OF 2006 (COUNCIL BILL NO . 33 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY, A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. (c) Resolutions and Motions (i) RESOLUTION NO ._, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET-OPEN SPACE FUND FOR THE UTILITY LINE EDUCATIONAL TREE PLANTING PROJECT GRANT. Vote results : Motion carri ed . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None er\ 10 . Public Hearing Items Englewood City Council August 7, 2006 Page 3 No public hearing was scheduled before Counc il. Ordinances , Resolution and Motions (a) Approval of Ordinances on First Reading !J). '1 (i) Director Kahm presented a recommendat ion from the Public Works Departmen t to aaopt a bill for an ordinance to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local match ing funds related to the des ign , easement acquisition , and construction related to t he Big Dry Creek Trail between Lehow Avenue and Broadway. COUNCIL MEMBERW..OO~D IT WAS SE;/;RD~PR~AGENDA ITEM 11 (a) (i) - COUNCIL BILL NO. 24. COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK T~IL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION . Vote results : Ayes : Counci l Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried . • ~c.ot~c..k-, ~ fh W~ ~6l\.o ~../fu.ll-1,k/i.LJ / (ii) ~eter FeAea presented a'recommendation from the Utilities Department to adopt a 1:>e,,p-f , '1 \';) bill for an ordinance authorizing an IGA with Colorado Water Conservation Board for an Emergency Agreement 'Y for replacement of a 16" water main at Dartmouth and South Platte River . 'ZJ r5 COUNCIL MEMBERW~D IT WAS SECONdid~vE AGENDA ITEM 11 (a) (ii) - ~ COUNCILBILLN0.34. t 'O~p COUNCIL BILL NO . 34 , INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORD INANC E AUTHORIZING AN IN T ERGOVERNMENTAL AGRE EMENT ENTITLED "E ME RG E NCY ACCESS AGREE M ENT CI TY OF ENGLEWO OD W ATE R PIP ELIN E REPAIR JULY 28 , 2006", RELATED TO THE REPAIR OF A BROKEN WATER PIPELINE BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES , COLORADO WATER CONSERVATION BOARD . Vote res ult s: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, W olosyn, Woodw ard , Tomasso, Oakley Nays : None (b) Approval of Ordinances on Second Read ing (i) Council Bill No . 28, approving a Property Lease Agreement with the Sheridan Redevelopment Agency pertaining to the redevelopment of the Englewood Go; :o~se was considered . couNCIL MEMBER\D~AND 1r WAS SECONDE~v eA°'of'NDA ITE M 11 (b) (I) - ORDINANCE NO ._, SERIES OF 2008 . 1 -0 ~ Englewood City Council August 7, 2006 Page 4 ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 28 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A PROPERTY LEASE PERTAINING TO THE REDEVELOPMENT OF THE ENGLEWOOD GOLF COURSE. Vote results: Motion carried . Ayes : Counc il Members Barrent ine , Mccasl in , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None q)'\p (ii) Council Bill No . 29 , an emergency ordinance creating the South Broadway Englewood Business Improvement District (BID) pursuant to Colorado Revised State Statutes§ 31-25 Part 12 was considered . zJ .(J,1,,cOUNCIL MEMBER\D~AND IT WAS SECONDED, Tw~~ENDA ITEM 11 (b) (ii) -11 (1,¥)..J/) 't1 ORDINANCE NO. _, SERIES OF 2006. ')-v --r I ORDINANCE NO ._, SERIES OF 2006 COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY. Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodwa rd, Tomasso , Oakley Nays : None 1 L5 (iii ) Counc il Bill No . 31 , approving a Construct ion Agreemen t with the South Suburba n L\ '-\ Parks and Recreat ion District to construct tra il improvements for bicycl ists and pedest ri ans along the So uth Platte River was considered . 11 A A uJ A COUNCIL MEMBER WO~o,'fND IT WAS SECONDED1~~ AGENDA ITEM 11 (b) (iii)· J:~\) ORDINANCE NO._, SERIES OF 2006. I r-0 rLf p ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 31 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDI NANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION AGREE MENT REGARDI NG CO NSTRUCTION OF THE TRAIL EXPANSION AND BUFFER PROJECT RELATE D TO T HE MA RY CARTE R G REE NW AY TRAIL BETWEE N T HE CITY OF ENGLEWOOD , COLO RADO AND T HE SOUTH SUBURBAN PA RKS DISTRICT . Vote results: Mot ion carried . (c) Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Resolut ions and Motions Englewood City Council August 7, 2006 Page 5 (i) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a Resolution establishing a new line of credit with WestStar Bank for $750,000 to support the activities of the Housing Rehabilitation Enterprise Fund and to approve the City Manager or designee to negotiate three additional one-year periods that will not increase the amount of the line of credit. _ 1 OJ e,~ IA'-4 '" \3 COUNCIL MEMBER\()~ AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) - \II RESOLUTION NO._, SERIES OF 2006. '7--Q a.pp RESOLUTION NO ._, SERIES OF 2006 A RESOLUTION Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None ee.f 1>1~-roie-. (ii) Director Simpson presented a recommendation from the Englewood Environmental Foundation , Inc ., to adopt a resolution supporting leasing the vacant plaza retail spac7e located at CityCenter · ks Englewood. ~(pD0 SQ f7 -SflfliG£. ,:J-1!-C-1-1 . l'<k-7/tL / lb lt.tN c¥ tl11J1liM_ --D P14N\ COUNCIL MEMBERV_~_uvp: D, AND IT WAS SEcdN'd~PPROVE AGENDA ITEM 11 (c) (ii) - RESOLUTION NO._, SERIES OF 2006. 7--0~ p RESOLUTION NO._, SERIES OF 2006 A RESOLUTION Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None (iii) Economic Development Hollingsworth presented a recommendation from the Community Development Department to adopt a resolution approving the slate of Board of Directors for the South Broadway Englewood Business Improvement District. 2,,,.) COUNCIL MEMBERl6 ~ND IT WAS s~. TO APP OVE AGENDA ITEM 11 (c) (iii) -• RESOLUTION NO ._, SERIES OF 2006. 1'" eJ... \ja_s i. (AS ~ RESOLUTION NO ._, SERIES OF 2006 1 /() tE:-· ~ A RESOLUTION Vote results : Ayes : Nays : Motion carried . (}ff ~b ~w~~ Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley None ".l. (iv) Director Eaton presented a recommendation from the Human Resources Department to ii~ appoint, by Motion , a hearing officer for a disciplinary appeal filed by former Officer Joe Wilson . \ \1 Englewood City Council August 7, 2006 1 _ Page 6 ~ II'--' COUNCIL MEMBER_ MOVED, AND IT ;~ED, TO APPOINT ~J {jJ ~ARING OFFICER FOR A DISCIPLINARY APPEAL FILED BY FORMER OFFICER JOE WILSON. Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (v) Director Kahm presented a recommendation from the Public Works Department to approve, by Motion, a contract for the Safety Services Records Room remodel project. Staff recommends awarding the contract to the lowest resppnsible bidder, IBEC Construction Company, in the amount of $55,584 .00. ~ ~ Z.OO<t> "'7'( ~ COUNCIL MEMBERW~ AND IT WAS sEco'1'B~'i,p~ AGENDA ITEM 11 (-Z(v9. ~ ~ CONTRACT WITH IBEC CONSTRUCTION COMPANY, FOR THE SAFETY SERVICES RECORDS ROOM REMODEL PROJECT, IN THE AMOUNT OF $55, 584.00. ~ /J Oi 3 CJ Cj , () 0 -fr:mL/ Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None 12. General Discussion (a) Mayor's Choice Mayor Wolosyn did not have any matters to bring before Council. (a) and 2008 . City Attorney Brotzman .... Electrlc Quality of Service Monitoring and Reporting Plan for 2007 Englewood City Council August 7, 2006 Page7 (\ 15 . Adjournment <::f : 7,7-- \\JJ C-5 MAYOR WOLOSYN MOVED TO ADJOURN. The meet;ng adjourned at _O __ p .m . City Clerk I