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Home My WebLink About1997-05-19 (Regular) Meeting AgendaORDINANCE I . ,. ·, - <. REGULAR CITY COUNCIL M££TING MAY 19, 1997 )',,J~ /. ,/. /. 4r. I & .~ .... 42, 43 RESOLUTION I 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 • .. 0 • • • , . • '· ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO May 19, 1"7 I . Call te ONer Tbc rqalar mcctiDg of the Englewood City Council -called to order by Mayor Bums aa 7 :S3 p.m. 2. Tbc ilMx:llioe -giw:11 by Council Member Wiggins. 3. Tbc Pled(le of Allegiancc -led by Mayor Bums. 4. ...c .. Preacnt : Council Members Clapp. Wigim. Habeaicbt. Waggoner, Bums Abacnl: Council Member Vonaiaag A quorum -praent .. Also praen1: City Ma-., Clark City Aaoney Bnllman City Cledt Ellis Mayor Bums noted dull Council Member Vormiaag is Olll of IOWII OIi City business. He advised tbal Mr. Vmmittag is aaending a llhappiq cealel" ClOIMIIUOII in La Veps and he will be joined by Olbcr people from the City in the next day or two. ICledt 's note: Tbc Dilb'ict I Coucil ..a bas bee11 vaca1 due to die secall of Couci1 Member Halhaway by a -.,rity ofdle YGte al the la-, 14, 1997 Recall Elcaion. Al die Vacucy E1ec1ioa bdd May 13 , 1997, A1U1 Nabllolz -elected to fill the Y.-:Y-1 S. ~ (a) COUNCIL MEMaER WIGGINS MOVED. AND ff WAS SECONDED, TO APPROVE no: MINUTIS or THE UGUIAll ManNG Of MAY 5, 1"7. Ayes : Council Members WilPM, Hallalidll, Wagoaer, Clapp, Bums Nays : Nolle Abaeal : C.ouacil Mamer Vonaiaa& Motion carried. 6 . (a) TOIII Wii.., Eaglcwood Scllool to Cana Pnlpaa c-diaator, llaled lie waMed to preaea1 a brief' pidure of the Eeglewaod Scllool to Cana......... He __.1111! .... tine )'Clll'I ago many --throughoul the lllllion -cmccned ... die lack of~ of ,-a people I .. • • Eactewood City Couac:11 May 19, 1997 Patel •, <. 0 I• • who are enlering the labor force . As pan of their concern, they lobbied Congress and both Houses came together to pass the School lo Work Act of 1993 . He explained that as pan of that ii was funded and stales were allowed to write their own implementation grants for this proposal. Colorado, he advised, received S2S million to extend over a five year period and we in Englewood came together with a consortium of businesses. agencies and educational institutions to form the partnership that we call the Englewood School to Career Partnership. Mr. Wilson, said in order to give Council an idea of the magnitude of some of the partners who have participated with this. be wanted to name of few of them: Denver Oplions. Columbia Swedish Medical Center, Inter Faith Tak Force, Junior Achievement, Department of Rehabilitation. U.S. Wat Communications, Norgrai, Kaiser Permanente, Rocky Mountain News, Colorado Army National Guard, Bank One and Norwat Bank. He said this is just to name a few of the partncrs that are worting with us on this initiative. Mr. Wilson opined that ii is important to undenland tbal this is 11111 a program, thal what they are Uying to create within the consortium is a mindlel. pervasive altitude, tbal ,oil don't jusl t.each academic theoiy in the schools. He pointed out then: has to be -applic:alion tbal goes along with thal. He said that, as pan of this, they have come up with a mission statemcnt for their partnership. Mr. Wilson read the mission statement. "The Englewood PanneBhip, through collaboration of community, business, agencies and education, will provide all ,olllh an environment, opportunities and experienc:es. 10 integrate school based and work based learning. which will result in a IUCCCllful school to career transition and prq,aration for an ever changing global markecplacc." He explained thal School to Career is designed to address students from the age of five through hially-. all thc way through college. They are Uying to do that through five focused areas. Tbe rua of these areas is school bascd learning. He DOlcd they want to align thc curriculum within our scbool l)'llem. so tbal the lludents understand thc rela&ionship bdween what they are learning. 10 the real wor1d of work. when they finally transition out of school . He llaled they also want 10 offer a business presence in the classroom so that lillldents get authentic information during the theoiy ponion of their learning and connection to the fact that it is translated into business. The sccond focus is work based learning. He said they feel that classroom tbeoiy only goes so far in preparing kids for the real world. They want them lo have authentic experiences within the real work plac,c . He explained that as pan of that they are designing pathways for audents lo get experiences through mentonhips. internships. shadow programs and employment with the various business partners with which they have connections within the partnership. The third area. be nolcd. is guidance and counscling. They believe that at all levels audents need direction 10 help them find thc appropriale pathways to get to the career areas that they are seeking. So, they are preparing effective career guidance from kinderprten through twelfth grade within our school l)'llem. He poinlcd out thal -.ny c:lOUllldors are very IIIOd al dealing with the P5)'Cho-tocial illUCS and thc lchcduling i-of lllldeals. HcMever, be DOied. theR are very few people trained in career COll•Dlding and they feel this is u IIIU'ibule 1h11 all of thc couwlon -a ia order to effectively ICn'C thc audcnls tbal they are ailill& to be -ting with. Mr. Wilma advied 111111 thc next focus of their partnership is connecting activities. ~ 1h11 our IIUdenlS. once they pt iDIO high school, are Ible 10 a>IUICCI to the appn,priale pallnways tl!II FIS them inro the training. tl!II prqiara them for the career tbal they are focusing on. He COIIID!Cl!led 11111 they do 11111 believe in putting kids in bo,ces at an carty age and Sll)ing. okay. ,o11 are ailing to be a 6-, ,oil are Fing to be a lCl!ool lCacher ud you are ailing to be an deClrician and so forth . He said all they WU!l to do is give kids informalion . So thal they can make effcclivc decisions and. when they are finally ready to llalllition, thal we are Ible 10 connect them 10 the appropriale pa1hways tbal move ll!em in the din,c1ion they are ll!ppOlcd to go. Mr . Wilson aated they believe all lllldenlS. no maner who they are. n:,quire -degrce of cducalion beyond high school . He DOied they have been a bit indl'cctive in 1--they have dealt with thal in the pal. Like many school diaricll. he said. 80 out of eveiy 100 kids that enter niDlh grade graduate from high school . Out of that 80% we are sending <i0-!.10 70% 10 college. Mr. Wilson poinlcd OUI thal if ,o11 lhink about the fact that only 24"• of those kids ever graduate from college. we are DOI sure that is money well spent He aated that after the year 2000, only 20% of the jobs. that are ailing to be available in the market place, are going to require a baa:alaureate degrce. The rest. be DOlcd. are ailing to n:,quire -degrce ol lCchaical training. lea than a four year degree and these are high lkillcid, high paying jobl. So be said, they want 10 ' I I· __ .---------:------;· • En&lewood City CCNIIICII May 19, 1997 Paael • • .... examine that, they want to make kids aware of the fact that there are other pathways they might want to pursue. He noted that is still a decision on the family, though, to decide which direction the student needs to go . He explained that when they began this initiative a year ago, with the planning process. they looked to several focus groups to examine their undcntanding and their buy-in to the initiative that they were proposing. He ldviled that they looked at businesses. teachers, students, city bucd organizations. One group, he noted. IOClllcd more rctiecnt than othcn about having an initiative like this in the community and that wu teachers. So, he said,• put of that, one of the first emphasis they have been making is to provide teachers with some orientation into what the real world is like beyond the classroom. Mr. Wilson commented that if you think about tcacbing. that llllllt teachers Ft OUI of high IChool, Ft a bachelon ~ and • teaching cndenlial and then they go into the claaruom. He staled that they don't know whll indulby or the daily~ wortd is like. So they crealcd opportunities for the teachers through a CODCCpl they have entitled Employability Institute. TIiey take poup1 of up to 20 tcacbcrs, divide them into tasa of five or six ud ship them OUI to a businca for half a day. Following the business visit, the tacben are in _...... the remainder of the day, to inleplte the koowlodF that they learned from thclc visill. Mr. WU-said that what they have found after doing tllRlc institutes is that teachers really didn't undenland the ~ that are placed on their graduates when they go into the wortd of work. Now, he notod. tbeR is a puund sweU among the teachers of~ abaul the fact that WC need to tach every IIUdcnl kc)4,oanling. That work ethic is a critical ~ that is really not taught So, he notod, al ID early qe they are going to start focusing OIi this. He said he would paniaalarly like to call to Cauacil 's lllelllion the participation in this dbt on the put of tllRlc City employees. First of all, he advilcd, Alt Scihclli ha been on their Mering commiUec, bas provided 10111C pat lcadl:nhip and some c,onoc,c;tion to City activities. Randie Bart11kxm bas bolled one of their Employability Institutes and bas doac a mandous job with some tcacben. And thinly, he notod, Hank Long has recendy joined their COIIIOftium. So, he said, they are very anxious to~ this effol1 and they approciatc the coopcnlion of the City. Mayor Bums rec:allcd that DIil too long qD the theme al the high ICbool WU that every lblclcDt should be prepared to go to CIOllcp. He aoted that it IOUllds lillc they have challlOd that a•idenillly. Mr. WU- said that he bclicws that that is true. He pointed out that tlley are DIil aying that they kids who don't go to collcF need anything lea than the type of education that the CIOllcp lblclcDts do. Mr. Wilal ICatcd that they still hold them to the -llalldards that the district bas for • ..---dipkma and they would tJy to CIIIUR that all ....... MW illiper onler madl ud ICieace ad...., ud writing lkills, bccaUlc tlae are aecded ia all lMWl of........ He 00-I 11 ~ -if'c-:il .. ewr ..... the oppo111111ity to vilit a IIIIC of die Ml _... aaec:llallic • 11P, aclt • Ralpll Sdlalllp ~ who is oae of their paltWI. tlley WIIIIIII be_.. at died Ii-ofdle C1M1 die.._..., that ii .......... die .... of•••daa ... --...... by .. .,. -·-ia onler todo tlleir job . Cauacil Mcaller Halaliclll .... tllll * • ....... willl Mr. Wllaaa, aewral aeelings witll - manufeclwill& ca 'I)• -.._. dlnlllp die City ad All Sci1IClli ad our mic ncigllllcnood ..._ ...... SIie ..... Mr. Willaa if'• ls ..tilll Mii willl what tllcy are doing. Mr . Wilul advilDd tllll ii Is, tllll lillc aay odlCI' orpeizatioe tllcy MW ID be ...... IIIGlll the coacept and they bave to be.,_ die INltlaa liac. He aid tllcy MW ID 11111 diem CN1 wllal tlleir ldf i-.. would be in bciaa UMJhed ia tllis. He .... M die ldf iW tllcy .... fDr die DIIPNlflc:luriq COIIUIIUDity is a bcacr pnparcd. -ealily ICllCllilllc Wlllldanlc. • ii qaliftcd to do die job ia tlleir factories . He said it is amazilll llow far tllcy MW to ID to recnit ...... llelp. CGaci1 Member Habenicht med how far they bave to ID· Mr. WU-ad¥iled • tllcy MW to ID• fir• die Pacific Rim in -UIIIIDclel. Mayor Burns commented that It llllllldl Hu qililc a......-. He...._. Mr. WU... ca llellalrof Council, for coming by to cxplaia this pnlllaa ad .... tllcy laal ...... ID -CDa1ac11 willl llim ia the future . • . .. • • Enckwood City Council May 19, 1997 Pa,ic 4 7. N-llleduled Viliton • • • (a) Dr. Robert Ohlson. 175-4 West County Linc Road. Littleton. noted he provided each Council member with a cum:nt map of the progress of the Highlands Ranch Boulevard. He said he is here tonight in an interval, as they may recall, between the valuation hearings and court procedures which will be ongoing. He explained that the point of his attending the meeting tonight is that he was inspired to walk the new Highlands Ranch Boulevard and IIOliald it is an outslanding and beautiful boulevard. He opined that it is going to be a real advantage to the community and the city at large. As he recalled. Council said in 1996 that Highlands Ranch Boulevard. and each improvement, will greatly enhance Englewood's property across from Mcldlan Reservoir. And, he said. according to a 1lfK study, Englewood parcels~ ewlwd into one of Denver's prcmicrc mail oommercial real estate markets . Dr. Ohlson cxmunentcd that in this QOlllbuctioo period it has been IIOliald that this valuation. and the values you ~ placed on this. probably make these parcels. at this time, worth somewhere in the neighborhood of SI O a square foot. perhaps half a million dollan in an acre of this ground. He stated it will be very difficult in the future for Council to anticipate an aesthetic gift of this ground. But. he noted, in studying further they will nocia: almost a mile from the east it begins with a parcel of marshy ground that now belongs to South Suburban Parts. and progressing west the next large parcel of ground coming into view on the right side of the map, belongs to the City of Englewood. Everything north of the Highlinc Canal then becomes a very attractive regional park. Dr. Ohlson stated the point of participation then includes the owners of the Plum Valley Subdivision and the next owner is the City of Englewood. In this thought, he said. it would seem to him to be the appropriate time to try to get this group of people and metropolitan dislricts togelher in order to a,opcnle in a resolution that would bring together a park plan and a very generous donation by the City of Englewood to this park. He COllllllCllled that he would hope that Council will appreciate the beauty of this road that they arc developing and that you will be able to preserve from approximaldy three football fields. about 900 yards. south of the Highline Canal. He DOied the view begins to be very OlllSlanding of OYCr Mcldlan Reservoir and the park-like view on the south side of the raervoir. plus the .a1Crll and Dliewbal IIOl1bcm portion of the city and looking directly at Longs Pealt. Dr. Ohlson opined that it is a truly OUlllallding opportunity to develop what is an extremdy valuable piece of property and allow future generations to appreciate it as an outstanding regional park of almosl a mile in length from east to west. (b) Marjorie FilZgClald. 4124 South Jason Stru:t. 51ated she has been a resident for almost thirty years and she moved here jUll wllen Cillden:lla City --.S. She COIIIIIICIIICd that she has a few things she would like to remind Council of and -,.....icws. Nllalbcr one. she DOied. traffic on Hampden has always been a prublem and ii .-ltl -111 lier 11111 tlley .-Id MIii to cut that down if they oould . She said they have such a WOllderful opportunity to do a lal ror the City righl now . Nol only in changing this traffic flow possibly. but in impn,viag the City. SIie COIIIIIICIIICd tlla& she k-Council has been working awfully hard the last hWO years as she has been reading the Herald and she knows what all tlley have been doing. She said she is glad tllat tlley have DOI rushed into this decision . Ms . Fitzgerald suggested they put the big box. whether it ~ be Target, Wal-Mart or K-Mart. over at the General Iron Worlls site. as near Dartmouth • pollible . She said she thought there were about two blocks of houses that would separate it. Her suggatioll for that, she swed. ~ be then Santa Fe and Broadway would both have access to Dartmouth and you oould ~ one way tralfac going through those streets. She said possibly there could be four streets. but at least there oould be two. and maybe you oould have four or maybe you could alternate them so lllolc people wouldn ·1 ~ traffic all the time. She opined that the people who are going to come on the lighl rail. which we arc fortunate to have. arc DOI going to be shopping at a Wal-Mart or a K-Mart where they arc going to carry a lot of things, they have to come in cars. Ms . Fitzgerald said that she thinks we ~ too much parking lal right now , that it would be nice if they can cut that clown . She stated she is also suggaling that we sbould have a goal for a five year plan and a goal for a ten year plan . She said her suggestion is that the City Hall and Libra,y are in an old ' .... - • . I· • Ea&lewood City Council May 19, 1997 PqeS • • building and we arc probably going to be talking about moving them just as 1111111 as Cinderella City is finished, if we don't talk about it now . Ms. Fitzgerald said she would like IO see the Library go into the Foley's building and if it is too big put the City Hall in their too . But, she noced, that would be, to her, a temporary thing. The City Hall sbould go to the other side of Hampden near the Safety Services center and that could probably be a ten year plan. And she stated, the five year plan would be to put City Hall where you have IO or wait for five years and then move City Hall . And. she said, her sugestion for the area where the City Hall ud Library arc now is to put two strip malls back to back. One facing the Bank One and one f'acing the PIiar Mor c:cntcr, with enough space between for the deliveries. Ms. Fit.zgcrald opined that that would make nice strip malls. She noted she is not ayingju&t what to do with Cinderdla City except she would like to ICIC die Library in that Foley's building. She commented that she is not oppnml 10 a llllllll lllcller, 11111 Ille does 8111 dliJlk a lafF tbealcr would be good. She opined that with any kind al dlealer • have Mare FUtl 10 MW a bad elanenl coming from Ille l'Clll of the City into that light rail llabOII, wllida M 1111111 10 CD8lnJI. SIie aid if Ille thealer ..-C -11er ii would be better controlled. She DOied M would have 10 MW -police officers dleR ud naybe more polk:ie officlCn u these people would come in ud brMcll GIii ialo-, City. She opined that there will be people who will oome for Ille purpolCS cl rollbery and other things ud she thinks that we could control it better. Ms. Fitzgerald DOied that -abcllll all Ille waled ID lell COIIIICil, but that she wanted to tell them they arc doing a good job ud lbe would like 10 ICIC -art oa a five or a ten year goal. She noted when there is an election that might be an inl:enlM for people to ra:lcct Council and if whoever goes in next likes that goal, if it is a good goal, they will like it and will try to cany oa. 8 . (a) A pn,clamalion declaring the week mMay 18 through 24, 1997 u Emergency Medical Services Week -coasidcred . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF MAY 11 THROUGH 24, 1"7 AS EMERGENCY MEDICAL SERVICES WEEK. Ayes: Council Members Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None Ablcnt: Council Member Vormittag Motion carried. Mayor Bums prclClltcd die pmcla-ioa to Fire Medic Andy Fox. (i) Mayor e.r. llllied die City Oest ID rad die -al the ncwly-dec:ted C ity Couc:il Member . Au Nlllllnlz -_ __, • Dillric:l I Cily c.-il Maalicr and she -dlea SWClf1I in by Ille Hoaorablc Louis Pllki-. E..-cl Mullicipll c-t Juqe . (ii) COUIICil Member Nabholz -aealed in her temporary scat. after which the City Clcrt called the roll , witll Ille lollowing raults: Present: Ablcnt : A quorum -prclCDl. (iii) exists . Council Members Nabbolz. Clapp, Wiggins, Habenicht, Waggoner, Bums Couc:il Member Vormittag Mayor Bums said he would like to keep the lelling arran,emcnt • it currcady .. • --...----------------· • • • Ea&tewood City Caulldl May 19, 1997 Pa,:e6 (iv) Council Member Nabholz introduced family mcmbcn and guests. (v) Council adjourned at 8 :20 p.m. for a brief reception, reconvening at 8 :49 p.m. with six council mcmbcn present and one absent • Council Member Vonninag. Mayor Bums congratulated Council Member Nabholz and welcomed her to the Council. He noted it was a pleasure to meet her family and friends. 9. l'llltlic Buri•& No public bearing was lChcduled befon: Council. 10. c;_.A ... (a) Approval of Ordinances on First Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS ti (a) (i), (ii), (iii), (Iv) ud (v) ON FIRST READING. (i) COUNCIL BILL NO . 49 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AtmfORIZING AN INTERGOVERNMENTAL AGREEMENT ENTlll.ED MUTILITY PROTECTION AGREEMENT' PERTAINING TO MODIFtCATIONS FOR 11fE SOU1HWEST CORRIDOR LIGHT RAIL PROJECT, BETWEEN 11fE REGIONAL TRANSPORTATION DISTRICT (RTD) AND 11fE CITY OF ENGLEWOOD. COLORADO. (ii) COUNClL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER WAGGONER A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 13 I TO THE SOIJlllGA TE SANITATION DISTRICT CONNECTOR 'S AGREEMENT WITH 11fE CITY OF ENGLEWOOD , COLORADO FOR 11IE INCLUSION OF LAND Wl11IIN 11fE DISTIUCT BOUNDARIES . (iii) COUNClL Bll.L NO. 34, INTRODUCED BY COUNClL MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND SOU1ll ENGLEWOOD SANITATION DISTRICT NO. I FOR MAINTENANCE OF SEWER LINES OF 11IE DISTRICT LOCATED WITHIN 111E CITY OF ENGLEWOOD BOUNDARIES . (iv) COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AtmfORIZING AN OIL AND GAS SURFACE OWNERS AGREEMENT WITH UNION PACIFtC LAND RESOURCES CORPORATION . AND EASEMENT. RIGHT OF WAY. SURFACE USE AGREEMENT WITH HS RESOURCES AND A t..ETraR AGREEMENT WITH HS RESOURCES . • . I· , -----::-----,--------~- • • '· ,...__. City c-11 May 19, 1"7 ... 7 (v) COUNCIL BILL NO . 48, INlllODUCED BY COUNCIL MEMBER WAGGONER A BD...L FOR AN ORDINANCE AMENDING 11IE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD AND JOQ CORP . (b) Ayes: Couac:il Mclllben Nabllalz.. Wigia. Habellic:hl, Wagoner, Clapp, .... Nays: Nolle Maeat: c.-:il Mealla' Vonaiaal COUNCO. MUOUl IIAKNICIIT IIUIOVU AGENaA ITDI 19 (II) (I) ftOM THE CONSENT AGENDA. COUNCO. IIDlaER WAGGONU MOVED, ANa lTWAS SECONND, TO Al'PllOVE CONSENT AGENDA ITEMS II (II) (II). (Iii) aN (IY)-ORDINANCES ON SECOND READING. (ii) ORDINANCE NO. 33. SERIES OF 1997 (a>UNCIL BD...L NO. 33 , INlllODUCED BY COUNCIL MEMBERS HABENlarf/WIOGINS) AN ORDINANCE ESTABUSIDNG A TEMPORARY SUSPENSION Oil MORATORIUM ON 11IE ISSUANCE OF PERMITS AND 11IE GRMmNG OF UCENSES FOR 11IE PROPERTY LOCATED BETWEEN YALE ON 11IE NOll'lll. DELAWARE ON 11IE EAST, SANl'A FE ON 11IE WEST AND DARTMOU111 ON 11IE SOlTIH. FOR A PERIOD OF EIGKI' MONlllS. (iii) ORDINANCE NO. 34, SBRIBS OF 1997 (a>UNCIL 80.L NO. 31, INnODUCED BY CX>UNCIL MEMBER WIGGINS) AN ORDINANCE CREATING PA VINO DIS11UCT NO. 31, IN 11IE CITY OF ENGLEWOOD. COLORADO; ORDERING 11IE CONS11lUCTION AND INSTALLATION OF S11tEET PA VINO, CURB, GlnTl!R, SIDEWALK. AND S10ltM DIWNACE IMPIIOVDENl'S. T<XE11ER Wffll NECESSARY INCIDENTALS; AND SE'JTING POltTH O'l1ll!ll DETAILS IN CONNECTION Wffll 11IE DISTIUCT. (iv) ORDINANCE NO. 35, Sl!Rll!S OF 1997 (a>UNCIL 80.L NO. 39. INnODUCED BY CX>UNCIL Ml!MBEll WIOGINS) AN ORDINANCE AMENDING 1T1'LE 5, alAPTER 3C. Sl!CTION 3, OF 11IE ENOLEWOOD MUNICIPAL CODE 1915 WHJat PERTAINS TO POSSESSION OF INTOXICA11NG LIQUOR IN PUBLIC. Nays: Mlaeal : ComK:il Meaben Nallllolz. Wi--. Habeaic111. w....,_, Clipp, .... Nolle c-il Mealla' Voraillaa • I • . -- ... (,,) I\) X o ii 'l'li 111~11 J!(fi 1·'1!!1'f 'llf ;iJf!9 ft•; 1r l!l'il llff 9 1·r J,11 !i!l r i11r 'l1~ll 1 1J!! ;;· ,i ti =· a,I . f1-l ..:l ( a 11 fl ·s1 •111 I ~1'1 J,1sa.J fl:f liJ(l~~f1s ~r ~!rl . '!( }i ~=.1-•t•l'r l1r~ : •~Js1 I=· j f i I 1.1 a. t If I 1 I l f : =.1 I I Is fl i 11 ',; 11 i f I , .. 1 s i 1 f J 5 =· =· f f . • ;;.JI a. . . i I i 11 l ~, !lll it!,1,1 !Ii! !;11!• Ji.f· ,Jri,,r~~, ;! a·i;&· I ,·a J.~ ~-~ir }".1:!l !91r t1 ti f' -l-1 11 ii'' ~~111) Jil' '1~!1J~ 1,11i l!1irtisll1 . ~ • i i 1 r • I 1 , I J a. • r ( l.. 5 I f •. •· t •. t I . ~l 1J!1 J1:J;; J·~J i if(~ 1 !)1 f1;ll1flt . ~t Ii!! fftttt Jf11 l1i[ll 1 1!1! l1r11Ji•il If (f1! t'l11r1 tf,'i 11 11!} ~J9I f1J1f1 1~,1~, ti I d1 • JU .J r u. n. J 'fl -:'. ,J' t i t11 t'11! ;1111! t,rt JJII1! ·111 .. 119 1·r·1llrirr · . ,1 1a, .. ,11 .. a..,,a. ;. • "II' ~ li[l J1,1I 11:1 'tJfi! 1 • ii'!t; 'i • "'l:f ,~ .... !l !9 i ,, I . 7 ·:.. f' • Eaat-ood City C1111ac:II May 19, 1997 ··~' • • t• • Council Member Waggoner said he feels there arc probably a couple of things that would address that. He referred Council to their discussion scvcral years ago, when they were looking for another method for replacing concrclc. He noccd they said they had • couple years to go and all the concrete in Englewood would be brought up to a saandanl. And that is when they would hopefully change and provide a different method . Mr. Waggoner pointed out that wc have finished those two years and now everything should be up to Slandard . Now if somebody opts out, and during the interim their concrete goes bad, there is no -why they should DOI have to bring it up to standard and there is no rcuon. even if you call it a penalty, why they should DOI have to go back to the beginning of the prognun. in order to buy into the program, bcanalc ii is so rcuonablc. He opined that they should have to do that. In another for instance, he said, if somebody were to move into the City, buy a home and the previous owner had opted out, they arc going to ncgotiale who is going to have to rcplacc the: CIOIICl'Cte . Probably. he DIiied. it is going to be the: ICllcr, if the: guy is pretty sharp. Then they either don 'I oomc into the: program or they still ope out. But, he said, iflhey do come into the: program. as Mayor Burns said. they arc paying very little. They should have to go back and pay from the: bcgiMing so that is their inauanc,c. He noted that it 9CCIIIS fair to him. Council Member Clapp staled that she docs DOI think tile amount that somebody pays is the issue. She opined that anytime you arc going backward and having to make up back payments then that is a penalty. Mayor Bums said that he looks at it as the insurance for the next repair in the future, that it is not really a penalty. He commented that you arc building your account, so to speak. so that the utility itself docs the repair the next time it is clone. City Attorney Brotzman said to remember that when you arc bringing your concrete up to Slandard that you arc probably not going to be replacing all of the concrc1e in front of your house. He DOied you arc probably going to have to rcplacc one and there arc going to be others there. So. he said, when you arc catching up, you arc basically doing the Christmas fund for those other slabs that arc still in front of your house . Mayor Burns commented that he thought Director Esterly pointed that out at the last meeting. Council Member Habenicht stated she docs not really have a problem if somebody has DOI been in the program. that then they want to come in the program and they havc to lllllkc it up for all the years that they haven 'I. She noccd that she is also CXIIICCfflcd that wc don't have some sort of guarantee, that when somebody bas their property repaired by the: program. that they don't havc to continue for a c::cnain number of years. Because. she said. she is COIXlffllcd about people gelling their property repaired and then dropping OUl oftbc: program and then wc arc going to cad up with no program for the: last few people, lilie a pyramid IChcmc. She staled 111c is CIIIIClCfflcd about that. Thole arc the two pieces. she DOied. tbM slle is_. about. Also, she said, slle clocsn 'I think WC will havc people willy nilly changing ownership all the: time anti tbM you would have to make SUR it was a bona fide real CllalC tnnsaction. But, 111c DOied. it jusl clocsn 't lCICIII right to have somebody come in new and be obliplcd in the: back. Whether it is lllltlldhing negotiated at the point of sale or IIOI . Council Member Habcaichl explained that thole arc the two i1cms, that when citizcal qtlCllioa her about them. she cannot answer those questions. She said she cannot answer that question and she cannot aaswcr the qtlCllioa of what happens if you arc number one. and 1500,000 worth of concrdc is done anti all thole people say okay I IUD not going to be pan of the: utility U)'IIIOIC. BccaUlc all of a IUddell they havc goacn their concrete for nothing. maybe not even the fint S2S. and they have dnJppcd out. She opined that wc have nothing to protect those who an: at the end, who have the beacr concrdc righl -or who jusl had their concrete redone . Ms. Habenicht rcitcnted that thole arc the two questions she cannot answer anti that is why she is feeling uncomfonable. Mayor Bums said he thought Dim:tor Ellerly lddn:ad the: idea tbM )'OU Fl it •red and then drop out. City Attorney Brownan explained thal ic is jusl lilie opliag OUl • die bcgiluliag. tbM this is IUppOIC to be for the lifctitnc of your COIICl'Cle . Pan of the il•r•ncc on dlil apia, lie staled. is jull lilie Director ' ..... • . ... I· • Ea&tewood City Council May 19, 1997 Paa,e 10 • • - Eslerly commented. that concrete doesn't all go bad in front of your house all at once. This insurance, or Christmas Club account you are setting up, is for all of your concrete and that is a much longer proocss and it goes bad, not all together, but in separate pieces. Council Member Wiggins noted if people have convenants within the area in which they buy, and their convenants require a oenain amount of maintenance payments, and if they become delinquent on those and they sell, that is negotiated in the selling real estate agreement. Say the convenants say you owe S2000 in back payments on these and you can't sell the house until you bring it up to standard and then you are going to have to continue to pay on. He asked City Attorney Brotzman if that is standard operating procedure in real estate. Mr. Bromnan said yes . Council Member Wiggins pointed out that you buy what you buy. If you buy it and you don't like the fact that you have to pay back two years, the S200 or $400 that they haven't paid, then you don't buy the house, move on. Council Member Habenicht said that answers the one qUCllion, but it doesn't answer the other, in terms of people dropping out after they have had their concn:te repaired. Mayor Burns said he thinks the point again is that it is not all repaired at once. Ms. Habenicht said okay . City Manager Clark noted that the language: in Section 12-8-11 (A), which is the section he felt Council Member Habenicht was referring to, Slates that ~eligible property owners shall be allowed to defer payment of fees until transfer of ownership to another person. All back fees. plus interest at a rate determined by Council resolution shall become due and payable with transfer of ownership." Mr. Clark asked City Attorney Brotzman if. under that Council resolution. that responsibility could go back on the seller and if so. what type of notif1C81ion proc:css would be necessary to put sellers on notice. City Attorney Bromnan Slated that since we record this document as part of 12-8-12. the title company should pick that up. He pointed out that. if you don't do due diligence when you purchase a house, you are not going to find some of the errors in the title. so you may miss that. But. he advised. the theory is that this will show up on any title policy you purchase when you are buying a house. This will pop up and it should be negotiated at closing. City Manager Clark offered the example of if he were to build a new house and he has all new concrete. He decides to opt out of the program, because he has new concrete in front of the house and he keeps the house for IO or IS years. Then. be noted, under this provision. since he opted out. he would be responsible for all the back fees, for those IO or IS years. City Attorney Bromnan stated that is comet or you negotiate that at the time of closing. If you don't want to pick that up and if you can make the argument II the closing that the concrete is really good and you don't really have to participate in that program, you won't have to do that . Mr. Bromnan stated it is a llllltCI' of negotiation at that point between the buyer and seller. Council Member Habenicht noted II that point you also have to bring the concrete up to City Slandards. She Slated that is where she is questiomng that it is a double jeopardy kind of thing. She commeated that she is probably using the word inappropriately. When you llaJt doing the S2S. you are in esaence swting from the point where everyone is on equal footing. One or the other scems fair, she stated. but both doesn 't. She opined that it doesn't scem fair that they have to bring it up to City standard at that particular time and pay the back thing to continue in it. Ms . Habenicht insisted that it does not seem fair that they have to do both. Council Member Waggoner noted that that is later on though. after it has already been in operation. Yes. Ms . Habenicht said, it doesn't seem fair. Up front. Mr. Waggoner Slated, you don 't have to do that. you either opt in or you opt out . So. he noted, if you llaJt your payments from that date. you are buying a kind of insurance and you are helping fund all the concrete replacement for that year and for years to come in the City. Council Member Waggoner further explained that if somdlody opts out, even though his concrete may be all right today and be opted out. IOllldime in the future his concrete is going to go bad . At that time he is ll)ing to have to bring that concrete up 10 Slandard. because he let it go and he didn't buy this insurance. he opted not to. So he still has to buy his ' ..... ., I· --------------------i• • Englewood City C1N1ncil May 19, 1997 Page 11 ·, • t• - concrete and then in order to rover all of the concrete that has to be replaced he has gOl to buy back into the program al the same ra&e he would have paid. Mayor Burns noted he doesn't have to do that, they are not forced to pay both. they CUI pay just the concrete and stop. they do not have to join the program. Council Member Waggoner agrml and nOled he CUI fix his concrete and quit, just stay out of it. Council Member Wiggins said Ms. Habcnichl's example is the one that wants to join the program and has to bring it up to standards and he nOlcd you might find somebody that wants 10 do that. So, Council Member Habenicht said, what if the seller is some unscrupulous. awful person who says they arc IIC\'CT going to pay anything and he has ten years worth. 1bcn, Council Member Wiggins nOled, the buyer beware. Ms. Habenicht said oby the buyer beware says oby you arc going to have to pay me up to that and the buyer says okay I will pay you up to that and I will give you S22S . 11lcn next year the City comes by and says all right you have to bring this up to standard and pay for it. But he says no, I belong to this, because I paid for it at the lime of the thing. And we say no. you might have paid up and that might have been part or your deal and it son of warted against you. but now you have to do bOlh . Ms. Habenicht reiterated her fc:cling that ii doesn't seem right. Council Member Waggoner explained that al the time they join, or opt in again, they have to pay for it al that time, they can 'I wail another year and then decide they want ii fixed . Council Member Clapp said, what she is having a problem with, is that she docs not know of any insurance plan that operates like that. She nOled that if she goes out IOIIIOllTOW. shopping for automobile insurance, if she has a huge dent in her door, they exclude ii. they don't rover it. She said she can buy into the program, but they won't cover that dent . Ms. Clapp said shouldn 't the concrete program be the same . She stated we could say okay we will go ahead and take you from this day forward, but you have two blocks that are in pretty bad shape. we arc not oovcring those, you fix them and then you arc covered from this day forward. City Allorncy Brotzman explained that if you have health insurance and you opt into health insurance a year later, you arc older and your insurance rates arc higher because you just opted in. He pointed out that our ra&es arc the same. that ii is based on square foOlage. But, he noted. if you arc buying life insurance at 30 your rates arc much lower than at 3S . So. he staled. what this is saying is we arc going to charge you the same rate no matter what. but we arc going to make you catch up as if you were paying since you WCR 30 . So. Council Member Habcnic:hl said. if you do that to calcb up then the new owner docsn '1 have to pay for new a,ncrae. City AUorncy Bnllzman said no. you llill have to do bOlh pans. Council Member Waggoner noted lhal iflhc paymenlS arc up 10 dale al the lime lhal you buy , you don ·1 have to do anything. Mayor Buras coml!ICMCd lhal if two years lalcr you have pniblcms you won 'I need 10 do anything, bccaulc )'Oii aR ill die pnipam and Ille program will repair lhc concrete. Council Member W..-, DIiied if lie ii paid baclt IO Ille begillning you call pl ii done . Bui. he poinled out. if at lhc time of ale you apled 11111. you wiU have IO decide no wiU pay 10 bring ii up 10 llalldanl ad who is going 10 pay the back dlup cm die QIIICfflC lllility. 111M is done aa lhc time of llllc. lhal a1 lhc lime or ale if the buyer says I MIii lllll coacn:IC up 10 IIUdanl and aauning there isa '1 any 1hal has 10 be fixed. 1he guy says I wan! you to pay lhe back ulility ., lhal I cu be in the program. He pays the back utility and if three yean down the road bis COIICl'dC fails. then lhc City is going to fix ii. He is nOl going to have to bring it up, becaUlc in Ille ale agn,emenl he has already paid lhe back COIi . Mayor Bums opined that. u you lhink thruugh it. ii is basically fair. Council Member Wagoner commcnlcd thal the only thing you bring up lhaa probably isn't fair. bul it will be funher down the road, is if mmebody gcilS their concrete fixed and Ibey decide they arc way ahead or lhc pme and they opt out. then the guy who still owns lha1 when Ille COIICl'dC IOCS bad has go1 to pay to bring ii up 10 standard. And. be poi111cd GUI. they have 10 pay from the lime he opted OUI. up 10 lllal poilll. to pl baclt illlo the Ulilily . 111M. he nolod, is whaa they arc DOI going 10 ICC and lhal is when it is ' .. ,; •· , • • En&tewood City Council May 19, 1997 Paaoe12 0 I • • going to hurt. But again, Mayor Burns said. they can repair and not join the program. Council Member Waggoner said that is right. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (II) 0). ORDINANCE NO. 36, SERIES OF 1997 (COUNCIL BILL NO . 14, INTRODUCED BY COUNCIL MEMBERS VORMITI AG/HABENICHT) AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND FOR 1HE CITY OF ENGLEWOOD, COWRADO. 1HE PURPOSE OF llilS ORDINANCE IS TO PROTECT 11IE PUBLIC HEAL TII. SAFETY AND WELFARE AND TO COMPLY W111f ALL APPLICABLE FEDERAL AND STATE LAWS WHICH REGULATE 1HE CONCRETE UTILITY BY CREATING IN Tl1l.E 12, A NEW CHAPTER 8 • CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND . Vote realts: Ayes : Nays : Council Members Nabholz. Wiggins, Habenicht, Waggoner, Burns Council Member Clapp Absent : Council Member Vormittag Motion carried. (C) Resolutions and Motions There were no resolutions or motions submiucd for approval . 11 . Replar Aaeed• (a) Approval ofOrclinanccs on Finl Reading (i) Cily Manqer Clark prclCllled a RICOIIIIIICllda from the Cily Manager's Office to adopt a bill for an ordinanoe audlorizing a Pn,peny Tnnsfcr Ap,emeal belwcen Cindennak Associales and the Cily al Englewood for the Cilldeldla City lite. He adviad dlal Council reviewed this al SCudy Scllion ia. wcdl . He noted Ille.,__ aad all cxliibils. elllCqlC for oac:. ha\'e been included in Council's i-:kel. Mr . C1art ltalcd tllal it -clecidDd ._ die l.v i-tie5 IO delete the Envi---.1 Slandanll exllibit -tllal will be ....... tell .,.. al Ille appnwal al Ibis agreement by both parties. In addilioa. he IIIMIDII.-ia1 Cllale ~. Miu Miller. ii available tonight in case Council has additiollal ~ widl rcpnl to tllis .,._.. City Maa8Fr C1art ltalcd they arc recommending Council approve this CNI fil'II rcadiag and tllea they will briag it beck CNI second reading al their next meeting in June . Council Member Waggoner q111e11ioncd when we will sign the agreement. if it will be after the second reading or 30 days after it 1181 beea published . Cily Attomey 8nJlzman ltalcd thal Mayor Bums may actually sign it earlier. but it becomes effective 30 days after it is published . Mr. Waggoner asked when Cindennak Associates has 10 sign it. Mr . Brouman advilcd that that is n:ally up to Council and Cindennak . Council Member Waggoner asked if Council should not spc:cify the time lapse, belwcen the time Council approves it and signs it. that Cindenuk has to approve it and sign it . Mayor Bums said we could. that he presumes the negotiations arc far enoup along where that is DOI a problem . Council Member Habenicht CIOIIIIIIClllcd that Ci1y Attorney Broczman has told Council in the put that he tries 10 bring them everything that has been signed ahead al Ii-. before he .wld 8* Council to sign it. Cily Attorney Brotzman said that is comet. Ms . Habenicht said that maybe that DCICdl to be the case before ' I· • .. • (. I' 9ilw_. City C.lldl May 1,, 1,,, .... ll dais is appnMld cm lleCODd aadiDg. 11111 it be liped by diem. City Aaaraey Brmman ldviled if Ibey -.Id lib to do 11111. 11111 it is our -.I practicc. Council Member Waggoner llaled 11111 _.. lib a IDCld deal. Council Member Habenicbl and Ma)'Or Bums agreed. Ms. Habeaidll llked iflllll Im lO be. mocioll. City AUorncy BR!IZlllall adviled 11111 if Council .,._. it OIi Im radiDg • it is, without uy modiftc:ltioDI, Ibey will DIil briDa it back Clll leCOlld radiDg until it is liped. The City Clerk -llked to rad Council Bill No. 52 by tide: COUNCIL BILL NO. 52. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AtrrHallZING A PROPERTY TRANSFER AGREEMEHT BETWEEN CINDl!RMAK ASSOCIATES AND 11IE CITY OF ENGLEWOOD, COLORADO. COUNCIL MDDat WAGGOND MOVED, AND ff WAS Sl'CONDltD, TO APPROVI' AGENDA ffltM 11 (a) (I) • COUJIICO. IIILL NO. 52. Ayes: Council Members Nabbolz, Wiggins. Habenicht. Waggoner, Clapp, Bins Nays: Nolle Ablenl: Council Member Vormilllg Council Member w...,_. aid lie w.-d to c:llrify 11111 du will ao1 come back to Council for leCOlld radiDg !ail it ........... by Ciaderallt. City Aacney ~ IIIICd dllll is ClOl'NCt (b) Appn,val fl<>nli-. • Secolld Rcadiag (i) COUNCIL MUl8lta WAGGONU MOVED, AND IT WAS SSCONND. 10 All'IIOV& AG&NaA rrDIS II (') (I) ON SECOND IIKAINNG. ORDINANCE NO. 37, SERIES OF 1'97 (COUNCIL BILL NO. 35, INTIIODUCED BY COUNCIL MEtfflPR WAGOOIB) AN ORDINANCE APl'IIOVING 11E SALE ON 11IE <RN MARKET OF FIVE IWJfl!a11ES. WHIC1I WBaE DEVl!lal!D POil 11E "IIUILD" PIIOIECI' . ...,. .............. 11e ........... ~.--a.-i1 ........ AllldlarilJ • ... .._._IIUILD ............. lie....._•• w--a6e ..... Alldlority . Motion carried. Ayes: Nays : Aa..: Alllllia : C4Wil ...... NIIIIIDlz. w--. JIiii il:111. w...--. a..., Nolle C4Wil Member Vonaitlac Mlyol-Bans (ii) COUNCIL MDaU WIGGINS MOYD, AN9 ff WAS acoNND, TO Al'PaOVlt AGl'NDA 11'1'111 II (') (I) ON acoND DAMNG. ORDINANCE NO. 31. SERIES OF 1997 (COUNCIL BILL NO. 41, OO'RODUCED BY <X>UNC1L MEMBER WIOOINS) • -----------------------------···-~------------------------------~ • h&leweod City Ct11111c:il May 19, 1"7 •••• • • AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTION 2, OF nlE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO POLICE omcER PERMANENT DISABILITY BENEFITS . Ayes : Nays : Absent: Mouon carried. Council Members Nabholz, Wiggins, Habenicht, Waggoner, Clapp, Bums None Council Member Vonnittag (c) Resolutions and Motions There were no resolutions or motions submitted for approval . (a) Mayor's Choice I. Mayor Burns welcomed Ann Nabholz as the new member of Council. He said it was a pleasure to have her on Council. 2. Mayor Bums noccd that on Tuesday be bad the good fortune of appearing at the White House pursuant to an Envirorunenlal Protection. EPA. Brownfield Award to the City of Englewood for $200,000 to help remcdiate contaminated industrial sites. He advised staff applied for the award and be thought the process began in January . He llated that Neighborhood Community Coonlillllor Malt Graham did an excellent job in applying for this. Mayor Bums noccd we have al111 applied for a designation known as a Showcase City. and be understands there are only IS or thole in the a,unt,y. and it is a special benefit you can get for being in this program . He noccd tbal only 34 receiwd the grant that we Rlceiwd and this is for a revolving lvnd that we are going to establisli in the City . Mayor Bums advised tba& the applic:alioo initially targeted the General ln,n Worts site and that thele applic:llions are to propolC a plan for remediation of eaviroamental cliffiadties. There are thousands of tbele sites all over the QOUDtry, be pointed out. wbeR you have a c:1«-1 plan& wllere private illdulby does DOI want to take the rilk to by to clean it up and clefflCIP it. Mayor Bans a1111mentcd tbal be met a number of Mayon on bis trip from sma11er comamities t11111iawc bca ~ i,,, doled p1anas and 1c111 m hundreds of jobs. So this. be said. is an illlpOIUlal pn,paa b die admillittnlion and he felt it is a nial fadls ia die cap for Englewood and this c:ould be a very imponanl pnllJ'8III . He noted we ha\lC 23 EPA idenufied Brownfield sites in the City -· He llaled it -a nial llonor to be al the White House for this prmnlllion. And. be COIDIDCllted we hope to follow it up i,,, being a Showcase City . He said he appreciates the illdul.-,e of Council , sending him theR. Mayor Bums DOied be-lllfl)' he wasn'I here for the Citizen of the Year Rec:opition. He aid be llas known Jim and Jeanie Taylor for a long time and he wu nially sony be llad to miss it. He thukod Mayor Pro Tem Habenicht for taking over II the Stady Sellion and disawing the Qllderella City COlllnlcl. Mayor Bums llalcd it wu a ~ to be II the White House and be wu very proud to repraent the City of Englewood . He opined we trill nialix biger ud bcaer thinp rn. tllis applicalion as time IIICI on. •· 0 • ... (,,) ~ X o ~'tJI'~ 1~ i~ 1~ ~1111~ ~ 1~ ~ a=g Jl~ ,~ 1:1 f(l · •: ~ f ll1f· i 1· l~z · , ~~l :•s _·tlf J•i ·1• llr fsJiJlr if i=,if H_ =~~ IJ• 1f il I ~ ' • f I 'I . l I' I i I Iii I t I I f I l 5 ! I I I c1· f ~ i ··'11 t ;t ! -~ i 11.·1· l g ii. i ~Jf!ill l~ lt s i JB·l r 'I I t 1 · ·att i :ti 1 ----~ ; l I! Ill 11· I fr i' l 19 i ·-~ls t I B. 1 • .. ~ 8 E t]. · t = l r, r r I ti i l f I Irr 111 i i t: l i h ~ · r l i ;Jlii!I ii I fj ff flJ11i Ir II! iii Ii Jf ii I Ji~Jrfl Ii I •1 I ti( f i I I} J Ill ip lls ~! I SJI t t f! .. 1 I ,. r I (I C!i z5 l ~r !,t}J l ~I :~ I sfttl · s 8 }IJ i: ~~ f ffl :J -i, . 11 • 111 1 , I~ I~! I~ l 11 ls t f ; I . I f • IJ 1 • ; . ! 8 r ! I ,i(~;Ji I Ji ! t11l1I ;1 f !! II I rr· HJ i , • I :,iu u t u u 1 1111·!1 1' [ t · ![:t• I' r ~ i!. 1 ::I · IJ . f r ftl t -f. ~ :I .. , • r I . ~ •...... . . Eallewood City CCNancil May 19, 1997 Pqe16 '· • I • • ... just fun IO be a part of it and she said she knows Mayor Bums sorely missed that . Mayor Bums agreed that he really did and would have loved IO have been there. 3. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, FOR COUNCIL TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING TO DISCUSS PERSONNEL ISSUES. Motion carried. Ayes: Council Members Nabholz, Wiggins, Habenicht, Waggoner. Clapp, Bums Nays: None Abaeot: Council Member Vormittag ... Ms. Habcnichl noted Council had -OOIICenl about Stand By Pcnoancl and they IOok a vote that indicalCld tbal there -lllll any action taken. But, she noted, lhcrc were citiD:ns a111mned about whether or IIOl they wen: a,ntinuing in business. She asked how that was raolved. City Manager Clart advised that we have clone daily inspections and he said he bdic\'Cld wc did issue a summons. He asked City Attorney Brotzman if lhcrc have been any summons issued since then. Mr. Brotzman said no just one. Mr. Clart said wc have them on video camera picking up peoplc there at the site and wc cldamincd that they wen: still doing business. He noted he has not hcanl anything further and he thought they were in compliance. City Attorney Brotzman Slated that it is his understanding that they an: in oomplianoc and the attorney has been in and wc will be having discussions with the prosecutor's office regarding the one day that they were open in violation. S. She commented that while wc were without a council member in Dislrict I some of the Dillrict I people had indicaled that Ibey wanted IO know who to bring iSIUCS IO and Council said bring them IO everybody or any of the at-large peoplc. One of the issues was brought to her anention, in terms of some of the issues that had gone on with police pllllol in Dillrict I and also having to do with -ol the liquor license kinds of things that have come up. She said she was called and has been meeting with II citiz.cn. Sandi Ostema. and also with Al Stanley and Tom Vandcnnee. She noted Ms . Ostcma has asked if there could be a letter from the City in response to all ol that . Ms . Habenicbt said she talked IO Mr. Clart and Mr. Stanley and if ii is okay with Council she would like 10 put together that raponsc to the NEON group, which is the group from that neighborhood. And she wanted to share that with Mr. Clart. Mr. Stanley, Mr. Vandcnnee and Council Member Nabholz. as she is the new Dillrict I rcprelClllalive, if that is okay. Mayor Bums said that is fine. 13 . City M ....... , llqlert (a) City Manqer Clart rdcmd Council to his May Is• Cillderdla City Ac:livity Rqion. He IIOled it is a very bric:f' n:pon with the idea that hopefully they would review a lol ol ~ tonipr at Study Session. Which. he Slated, Ibey did. He said there -quite a dilCUlsion with die cbdoper and the Museum of Outdoor Aris folks and Ibey will continue thole efforts . (b) City Manqer Clart advised that Ibey have let up MIIIIC orienlalion tours for Council Member Nabbolz and that Ibey would like IO make that available to otbcr council members. Mr. Clart noted Ibey kind of dc:bricf'ed and discussed this internally and decided perhaps we can do mon: when new council members an: coming on, orient them IO the City. So, he said, if any other council member would like to meet with a dira:tor and go out and view some olthe things that we have got going Oil, to just let his oft'"ic:e know and they will make amngemcnts. Mayor Bums commented that he is glad wc arc doiag that . He notal be had tallied to Mr . Clart about this and be lhoughl wc could have done • helter c:omprdlensive jab ia the ... oa oriealalioa for _. • . .. I· 0 'a2xl r---------------------------.,-------------.r--- - Ea&lewood City C•adl May 19, 1"7 ... 17 . . • .. • , couacil mcmbcrs. He stared it is u awful lot C'l lbdl' to leun in a quick period fl time. As be tmds to be -C'I a Yi-' perDI. be said. be felt tluil on lite impec:tions really help you . To really sec what these tbiDp look like, ntber than just lading IO IIIU)' papen and rq,orlS and IO fOlth . Mayor Bums opined tluil tluil is u cxcdlent plan. 14 . City AU-,'1 Rqlert City Attomcy emmnan did not mw any maacn to bring beiR Council. IS . Mjaa.._. MAYOR aUJtNS MOVED TO ADIOUllN. The IDllding adjouraed • 9 :29 p.m . . ~·1u,t1.VL ' CityClert .. ,. • • <. - .. ( • ( -------f ------------------------,-------------------:--------~-~ • ,I • . . AGENDA FOR THE REGULAR MEETING OF ,. THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 19, 1997 7:JOP.M. , 1. Call to order. fl.·5 3 ~ 2. 3. 4. Invocation . u}~ Pledge of Allegiance. ~ Roll Call. 5MlnM~) /~ r --' (VOlll 1t1K:,) I 5. Minutes. a. Minutes from the Regular City Council Meeting of May 5, 1997. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . a . Tom Wilson, Englewood School to Career Program Coordinator, will be present to discuss the School to Career Program. Non-Scheduled Visitors. (Pl~ limit Y.OU[.~JMiq,_ !9. r:a~-l \ tl. 0t.iD6UrOIIL6'1.)llHf,HI.MJt~ KAIJIUt tJLV/J. -,,NIJ..J /r. "~~ /:-~{t1AJIIDU/rll/rt Pt!) Communications, ProclaJNtions, and Appointments . 1 !LAld /5-0 a. Procla""j~peclarinlJ the week of May 18-24, 1997 as Emergency Medical Services rf"" Week .~ b. Swearing in of newly elected District I City Council Member. (~I,/ N"8dl-Z-) i . iii . Mayor will ask the City Clerk to read the name of the newly-elected City Council Member, who will then be sworn in by the Honorable Louis Parkinson. Members of City Council are seated (in temporary spaces) and the Mayor asks the City Clerk to call the roll of the members of the City Council and the Mayor then declares a quorum present. Permanent seating assignments will be given. .._ ...... .,,....._ . .....__._.....,.,.._...,..._._.._a,.,,' ••ou•••• ........ ._.. ....... ., ..................... ,... .. .. • • , City Council Agenda May 19, 1997 ,.2 . ' • • iv. Recognition of the families and/or guests of the new member of City Council. v. Brief Reception . 8': ~ ~ l<i3MA)l)t!JJil) -f:tfoj ~ 9. Public Hearing. (None scheduled) ff 10 . Consent Agenda. a. Approvalof~~c1~~~ }jtt_;'~J )v' 6ff i /p-0 ~tm~~om Wutmti;s'"o~artment ~o ~;i ~ for an ordinance approving an Intergovernmental Agreement with the Regional Transportation • /IJJ.JJ,LJI) District for the design, engineering. and construction of utility ifications LCJf 77 required for construction of RTD's Southwest Corridor Light Rail Project Phase 2. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. iii. iv. V. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement I 131. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Utilities Department to adopt a bill for an ordinance approving a South Englewood Wastewater Service Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving an Oil and Gas Surface Use Agreements. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance amending the existing contract for the restaurant at the golf course. STAFF SOURCE: lerrell llack, Director of Partis and Recreation. b . Approval of Ordinances on Second Reading.-#~It.Ir ~DIA!,O /06-/FM~ /YLt,I ~ /j-/ {mf~~j· 14, approving a Concrete Utility. IA)~ (/JJJ,3'3 ii. Council Bill No. 33 , approving a temporary moratorium on permits an (Y?J-i~ fYtll% iv . in specific industrially zoned areas . Council Bill No. 38, creating Paving District No. 38. c . Resolutions and Motions . ...__.. If ya .... a6allllly _. .... ...., .... ..._.._llllllr .. 0¥.,F , as911C,U.-.al ............ ..__ ........................ ,... . . • ' .. • • City Council Agenda May 19, 1997 Pagel 11 . Regular Agenda. • • a. Approval of Ordinances on First Reading. i . Recommendation from the City Manager's Office to adopt a bill for an ordinance authorizing a Property Transfer Agreement between Cindermak Associates and the City of Englewood for the Cinderella City site. STAFF SOURCE: Doug Clark, City Manager. ~~ b. Approval of Ordinances on Second Reading. /!UJ. l:// oPP45"..J/ (,+~iB:~~iJlJ approving the sale of five Project Build properties~ A>-J M,_20 ii . Council Bill No. 41, amendi]1g the Police Officers Pension Fund and Permanent CF uv,r~ apPd f,rO Disability Benefits. w~ c. Resolutions and Motions. )Y 12 . General Discussion . a. tlkln/6-/ -/1/tlllJ/IHr lltP/J~ r~ Nl'MUC.. "Pr· (AJ,f,{:/J)/(/...IAJ(:) 11.,1 ro ~Iott) ;A) ~r FOi:.. /Jl,U;U.. Council Members' Choice. W 17) A-Tf'1!A)/) 1/fE.. (!At_ ~IJFER$11!./i... /Al .:raAJL Mayor's Choice. b . o/Jf'fl-D i. Recommendation to go into Executive Sessio'}!'."fedi~t~ly following the City Council meeting to discuss personnel issues.~ 13 . City Manager's Report. a. Cinderella City Status Report. 14 . City Attorney's Report. ~ent. 9:/J// ~ The following minutes were transmitted to City Council between 05/01/97-05/15/97: • Englewood Non-Emergency Pension Board meeting of July 9, 1996 • Englewood Firefighters Pension Board meeting of September 9, 1996 • Englewood Joint Pension Board special meeting of September 9, 1996 • Englewood Firefighters Pension Board Volunteer special meeting of September 25, 1996 • Englewood Non-Emergency Pension Board meeting of October 8, 1996 • Englewood Firefighters Pension Board meeting of October 23, 1996 • Englewood Non-Emergency Pension Board meeting of January 14, 1997 • Englewood liquor licensing Authority meeting of April 2, 1997 • Englewood Cultural Arts Commission meeting of April 2, 1997 • Englewood Parks and Recreation Commission meeting of April 10, 1997 • Englewood Downtown Development Authority meeting of May 14, 1997 .... '· • 0 '32xl 1. 2. 3. • I~ • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 19, 1997 Call to order. fJ.·5:, fl"-' Invocation. /A)~ Pledge of Allegiance. ~ 7:30P.M. 4 . RollCall .5~/ /~ (VOllf ,t'fNt) 5 . Minutes. a. Minutes from the Regular City Council Meeting of May 5, 1997. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8. a. Tom Wilson, Englewood School to Career Program Coordinator, will be present to discuss the School to Career Program. Non-Scheduled Visitors. (Pl~ limit ','.OU[~JMiCI'. ~9. five~.) \ a. Dl..~OIUrOIWIJ<.IHflltMJ~ K.fillUf IJL'ID.~ ~ .,,._.J /,-. "~~ ~ (t1AJ/IIUU..lr dlrl Pt!.) Communications, Proclm1ations, and Appointments. 1 f1AHi 5 -0 a. Procla~~ peclarin, the week of May 18-24, 1997 as Emerpncy Medical Services -rr-Week.~ b. Swearing in of newly elected District I City Council Member. {4'/N NAI/MJ.Z..) i. Mayor will ask the City Clerk to read the name of the newly-@lected City Council Member, who will then be sworn in by the Honorable Louis Partcinson. I RJU.~-ii . ,~1~/rfA6) I Members of City Council are seated (in temporary spaces) and the Mayor asks the City Clerk to call the roll of the members of the City Council and the Mayor then declares a quorum present. iii. Permanent seating assignments will be given. • •. I .. • , • City Council Agenda May 19, 1997 Patel • • iv. Recognition of the families and/or guests of the new member of City Council. v. Brief Reception. 8: ~ ~ /l.J3M;IJl)twi {j -f :tp/ /)4,.-- 9 . Public Hearing. (None scheduled) ~ 10. Consent Agenda. a. Approval of ~~~cj~~~ JtJ a..i' _A}r.s,J ~ v' OfPI /,-0 ~rirr,'::,~om ~tmti;D~rtment ~ -;;t"1bm for an ordinance approving an Intergovernmental Agreement with the Regional Transportation /llfl.JJ,,nll District for the design, engineering. and construction of utility modifications '-'CJff 77 required for construction of RTD's Southwest Corridor Light Rail Project Phase 2. STAFF SOURCE: Stewart H. Fonda. Director of Utilities. ii. iii. iv. v. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement # 131 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Utilities Department to adopt a bill for an ordinance approving a South Englewood Wastewater Service Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving an Oil and Gas Surface Use Agreements . STAFF SOUICE: Stewart H. Fonda, Director of Utilities. Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance amending the existing contract for the ll!SQurant at the golf course. STAFF SOURCE: leffell llack, Difector of Pub and lecration. b . Approval of Ordinances on Second Reading.-//~/I.Ir ~ /06-/J='M~ ~" ~-/ &Jff~.'.l 14, approving a Concrete Utility. Wll/'f*'° A.A -' i._2_ :1 ii. Council Bill No. 33, approving a temporary moratorium on permits {) J/Pff'::r) in specific industrially zoned areas . (YlJ-1~ fYlJ-1~ iv. Council Bill No. 38 , creating Paving District No. 38. c. Resolutions and Motions. $ ---------------~----------,.,-----------------------------.:----,. • ' City Council Agenda May 19, 1997 Pagel 11 . Regular Agenda. • • a. Approval of Ordinances on First Reading. , . i. Recommendation from the City Manager's Office to adopt a bill for an ordinance authorizing a Property Transfer Agreement between Cindermak Associates and the City of Englewood for the Cinderella City site. STAFF SOURCE: Doug 0-. City Manager. VIL(~ b. Approval of Ordinances on Second Reading. lf2JJ=. t:// bfJPd5"..Jf (,+~tB:~~iliJ approving the sale of five Project Build properties~ Ah ,J £.~O ii. Council Bill No. 41, amending the Police Officers Pension Fund and Permanent IF~~ 4/JPd (Q-{) Disability Benefits.~ c . Resolutions and Motions. JY 12. General Discussion. a. b. Mayor's Choice. !'nru·1'6-/ -/l~l)lll{r MP/1/E./J~ T~ Nl'~U/! "Pr' CAJk{:fl)tfJ"..IAJr\ UI ro ,/0(() 1AI ~i FOi:.. ~/,8/KJ..i. Council Members' Choice. ..,.., '.J 17) ,f.~/) 1HE. ~'-~J)FE&ll!l. IN .::raAJL oppJ~-0 i. Recommendation to go into Executive Sessio_'}:~f'edi~~ly following the City Council meeting to discuss personnel issues .~ 13 . City Manager's Report. a. Cinderella City Status Report. 14. City Attorney's Report. ~ent. 9:.J.C/ ~ The following minutes were transmitted to City Council between OS/01/97-05/15/97 : • Englewood Non-Emergency Pension Board meeting of July 9, 1996 • Englewood Firefighters Pension Board meeting of September 9, 1996 • Englewood Joint Pension Board special meeting of September 9, 1996 • Englewood Firefighters Pension Board Volunteer special meeting of September 25, 1996 • Englewood Non-Emergency Pension Board meeting of October 8, 1996 • Englewood Firefighters Pension Board meeting of October 23 , 1996 • Englewood Non-Emergency Pension Board meeting of January 14, 1997 • Englewood Liquor Licensing Authority meetin1 of April 2, 1997 • Englewood Cultural Arts Commission meeti"I of April 2, 1997 • Englewood Parks and Recreation Commission meeting of April 10, 1997 • Englewood Downtown Development Aulhority meetin1 of May 14, 1997 Plwe llOla: If you hllft• llallllly wl ..... ....., .... ---. ..... ...,, ... Cllyol &"9aood(70,14la 11 ....... haunln.tw.aolwhlll ..... _ ............ ,... .... • . • • • . • . "· PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SeHEDULED VISITORS DATE: MAY 11, 1N7 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT . . NAME ADDRESS "Jl--. f<ogesq-0 ~ N I 754 '4J . CoutJT1 "-11JO ~ µ,'iE IJ,w:J-l 1110 Rtz.,c...iAt.-~ ~ VkY«fR '&WI-.114-P&;r-<' ~.44 k~;~ .. • . , ... • , • • • • ENGLEWOOD CITY COUNcn. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO 1. C.UloOnler The regular meeting oCthe Englewood City CoaaciJ was caUed to order by Mayor Bums at 7:42 p.m. 2. .._..._ The inwadioa -&n'ell by Council Member Wiggins. 3. Pledfe ti ..... _ The Pledge o( Allegiance -led by Mayor Bums. 4. Roll Cd Present : Ablcm : A quorum -pram(. Council Members Clapp, Wiggins, Habenicht, Vonniuag, Waaoae,, Bums None (Clert 's DOie : The Dislrid I Council seat is vacant clue 10 the rec:all o( Council Member ffadlaway by a 111¥Jrity o(the YOfe • the January 14, 1997 Recall Election.( Also present; City Manqer C1art City Aaomey Bnllzman City C1at Ellis DiftlCIDr Eslerly, Public Worts Housing Specialist Nader Neighbortiood Dewiapme.lt Coorclinaror Graham Planning Coanluiaa Stitt DiftlCIDr Oryglewic:z, F"IIIUCial Scn,ices .5 . M--. (a) COUNCD. MEDER VOUlnTAG MOVED, AND IT WAS SECONDED, TO APPROVE TIO MDf1JTU OP TIO UG1JLAR MEETING OP APRIL 21, 1"7. Ayes : Council Members Vonnittq. Wigins, Habmic11t. Waaoae,, Clapp, Bums Nays : None 6 . (a) Mary Dounay, Englewood Public Library Baud member, lllfed lbal the Baud 3*ed that she make a Pfl*lllation tonight. She nollld dlerc is a remodeling project that she tllougbt Council bad receiYcd a lol o( information OIi. Unfonuaalely, Ille CIJ!IUNU~ed, like many Olber pn,jecls, the bid ...... 5 •. .. ,; I· • .i---:----------------------- Eactcwood City Council May !I, 1997 Pace2 0 • came in high. So Director Long sent a memo 10 lhc Library Board members asking anyone who did not agree wilh lhc adjusuncnis he had made lo contact him. She advised that one member contacted him and said they were not in fawr of lhc changes. so lhc Library Board held a special meeting today at 5 :30. They talked about what othcr options were available. Ms. Dounay explained lhat the Board feels it is the responsibility of the Library to maintain a safe and quality environment because it belongs to all the tax payers in Englewood and that we need to proecct out illWllmCDL The i~menlS that would occur "oold allow the City to use the building at some lime in tbc near lillurc. She said they have heard tbc rumors that tbc City might like 10 purchase a new library. She aJIIIIIICllled that tbc Library Board is a very practical group of people and they didn't sec any way that we <Xlllld have a new library in three. five and poSSlbly even -years. So, she advised, the Board made a IIICllion, this CYCDing, that tbc Library Board approve tbc rcmodc1 project of the Englewood Public Library as outlined in tbc memo wriaen by Hank Long. dated April 25 . 1997. It was moved by Marprcl Giffin and seconded by Sondra Smitbcrs. they discussed this for about fifty minutes and it passed 6-1 . Ms. Dounay advised that one Board member was absent because of illness. but that member sent a note to tbc Board supporting tbc rcmodc1 . Another member. who losl a child earlier. has not attended mcctings in tbc last lhrcc or four months. that she came to one mccling for about a half an hour and went home. Ms . Dounay staled they would cncouragc Council 10 approve the remodel project. Mayor Burns commented lhat there has been some discussion about this. If there was a new library built. what lime would it be built how many years would ii take and the needs lhat were described in tbc remodeling project. what your needs arc. He said he would presume what she is saying is that they fccl lhat tbcsc arc immediate needs that the Library has. He DOied that some people have complained that tbc Library would be shut down for a month in August. Mayor Bums asked Ms . Dounay to comment on lhat. Ms . Dounay stated that. of course. none of us like to sec the Library shut down so they tried to pick tbc lime lhat they would cause the least harm to the community. Public Works and Hank Long worked togclhcr on this project and they thought it was more economical and practical to do it as a single project and have it shut down for thirty days. She said tbc Library Board wasn 't happy wilh tbc thought of lhat, but probably if you have to shut down the Library, the best lime will be in August because it bas less usage. school isn't in session. So for the safety ofbolh the computcrs and books and other technology, that was the most practical way to go about it. Council Member Clapp asked. if we were 10 do the improvcmcnlS in the Library, what is spec:ia1 about tbc different kind of lighting we would be putting in lhcrc. And <Xlll1d they use lhat for other purposes for other offices. Ms. Dounay advised that Mr. Clark visited the Board meeting in February and they talked about tbc remodeling project then and they have talked about it several limes in tbc last six. -. eight months. One of the ideas lhat has been discussed bolh by Council and other groups is lhat if tbc Library is ROI tbcre something dsc probably rclaled 10 tbc City will be there. such as the courts or wbalever. And there is no guarantee. unless Council guarantees it. that we will have a new library in tbc near future . She opined that the library needs to be comfonablc and safe. Ms. Dounay said she understood lhat Council has insisted that all businesses have a sprinkler S)'llelll and the HV AC system is very old. it is tbc third pan of an on-going project and so ii didn ·1 make uy sense to just not go ahead 10 prolcct tbc illVCIIIIICllt. She pointed out it is like her house. she may decide sbc wants to sell her house. but that sbc can't lcl ii pt run down. she has to maintain it. She noted if they arc there for five to seven years, that lhat is quite a number of years . Because. she said. the Cindcrdla City thing is very complicalcd and according to tbc Charter it would be hard 10 go for a bond election. Ms. Dounay pointed out. lhat to build a new library would probably be six 10 eight million dollars and from the bond elections that have been presented recently it is ROI a very popular idea in the community. Council Member Waggoner asked Ms . Dounay if she WM saying lhat, even though tbc Library wa designed as a library. the lighting is insufficient. Ms. Dowlay said sbc would say it is old and inadlicicnl She explained lhat if you sit back at the tables. and try to read. the lighting is very poor. 11ley put new lighting in the schools and you didn'l nocicc it -bad until the new lighting wain and then you rally t I I· 0 ------------------~---.,----~----------------------,.-- • Enclewood City CCN1ncil May 5, 1997 PaceJ 0 I • • notice the diffcrcaa:. She advised that one of the things they did two years ago was they sent groups of people to visit other libraries. One of the obvious things they brought bnck to the Board was the poor lighting. Mayor Bums said. it would seem. if there was anyplace you would want good lighting it is your library. Ms . Dounay agreed. (b) Doug Cohn. 3051 South Marion Street. staled that this second hand bill. that Council is amsidcring, is a terrible idea. He opined that the way the City could saw: some money is if they bwy it in the ground right now they won't have to publish it, or any future \ICl'5ion or it, in the newspapers and that will save SSO or $60. Mr. Cohn commented on the oppressive amount oCpapcrwork that small businesses would have to come up with to comply with this law. the trusaclioa ra:onls. the ID c:hccks. the staff training, the police inspcc:tions. the wcckly rcpons . The pnwnsbaps already have to do all that son of stuff. so the law would not have any aff'ecl on thole guys II all. But. he said. he his thinking of other places that arcn 't excluded from the provision as it is written. He noted King Soopcrs sells used videos, the little store on Broadway . Buy Back Games. sells used video games . He said as far as he can tell both of those stores would be included in the bill . Mr. Cohn said he thinks that would be a terrible idea and that he has been uying to figure out why the City would even come up this kind of a law to start with. He would assume it has something to do with stolen property. He noted it is already against the law to steal stuff, to try to sell stolen stuff and to buy stolen stuff. so he can't figure out why the City would even bother with this thing. His biggest concern. he stated. has to do with the increased cost to the police dcpanmcnt of all this extra burden you arc going to put on these guys. Taking officers off the streets to do all these ID inspect.ions. background checks and all that sort or stuff. Mr. Cohn stated that his biggest concern. personally. is that he owns a hobby store that is currently located over in Cherry Creek. They have been actively looking for a location to relocate in Englewood. He commented that the spot he has right now is not very useful for the future for them . If Council passes this ordinance. he said. they have a problem because they sell a few used games and jig saw puzzles and some oC them on consignment. This kind or a crazy law. he said. would lake Englewood out of the possible locations for them to rdocalc. entirely. Mr. Cohn reiterated that . as far as he can tell. there is no reason for doing this SOit of law at all. He said that his recommendation is to put it in the paper shredder and not try to fix it. He noted as near as he can tell. and he may not have heard the whole story. that he can't sec any reason to have the law al all. Mayor Bums advised that that ordinance has been pulled and staff is reviewing it at this point. that it is not on the agenda tonight. Mr. Cohn said he noticed it wasn't on the agenda. but that he thinks it should be shredded. not pulled. 7. NOD-Killedllled Viliton Mayor Bums commented that he noticed qui1e a few people signed up to lalk about day labor. He noted he was not sure what issue they wanted to lalk about. Mayor Burns explained that the ordinance on day labor is before Council tonight to pass on first reading and set a public hearing. The public hearing suggested is for June 2"". He advised. if they want to make an official statement that they want on the record for purposes of a public hearing, thal 1ha1 is not what they a.re doing lonight. He staled that Council's nonnal procedure is 10 pus an ordinance on lint reading, set ii for public hearing and not even vote at the public hearing on an ordinance. bul have ii the next date. Al that time they have further discussion and consideration on second reading. So. he noeed. Council is not p,ing to be clilaming lhis tonight for final passage or anything like lhal. However. if anyone wants to speak they can cataialy go ahead and do so. (a) Randie Barthlomc. stated 1h11 toaipt she ha COIIIC to ldl Council good bye. that she resigned from the City and today is her lul day. BcloR 1eariaa. she said. sllc MIiied to diam eweryaae for all of their support over the yea,s, 1ha1 ii has really meant a lot . Ms . Banhlome rommcnted they~ been through a lot togctbcr. some rough 1imcs. but 11111 they ~ bad a lot of good times too. The .._. they used to have. some oC the budget proccslCS and all of lbal. She said thole 1hinp really -a lot to I· 0 • E•clcwood City C01111Cil MayS, 1997 '•' 0 :. - her and she is laking thole memories with her. Ms. Banhlome a>nUDelltcd that this was IIOl an easy decision became she has never worked with a finer group of people than the people in her department and so many, many others here in the Cily. But, as it is with the seasons. tbcrc is a time for everything and she is going to be moving on to new opponunities and challenges, but that she will sinccrdy miss all of Council. She noted some immediate things on the horimn, some projects with some public and private firms, the Think Tank and some wort with citiz.ens groups and some wluntccr activities. Ms. Barthlomc presented each Council member with a gift. She again thanked Council and noted she very much appreciated it Council Member Habcnicbt said she would just like IO say thank you 10 Ms. Banblomc for all ol her years of service she bas given IO the Cily. She noted she docs not bm: anything prepared. and certainly not a gift right now, but that she has clone a lot to bring a lol of togetherness and SIIOllg camaraderie and mcwal us ahead in many, many, many ways and that she koows she will be sorely miaed. Mayor Bums Slalcd be would also like to say that be has never enjoyed working with anybody any more than Ms. Bartblome and she has really brought some innovations in her department. He thanked her for her service to the Cily, c:oagratulated her and wished her all the best in the future. Council Member Vonnittag commented that Ms . Barthlome bas really been a friend to him over the last three or four years and he just wanted to say good luck to her in her new adventures and to lake care of bcrsclf. Council Member Clapp asked her to keep in touch. Ms . Banhlomc said she will and offered her best wishes IO all of them . Cily Manager Clark thanked Ms. BanbJomc for coming and DOied it was~ nia:. Mayor Burns commented that that was a class thing to do and that be -really ~ imprcSllcd. (b) Jim Recs stated he was here on behalf of the Greater Englewood Chamber ofCommcn:c and the Board of Dircclors. He advised that he bad two lcttcn he wanted 10 read. He noted that the Board of Directors of the Greater Englewood Chamber of Commerce came up with two position stalCIDcnts. One on temporary labor services and one on second hand dealers. that they want to put iolo the rmxd. Mr. Recs stated that these lctters were drafted prior to them knowing that there was going to be a public bearing on June 2"". He read the following letter. "The Board of Directors of the Grater Englewood Chamber ol Commerce supports the iatcnt ol an ordinance to rcstrid the sale or purcbasc ol stolco goods. flowm:r, the aam:aa Council Bill 31 as .,...,.._., appears to unduly rcstric:t many lawful b!ISic:v and is uaclcar • to who must comply with its ~-This lac:k ol clarily will surely lead to the ordinance bciag med to buaa legitima&c businevcs, who will bm: absolutely no idea how IO comply, or for that maucr if they aR even required 10 comply. Finl in the clcfinition ofSecoadhand Prupcny, you bm:appaready ~ c,icludcd such itcml • boats and boating supplies, fishing equipment, automobiles. 51a11111y and paintings, hanlwuc and tools. compn:ssors. lawn mowers. auto pans. lira. clothing. locks and safes. camping equipment and many other items . However, you indic:alc thac • Any item which is lllllked with a serial number' is to be aM:ffll by the law. Which is it then? I. AR thaac items, many olwbich bm: serial numbers, iacludcd in the ordinance, or not? 2 . What docs the pbnac 'includes bul is IIOl limired to ..... • in your definition ol-.dband property -7 Docs that mean thac today it is included, bul IOIDOITOW it is DOl, depending upaa which police offic::er, cily affic:ial, OI' misinformed raideal c:oma inlo the business? J . Can wc 111U111C that a used clothing SlOl'C is not awaed. •Iona• they don't ldl "boots ' and 'fun ' which aR listed? Can they ldl med shoes? 4 .. Sllall WC amune thac ewl)' -., repair garage in Englewood who illllalls a used pan (which will baYc a aerial aumbcr) is now requind to .. -• ' I· 0 • • • Encte,,rood City Council May 5, 1997 Pqe!I 0 • • become a licalsed secondhand dcalcr7 5. Shall ---tbal ~ Olber business who buys and raclls used goods. such as Anderson 's Vacuum. Englewood Lock and Key, A+ ComputerS. Mountain Miser, Englewood R.ental, Becker's Appliance. all UICld car lals. ud many Olber similar businesses who sell used goods occasionally mua become a licellled ICCllal bud dealer? 6 . You have ddined Ulliques as being 100 years old; so we IDUSl assume tbal an Ulique IIOle wbicb also sells 90 year old Sbdl'. or depression era memorabilia. or wwn era --1ia will ~ to be licensed as a second band deller. 7. By the way, is tberc a big market these clays for IIDlen 1ypew1ilas. phonographs. record cbanaers ud turntables? 8 . Since 'tools' are not listed at all. does 11111-dial a IOol store can sell a used compressor on consignmen&? (The ordiaaace pn,llillils Clllllipaa.t sales by second hand dellers)? Is it your inlelll to make all aJDSignmcat sales of liled goods il1epl7 nil is not clear. What is clear, is tbal this attempt to regulale SIOlen goods trallidwla __.. be tabled mml it can be done in a difl'ereal f'albioa. one that does not seem to require ~ buliMa ill Englewood wbo occasionally sells used goods to be subject to the intrusM requirements of this onlinaaclC ." He read the letter the Board came up with on tcmpOraly labor ICrviccs. "The Board of Directors of the Greater Englewood Chamber of Commerce is cxuaady aiacemcd about the recent actions by city government which seem to be pan of a gcncral lllack oa Eaglcwood's business community. We W'F you to reject the recommendation of Englewood 's Planning ud l.oning Commission to fon:e tcmponJy labor services to relocate or go out of business in Englewood. 1besc businesses provide needed employment to Englewood residents and essential services 10 Englewood businesses. Blaming these businesses for the problem along BIOldway. or in the adjacent neighborhoods. is inaa:untc and sbonsigbted . They bave been opented. as far as we know. in a lcga.l fashion . If illcpl activities are occurring. they should be dealt with quickly and ClOIISislcntly in accordance with cxilling laws. Englewood busincaes support dforts to upgrade and UllpnM our community; but for these dl'ons to be successful. we must stop scape goaliDg viable businesses and wort together to idcnlify and SOM the real pniblcms which affect Englewood neigbbodloods." Mayor Bums said. as be iilcalioned before. that the secondhand ordinance is not up for public bearing. Mr . Rees stated be undenlood. that they wanted to go OIi record with that. (C) Sandi Oslcma. 2843 South Grant Sheet. stated she would like to addRss the issue before Council giving 120 clays to Stand By to move out. She said she can't impRSS upon Council coougb how much they do not WIIII IO go through another summer of bell with this company. Sbe noted it would bave been nice if the new OWIICI' bad approached them to wort with them on something for the summer until they can move. But tbal -not forthcoming. it did not happen. Ms. Ostcma stated that no onc bas been willing to wort with the community. Please. she asked Council. do not put them through anodlcr summer of pure bell with these people . This. she noted. is the prime time when all of this happens. Sbc said if Council loob a1 the police IWistics she received. al the 203 area of town. which is the Bala/Bl'Olldway area of town. bas a significant increase within Dislrict I. of any fl the other oncs. The indultrial area is second. Ms. Ostcma cmphasimd that they are bwting. they are having problems. that there is no llfcty • and no code cnfon:emclll. She implored Council to not put them through this anodlcr summer. She stated it is not that they are out 10 gc1 businesses. but tbal they are not p:tting the cnfon:cmeat or policie protection they need . She asked if there bas been a IIUdy clone tbal bas pnwen tbal otberwite as Mr. Rees bas suggaaal. Ms. Ostcma maintained there im ·1 one. tbal it is a combination fl thinp. She opined it is real evident and wry clear that Stand By bas created a loc fl their problems and docs not want to wo.t with the neigbborbood. She asked again that Council not put them through another summer. (d) Bewrly Bader. 2755 Sou1h Lincoln Street. DClfed spring is beR and summer will be beR real quick and that she dradl goina out to the alley again and claning up all of the tlllb aad liner that she bas put up with since Pak Load IIIOYCld in in the early 80'1. She said when Stand By moved in it jult IOI worse . She maintained their neighborhood bas dclerionled. she does not feel safe in her own bome. I· 0 ----------------------.,----------~--------~------, - • • • 0 • Enclewood City Council May 5, 1997 Pagc6 where she bas lived for 23 years, and she is tired of being afraid all of the time . Ms . Bader asked that Council please, please, not let Stand By Slay the extra 120 days . ( e) Julia Scott. 2914 South Grant Sueet, Slated that they also have rental property at 300 East Bates which they bought as an investment in what they perceived as a safe neighborhood. That, she noted, is questionable at this time. She said they arc extremely bummed out about all of the traffic up and down Bates, fooc traffic that is drunk and disorderly . Ms. Scott stated she docs not like going out in her garden. behind her house in the alley, and cleaning up human feces and she docs not like cleaning up human vomit all over the sidewalk in front of her rental property. She said they feel very strongly about this and wanted to address it. Ms. Scott advised that she will also address some comments at the June 2• public hearing. (f) Susan McDonaugh, 2834 South Acoma Sueet, advised that she lives about four houses from Bates comer and she gets all kinds of drunks trying to sleep in her back yard and they leave their trash. She said it is really bad. that she is not that healthy and you don 't know what kind of people they arc . Unfortunately, there arc a few that arc good citizens. she said, but that others arc homeless and they don't care where they Oop . One time. she advised. she put some stuff' in a dumpster and there was a person inside the dumpster. You don't know what kind of people these people arc. she said. and besides she also bas trash. Some of the trash is from McDonalds and Taco Bell in her back yard. She maintained it is really getting bad. Ms. McDonaugh advised that she called the police on somebody that decided to flop in her backyard. She said she has no clue what kind of person he was . She noted she was sorry, because she knows it is good for some people who need temporary jobs when Ibey arc between jobs. but their clientcle is not that good. (g) Paula Becker Slated she bas rcccntly purchased the property 283 2 South Acoma Stfflet and when she moved in she was under the impression that ii was a relatively low crime ralc ara. She advised that used to have kind of a shoddy privacy fence around the back yard and in order to keep the vagrants out she had to have the fence replaced. That did not wort so she had to put padlocks oa it. Then. she noted. they consistently tried to pry her garage door open so they could sleep inside. Therefore. she Slated. she bas had to padlock her garage as well. that she cannot leave anything. They throw trash in her yard. harass her dog, sJccp under the caves of her garage and leave debris behind all the time . Ms . Becker pointed out that she bas to clean up the alley twice a week because it is locally trashed from where the people leave garbage. She Slated that having them that close to a daycare center is a real big conccm . (h) Ann Nabholz. 2990 South Delaware StJeet, said she was sorry she had to approach Council again on this matter. She noted she bas been before Council many times. that they arc going oa approximately four years. She said she would like to make sure that if this is cXICDded 120 clays, shc wanted to know where arc the safeguards lo keep this from being cXICDded one IIIOR time. Ms. Nabbolz pointed out that her concern is for their neighborhood. that this is prime time for cvaytbing to 11a11 heating up again. She Slated that the police reports she pulled from June to January, a six IIIOlllb period, out of S4 police calls to a temporary employment agency. 42 of those were to Stand By alone. Ms . Nabholz opined that that is alarming. She encouraged Council to weigh this carefully, to think about it. She pointed out that they were not a pennilled use. nor have they ever been . She said she is uyiag to figure out who is the scape goat here . Is ii always the residents that pay the price? She Slated shc firmly believes that they all have to be panncrs: business. govcmmcnt and residents. but that shc bas DOI - that . Ms. Nabholz said she really hoped they could wort together on this. She noted the aniclc. in the Englewood Herald last week. stated the gentleman who has taken over Stand By was not aware al all al the problems prior. Ms. Nabholz urged Council to lake this under careful consideration. (i) Carole TOIIIISIO. 29911 Soulh Bunock StJeet, said shc wuted to lddraa Council conccming extending Stand By 's cxiaencc al Bala ud Broadway for anochcr 120 days. She Slated shc recognized that Council bas a very serious iS1UC here. that it is very tang1cd. because it ii DOI a permiaed •· 0 • En&tewood City CIMlncil May!!, 1997 Pace7 0 • use in Englewood. Ms . Tomasso said she would like to emphasize that. She opined that the residents have been victimized for years and that ignorance is no excuse on Ciry Council's pan, on these businesses pan . She poinled out they arc not a pennitled use. yet they arc here. Ciry Council, she noted. licenses them. but they arc not a permitled use . In the meantime residents have come to Council again and again talking about how they have been victimimi by drugs. hypodermic needles, being propositioned for drugs and teenagers being propositioned for drugs . She emphasized it bas gone on and on and on . Ms . Tomasso said she did not know if Council has the statistics from Planning and l.oning, but the year after Stand By came, crime increased I 12%. She SlalCd they would like to go back. pre-Stand By . She would like to have her neighborhood back. she would like to be able to walk down Acoma and Bates with her daughter and son . She noted that every time she comes around that corner, with her daughter on her bike, she worries about what she is going to see . Is her six year old daughter going to see some man urinating and exposing himsdf7 Ms . Tomasso said she would like to go back to have the Circle K. when they would walk up there and get Popsicles and a drink on a warm day . She SlalCd she personaily feels that ignorance is no excuse for City Council. for Carlene Walker or for the company that bought it. They sboukl be well aware of the problems and they should be well aware that they arc not a permitled use . Personally, she said. she would like to see them shut down tomorrow . She asked. if it were a liquor store that had some kind of problem with their license. would they allow them another 120 days . A$ has been testified previously , she said. May , June . July and August arc their worst months. She commented that if Mr . Vormittag would like to suggest that things arc not that bad due to his observation of Stand By, she would like to point out that that was in January . She said Mr. Vormittag told her he sat in a car with Carlene Walker 's daughter. Lisa Walker. for an hour and observed . Ms. Tomasso emphasimi that their worst months arc May. June. July and August. (j) Sunny Vincennie. 27 I 8 South Acoma Stn:iet. said she can only reiteralc wbal her fellow residenls have said. that she didn ·1 want to was1e their time and she reali:zcs that these people aeed jobs . She staled tbal this sbould be in an industrial zone. not in a residealial dislJ'ia where her paadlon plays. where all the c:bildrell an: outside. Ms. VillCICIIDie Slated it makes a dangerous eavi--. dial tbere have beea bypodennic aeedJes in her yard. there bas been feca. people W'inaling and cnzy people screaming II the walls. Her SOil. she advised. asked her what that -and she told him not to even stick his bead over the fence. becaulc, God knows. be could have a gun. She staled these people do not bcloag in their homes and tbal is exactly what they are. they arc in their homes. Ms. Vincennie asked Council if they would like these people in their homes. around their children or their elderly motben and falbcrs. sislen and brodlen. She said she does not wan& to have to live like that . She commeored that she mowd from clownl-. Deaver to get away from thole kind of things and Englewood. when she came here in 1984. -ablolutdy woaderful . Since Stand By and other temporary scrvic:es have come in. she advised, some really jull 11a11y people have come in also . Ms. VillCCllllic: said she is a Christian and she sbould not say llally people. that she reali:zcs they IICICld help and they may be sick and they need moacy . Bue. she poinled OUl. they aeed thinp too and they have ri&bls aJso . She said she owns her home ud she wa1111 it to be a place where her pandaxl can play in the backyard and not be afraid of some dnmk comin& over the fence or IOIIIC child molaler. Just because they arc -iring over II temporary savica, slle said. doesn 't mean that she should have to put her famil y at risk . She thanked Council for their time and conunenled that she hoped they would take this illlO considera&ion . (k) Jay Seay advised that he is an elcCled employee of the Old Hire Firefighter Pmsioa Board. He Slaled that his first notification of the agenda item wort. on the changes to Title 3, Chapter&. covering the Firefighters Pension Fund and Permanent Dillbilily Benefits. wu late on May 2. 1997 . He noted the Pension Board has had some discussions on this maacr in the pu1. u cbarpd by the onliaaacc . There -a negotiated benefit in the mid 70 's. or early 70 's. covering the 20% clislbility far fild..,. that wu a toeally funded and actuarially sound propam. He ldvial that the new hire pealioll -added. much like the relaled deadl and dillbility that tbc Seate funded up to J-.ry 1997. wllidl tlley jail changed . The Scate came in and changed old hire and new hire pcmioas. He...,.. dial die view. al,- Ciry adminisuators and past City IIIOfflcyS. wu that the new hire ftrefi..,. -d iplle for !Ilia I· f • En~ood City Council May S, 1997 Pa~8 0 • benefit. with no changes in the funding in any way shape or fonn. Mr. Seay pointed out that this ordinance aJUld have severe impact on the unfunded liability of the pension. He opined that there are other facts that Council may like to be made aware of concerning this matter. As this will require time and knowledge and Council's time is most valuable. he asked that Council cable this matter so that he a,uld bring other documentation to Council's attention for discussion . (I) Ron Gold. 2812 South Bannock Street. stated he bas a business at 428S South Broadway and that be wanted to speak regarding the Stand By issue. He ROled it would appear that Stand By or any day labor place is not properly zoned where they currently are. which be feels is strike one. Strike two. he said. is that it seems they are not allowed to transfer the license. according to what the City recently decided. And strike three is that there has been substantial community outcry both here and many odler times in previous months. He commented that it would seem that. with three strikes. Stand By should be out. To save time. he asked if it would be the appropriate time to pass out a letter to Council. Mayor Bums said he a,uld submit a letter if he wanted to. that he aJUld give it to the City Clerk and she will distribute them. (m) Judith Dunlop. 293S South Acoma Street. stated that she lives in one of the worst crime ridden streets in Englewood. that she lives directly behind Stand By. She commented that whereas some people hear stories and see things sometimes. she sees them evciy day. She said she would really like to know why they would enter a motion lo continue for 120 days the kind of problems that they have been fighting against for five years since they have owned their home. Ms . Dunlop pointed out this is not a rhetorical question. that she would really like an answer. She noted that just this afternoon her husband slipped on a beer bottle cleaning up their area in the back yard. It was in some debris. She stated these are the kinds of things they live with in the front and in the back. Ms . Dunlop insisted that this block of 120 days is not just any 120 days. this is coming up to the spring and summer. As neighborhood block captains for South Acoma. with Neighborhood Watch meetings that they had at Kaiser Permanente. that they started in Decanber of the previous year talking about bow they were going to bandlc the problems in the summer coming up . So. she said. it is not something that just popped up over the years . They started discussing this earlier and earlier. She DOied that this put year was a very mild winter and they had three calls to the police on Christmas Day . There were people in the Kaiser lot laying on the grass and families. after their dinners. about 2 :00 in the afternoon. M:re walking their children. They thought that was a little inappropriate and as it turned out they M:re waiting to go 10 work at Stand By on a Holiday. Ms . Dunlop stated this bas been a zero tolerance area. There bas been a lot of statistics brought forward. Several hundred calls. she advised. have been made by the neighbors over the years . They go to Stand By and they also go to the Kaiser lot . She stated that Kaiser Permanente has done a great deal. that they have a security guard thal walks the perimeter. She commented that his job bas been milCl'llble evciy since he took over. that they have had them consistently over the years. Ms. Dunlop ~ Council to listen 10 the din:aion Planning and 2.oning took . She ROled it has taken a great deal of time. dl'on. emotion and anxiety from all of the people in this neighborhood that have shown up. probably. four times . She said it seemed like every couple of weeks they wm: coming and telling their stories. She poillled out that these are real life occurrences and they will be back on June ri. She opined that it is DO( jail Sland By. that there were cases made from neighbors that have been suffering with these same situalions II Peak Load for now longer than ten years. As. she commented. Sland By -just having immoral. unethic:a1 and illegal activities in this business. they have broughl these kinds of problems to light. She opined that ii is not just the people at Stand By, that there are other ones. She said the place a1 Galapego. where a neighbor came during Planning and Zoning. and this wasn ·1 on Broadway. and they are seeing the same panc:ms 1h11 they -on their strcc:1 . So. she said. she would really implcn Council to DO( ODlllider this motion for any type of extension. 0 I· 0 • Enllewood City Council MayS, 1997 Pace9 •, • 0 • (a) A proclamation declaring May 15. 1997 as Peace Officers Memorial Day and the wedt of May II through 17. 1997 as Police Week was CXIIISidcrcd. COUNCD. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING MAY IS, 1"7 AS PEACE OfflCERS MEMORIAL DAY AND MAY II THROUGH THE 17, 1'97 AS POUCE WEEK. Ayes: Council Members Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. Deputy Director Chris Olson was present lo accept the proclamation. 9. Public Bearillc No public hearing was scbedulcd bd'ore Council . COUNCD. MEMBER HABENICHT REMOVED AGENDA ITEM 10 (a) (I) FROM THE CONSENT AGENDA. CITY COUNCll. REMOVED AGENDA ITEM 10 (a) (iii) FROM THE CONSENT AGENDA. COUNCD. MEMBER WIGGINS REMOVED AGENDA ITEM 10 (a) (vi) FROM THE CONSENT AGENDA. MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (w1 FROM THE CONSENT AGENDA. COUNCD. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (il1, (IY) ud M ON nRST READING. (a) Approval of Ordinances on First Reading (ii ) COUNCIL Bill. NO. 38 . INTitODUCED BY COUNCIL MEMBER WIGGINS A Bill. FOR AN ORDINANCE CREATING PA VINO DIS11UCT NO. 38. IN 1llE CITY OF ENGLEWOOD . COLORADO; ORDERING 1lfE CONS11lUCTION AND INSTALLATION OF STREET PA VINO , CURB . GUTTER. SIDEW ALIC. AND STORM DRAINAGE IMPROVEMENTS. TOOETIIER Wl1lf NECESSARY INCIDEITT ALS ; AND SE'ITINO FORnf 01llER DETAILS IN CONNECTION Wl1lf 1llE DIS11UCT. (iv) COUNCIL Bill. NO . 41. INTitODUCED BY COUNCIL MEMBER WIGGINS A Bill. FOR AN ORDINANCE AMENDING 1T1l.E 3. CHAYreR 7. SECTION 2. OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 PERT AININO TO POLICE OFFICER PERMANENT DISABILITY BENEFITS . •. • I· 0 • 1:nclewood City Council MayS, 1997 Pace 10 • 0 - (v) COUNCIL BILL NO . 33 . INTRODUCED BY COUNCIL MEMBERS HABENlCIIT/WIGGINS A BllJ.. FOR AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON 1HE ISSUANCE OF PERMITS AND 1HE GRANTING OF LICENSE FOR 1HE PROPERTY LOCATED BE1WEEN YALE ON 1HE NORnl, DELAWARE ON 1HE EAST, SANT A FE ON 1HE WEST AND DARTMOUTII ON 1HE SOUnl, FOR A PERIOD OF EIGHT MONTHS . Vote realts: Motion carried. Ayes : Nays : Council Members Vorminag, Wiggins. Habenicht, Waggoner. Clapp, Bums None (i) A rc:commendation from the Depanment of Public Works to adopt a bill for an ordinance. as amended. approving a Concrete Utility was considered. Council Member Habenicht stated that she has a few questions about this one . She noted that she gets a number of phone calls from citizens and that she finds herself Wl3ble to answer these questions as well as she would like to. She opined that they need to be answered for the rc:cord to see if, indeed. we have looked al all of these contingencies. Ms. Habenicht asked if we have a percentage of people that will have to be a part of this plan, before it goes forward. to make SUR that it is economically viable. Director Eslerly advised no. that they have not established any specified percentage ahead of time. He noted lhat our expectation is, from folks they have talked to, that the large majority of people would participllC. In fact. he pointed out, anyone who has a a,mer propeny, and docs not participate. would be losing money . It wouldn 't be a SOUDd economic decision for them. There arc perhaps some IS% to 20-!.. jUSI based oo the economics of it, would stay in . Council Member Habenicht said she thought she has brought this up before. but lhat she has bad a number of people call and expn:ss their concern about it being a program lhat you have to opt out of and not one that you have to opt in lo . Expn:ssing concern again, she said. as they arc questioning the legality, is it a tax or a fee. Ms. Habenicht stated she wants to be certain lhat we have a legal opinion lhat this is legal and this is not a tax. even if it is an opt out, not an opt in . City Attorney Brotzman advised that is correct. that as long as we have an opt out provision. it is not a tax . Council Member Habenicht asked what happens with someone who doesn 't opt out, who is part oftbc program. and within the first year has their concrete rq,aired and they decide to opt out the next year. She questioned whether we have a provision for that . Director Eslerly explained lhat they can move in or out of the system al will . Ms. Habenicht advised lhat there is some conccm about that, lhat as soon as somebody gets their concrete done lhat they will jUSI opt out. City Attorney Brotzman swcd lhat this is an on going program lhat we see for many years so they could do that. He noted they would be required to comply with all of the issues regarding opting out. Director Esterly said. back to a practical na&ure, lhat it hasn 't been typical that they replace an entire frontage. It has been more typical that they replace one, two . lhrcc or several stones of property. He admowlcdgcd there have been cases where they have replaced an entire frontage . In particular when they get into paving clillricts they arc a little bit more aggressive about the concrctc replacement and perhaps they might even be more aggressive under tbc Utility situation where they might do those frontages . But, he said. it would DO( be a large number. lhat they are talking about 30, SO . 7S years to get around to the entire City . So if people arc opting out, it would be 1%. 2'V, 3% lhat bad their concrete replaced each year. " I· 0 • l:apewood City Couacil May S, 1997 Pqell • 0 , . • Council Member Habenicht advised that several people have said that they would prefer it to be a property tax. a bonded issue rather than this. She said she wanted to share that, as people have called to tell her that also. Also, Ms. Habenicht said. there was a concern that if somebody opts out of the program they will be sort of targeted right away. She said she would like to know how we can address this to make sure that we assure people that this would not be the case . Director Esterly 5lalcd there is no reason to think that. He DOied that Council knows him and tbc majority of his staff and that that is not a reasonable thing to expect that they would do that. Also, he pointed out. this is somcthing that any Council member, or any other reasonable person. can go OUl and look at. They can look al concrete that we have said needs to be rq,laced. eitbcr under Utility or under the individual property owner. He DOied if Council IJOCS lhnlugh the photographs that they have picked up before. that when wc tell a property owner that they -have to replace their c:oncrclC. that it is five. six. ten years beyond the lime when it should have been rq,laced. thal it is n:ally obvious that tbc work n:ally needs to be done. So. Ms . Habenicht said. if somebody has oplCld OUl of the program and the City cites them for concme, that tbcrc won't be the public hearing process like with the districts that we've have. She asked if the process for the property owner would be to directly come to Council or what would be process be. Director Esterly advillCd that they could come to his office al first and if they are not satisfied with the answer. go to Council. He noted there are people who just believe that Ibey shouldn 't have to do it and they will never aa:q,t the fact that Ibey should. He pointed out that both he and Council have talked to people like that in the past. It is obvious looking al their concrete that it is in need of repair and it is normally not a borderline issue. where wc are kind of after somebody. Mr. Esterly commented that the issucs that come up very frequently, and have been presented to Council in the past. are these issucs that are near borderline issucs. They are typically the issues where we have identified that they have to replace this and they recommend that you replace this one. because If you don 't do it this year you are probably going to have to do it in two years anyway. A lot of people. he said. lake the advice that they are providing as a mandalc that Ibey have to do it and they don ·1. Again. he advised, he is very comfortable with the fact that any normal. reasonable person or any seven normal, reasonable people could all go out and look al this COIICfflC. either on the stn:ct or in pholognpbs. and they would agree that it needs to be rcplaccd. Council Member Habenicht stated that the other question or concern that she had was people DOI minding it being mailed with a utility bill. with a water and sewer bill. but Ibey were conccmed about it being part of the waler and sewer bill. She said she wanlcd to clarify this issue. Ms. Habenicht asked if it is going to be on the same bill as the Utility bill or if it will be a mailing in tandem with that bill. Director Eslcrly explained that it will be in the bill and it will be a specific line item . He noted tbcrc will be a specific line item for water. one for sewer and one for storm water and now. it appears. tbcrc will be one for the Concrete Utility. He emphasized thal it will be a scpantc line item and the funds will definitely not be co- mingled. Din:ctor Esterly said that he would like to go back and COIIUIIClll a linlc bit about the illUC of taxing. If we did this on a property taxing basis. he advised, we would be Fina back lhnlugh tbc County and the County would be getting a percentage of tbc proceeds from any tax Iha& we mighc impoac just to handle the money. He noted we are not seeing lhal when we handle tbe _,-in this manner. it all lJOCS into tbe Utility. it is all accounted in the Utilily Fund. He pointed out it is actually cutting out a layer of burcaucracy by not going through the County. Council Member Clapp commented that the legality issue llill kind o( bothcn her and that she needs to clarify this with Dan. in her own mind. She qucstioacd.. if you arc a*ing somebody to make up back payments on a Concrete Utilily. that that is not a tax. when Ibey ope in. City Attorney Brouman advised that when Ibey ope back in that docs not make it a tax. E-tllough, Ms . Clapp asked. Ibey aR llllkina up plll payments. Mr . Brotzman said lbal is comet. lhll lbal is jull I fai-issue for the propam 10 have them pay their share. But. she said. if Ibey arc asked IO bring their concrete up to llalldard, wllerc is I· 0 • -~------------------------- 0 • En&lewood City Couac:il May!!, 1997 Pace 12 the liability. She asked if ii is righl Iha! lhcn: is no liability. ii is jusl a numbers. City Attorney Broizman said Iha! is right Council Member Habenichl asked if they would hhe lo do bolh. bring !heir COIICfflC up IO 5laDdard and pay. Thal ii wouldn'I be either or. City Attorney Brotzman Slated ii would be bolh. 1bc City Clcrt was asked 10 read Council Bill No. 14 by lille: COUNCll.. Bll..L NO. 14, INl'RODUCED BY COUNCll.. MEMBER VORMl1TAGIHABENICHT A Bll..L FOR AN ORDINANCE CREATING A CONCRE'IE lTl1LlTY AND CONCRETE lTl'll..ITY EN1ERPRISE FUND FOR 11iE CITY OF ENGLEWOOD. COLORADO . 11IE PURPOSE OF nus ORDINANCE IS TO PROTECT 11IE PUBLIC HEAL TI{, SAFETY AND WELFARE AND TO COMPLY Wl11f ALL APPLICABLE FEDERAL AND STATE LAWS WHICH REGULATE 11IE CONCRETE lTl'll..ITY BY CREATING IN 1TIU! 12. A NEW CHAP1cR 8 -CONCRETE lTl1LlTY AND CONCRETE lTl'll..ITY EJlrlEU'RISE FUND. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO Al'PllOVE AGENDA ITEM 10 (a) (I) -COUNCIL BU.L NO. 14. Motion carried. Ayes: Council Members Vorminag, Wiggins. Habenichl, Waggoner, Clapp, Bums Nays : None ••••• (iii) A recommcndllion 6-the Dq,anmeals ol Adminisualive Services and Financial Services IO adopt a bill ror an ordiaance amending the Firefighters . Pension Fund and Pcnnanen1 Disability BcnefilS -considered. Mayor Bums llaled Iha! one of the queslions be has. ol City Attorney Brauman. is whether we an: lalking aboul rcgu1a1ory mauas as rar as the pemioa 11aan1 is a,acemc,d ud bow lllil ia11y -a ialo dial. Also, whether they hhe an opportunity. since dais is ftnl reading. IO~ fillther CXlllllllelll or ftanlia- input by the lime we have aaolher reading. City Aaomcy Broumaa explained Iha! Council bu le\'el'al methods ol oblaining public comment One is, al IOCOlld reading. lbcy aiuld aJIIIC bacl IO Council and sign up as a scbeduled visitor, which pa them 1e11 minma. They can also submil all ol lllis in writing 10 Council prior IO the ~ reading. Thal way, be DOied, Council can be informed ol lbeir polilion OIi !his mancr . Mayor Bums asked if Couacil wallled IO lablc ii, after rccciving Iha! informalion, dial lbcy could do Iha! IOO . City Attorney Brotzman said ya. Council Member Waggoner DOied lhcn: -a quellion IOllighl lboul the affecl on lhc Ullftanded liability . He said he would like ~ IO add,-dial laler OIi bef'o,e IOCOlld reading. Council Member Vorminag asked if Couacil aiuld Fl lhc infonallioa he -lalking lboul, prior to die two weeks . Mayor Bums DOied Mr. Sm)' -lalkia& lboul submilling something IO Council ud be - DOI SUR bow quietly be aiuJd do dial. He asked Mr. Sm)' IO --* OIi wllen he would lllllail tllal. Mr. Sm)' llaled be would jllll lille Ille opponunity IO Fl a padra or jllll lit and lalk wida Council . However. be DOied, Council would lille 11D do dial in Ille ftilure . He aid be jllll needed a lialc lime ID be able IO Fl duaup Ille reacan:b and briq dlas dlUlp up ID c.-il. 111 lie -'I _ii* llllilll, 111 lie would ~ .,.,.,,bin& IO show Council . Council Manllcr HallCllidll opined tbll all ol Council .-to look II and lilleD 11D the conccnis dial Mr. Say a SIie asked if Mr. Say a,uld ..-dlas - IO Council in wriliq. as one al Ille dlillp dial Couacil is fldaa ripl -is a very, very IIIM'y ....._ ... I· 0 • . .--------------------------- En&lewood City Council May 5, 1997 Pqell 0 I • - or study scssioas and that it sounded like he bas -concn:u: informal.ion . Then, she said. as Mayor Bums suggesled. if be makes a presenw.ion on second rading, if there still seems to be more information Council would need before they make a decision. maybe Council could !able it at that point Mayor Bums said that is what he was thinking. that they could evaluate it then. In response 10 Mayor Bums, Mr. Seay agreed that was fine . The City Clerk was asked to read Council Bill No. 40 by tide: COUNCIL BILL NO . 40, INmOOUCED BY MAYOR BURNS A BILL FOR AN ORDINANCE AMENDING Tl1l.E 3, CHAPTER I, SECTION I. SUBSECTION 2, OF TifE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO FIREFIGHTERS' DISABILITY BENEFITS . MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (iii) -COUNCIL BILL NO. 441. Ayes : Nays : Motion carried. Council Members Vormittag. Wiggins. Habenicht Waggoner, Clapp. Bums None . .... (vi) A ra:onuncndalion from the City Manager's Office to adopt a bill for an ordinance amending the Englewood Municipal Code rqanling Liquor in the Parks was a>DSidcred. Council Member Wigim llad be is kind o( clismlyed al Slaff" nx: _, i F ding this. Number one. be said. he thougbl they had a prcay FOCI idea o1 bow this Council. and Dlllll pn:vious Councils. have felt about alcohol in our parks. Mr. Wigpns opined tbal it bas been oac ol the IIUdards. why wc have such FOCI parts in our City. bccaulc wc do not allow alcollol in them. He cmphaliml be will figbl having alcohol in the parts UDlil the day be dies. But be IIOled. wc Fl a requr:s& from South Subwtlu. from Mr. Kevin Green. and be brinp up a few islucs such • can they have beer and wine for special e\'ellll. can they bring it into lllc pmt and can it be p,en away. can it be uled • prize for puticipuu in baldlall IOUrllaanlS. Well. be said. if Mr. Green bad seen a lot o( the clrinkiDg tbal goes OD after all bill games as it is, and it is illcpl, be would know that it is no FOCI to have it in there. Mr. Wigpns pointed out that wbell South Subwtlan .. -tblll pldt. and they wanted to make it inlo Comcrstonc Park. at the old South Dmc In there OD the nonh side oCBdlcvicw. that they wen: well aware. and wc brougbt it to their attention, that Englewood docs not allow alcohol in its pub. So, be llaled.. it is not that they dicln 't know what was going on. that they walked into it with their eyes wide open . Mr. Wiggins advised that the second fad that botbcn him is that alcohol causing our offic::crs to have to respond 10 dmnkcnnas and thinp that occur in a pldt like that and wc do not dcri~ any taxes from South Subwtlan for anything that goes on in there, except for maybe a pop machine where wc would Ft some taxes. He poinled out wc arc having to have our offic::crs respond to South Subwban's problems. not Soulh Subwtlan. Council Mcinbcr Wiggins llad that be docs not wan& to put another bunlcn OD our police dcpanmcnl. so, he reiterated. be is totally apillll it. And~. be said. be would 1110Ye to lablc the ilCIII . City Aaorncy Brawnan explained dull this makes it more l'CIUic:tiw llllicr than lcll. Rigbl -· be advised, the provision under cxcmp1ion says that the palllllClllal elllity ownina and CllllllnJllina the prcmixs makes this dr:lennination . He poillled OUl that the pldt COIIIICil Member Wiginl jull mentioned. is owned ud OOllllOlled by Soutll Subwtlan . Thal -South SubUltllll may 1M permission oa its owa. He DOied dial whal this says is tblll there is a ipllCill permit 6--Liquor Licensing Board. City Attomcy Bniuman advised that the cunm1 pnMlion gives diem tile aulllarity 10 .. • • Eapewood City Couac:il May S, 1997 Page 14 • 0 I • • grant pcnnission, staff's belief' was that Council did nol want South Suburban w have that power and authority . Which, be noccd, is why staff has submitted this propoeed amendment. which tmkes them go to our Liquor Board for a Special Events License, if al all. Council Member Wiggins stared be understands. City Manager Clark noted that in addition the City of Englewood could conceivably grant an exemption. He said that be understands there is a procedure for which the City Manager could do it, but that in the three years be has scm,d the City be has never had a request for an exemption. H-. be opined. that by deleting this exemption, if anybody wanted to do an exemplioo they would have to go to the Liquor Licensing Authority . He poinled out that srafl's OODCCm under the cunmt language is• Mr. BflllmlaD indicated, that as South Suburban is the owner and c:ontrollcr rl the perk in question, they can grant themselves an exemption and there would be nodling I.bit the City Council, the Liquor Authority or the City administniuon could do about it. So, be said. they are reoommcading approval of this. Council Member Wiggins Slaled that be lakes blct his request to table. The City Clcrt was asked to read Council Bill No . 39 by tide: COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER JC, SECTION 3, OF TifE ENGLEWOOD MUNICIPAL CODE 1985 WHICH PERTAINS TO POSSESSION OF INTOXICATING LIQUOR IN PUBLIC . COUNCil.. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (vi) -COUNCIL Bll..L NO. 39. Ayes: Council Members Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. • •••• (vii) A n:cornmcndation from the Englewood Housing Authority to adopt a bill for an ordinance approving the sale rl live Project Build propcnics was considered. Mayor Bums explained I.bit he asked that this be pulled becaulc. as Chairman rl the Englewood Housing Authority, be always abaaias from these matters. He requested that Mayor Pro Tcm Habenicbt conduct any discussion on this issue. Council Member Clapp DOied that she was told by a realtor. and she wanted to know if it was fact, that within a property deed illelf' you can ask that it always be owner occupied. City Attorney Bl'CICZllllll llated that -is yes. but the other question is do M bave the manpower to actually enfon:c that. Bul. be noccd, they can actually make that a COYCDUt in the deed. Housing Specialisl Nader explained that they cnfon:e it for three ,an. wlaich umaUy puts 111 in the po&ition that the prices rl the houses we are Idling. puts it in tbe price ru,e that we bave -had a problem with a rental, we bave always gone IO owner occupied. eec-, be adviad, tbe price range we are looking at. they can ·1 rent them. 1MB after three years. The City Clcrt was asked to read Council Bill No. 35 by title: •. I· , • En&lewood City Council May 5, 1997 Pace 13 0 I • - of study sessions and that it sounded like he has some concrclc information. Then. she said. as Mayor Burns suggesled. if he makes a presentation on second reading, if tbcn: still seems IO be more infonnation Council would need before they make a decision, maybe Council could !able it al that point. Mayor Bums said that is what he was thinking, that they could evaluate it then. In response to Mayor Burns. Mr. Seay agreed that was fine. The City Clerk was asked to read Council Bill No. 40 by title: COUNCIL BILL NO . 40, INTRODUCED BY MAYOR BURNS A BILL FOR AN ORDINANCE AMENDING Tl1l.E 3, CHAPTER 8, SECTION I, SUBSECTION 2, OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO FIREFIGIITERS' DISABILITY BENEFITS. MA VOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (iii) -COUNCIL BILL NO. 40. Ayes : Nays: Motion carried. Council Members Vonnittag, Wiggins. Habenicht, Waggoner, Clapp, Bums None * •••• (vi) A rcamuncndation from the City Manager's Office to adopt a bill for an ordinance amending the Englewood Municipal Code rcganling Liquor in the Parks was a>nsidercd. Council Member Wiggins stated he is kind of dismayed al Slaff rcc:ommcnding this. Number one. he said. he thought they had a pretty good idea of how this Council, and most previous Councils. have felt about ala,hol in our parks. Mr. Wiggins opined that it has been one of the Slandards. why we have such good parts in our City, because we do not allow alcohol in them . He emphasized he will fight having alcohol in the parts until the day he dies. But. he IIOlcd. we get a request from South Subwtlan, from Mr. Kevin Green. and he brings up a few issues such as can they have beer and wine for special events. can they bring it into the part and can it be given away, can it be used as prize for participants in badlall tournaments. Well. he said. if Mr. Green had seen a lot of the drinking that goes on after all ball pmcs as it is. and it is illegal. he would know that it is no good to have it in tbcn:. Mr. Wiggins pointed out that when South Suburban took over that park. and they wanted to make it into Cornerstone Put. al the old South Drive In then: on the north side of Bcllcvicw. that they wen: well aware. and we brought it to their anention. that Englewood docs not allow ala>hol in its parks . So. he Slated. it is not that they didn't know what was going on. that they walked into it with their eyes wide open . Mr. Wiggins advised that the second fact that bothers him is that ala>hol causing our officers to have to respond to dn1nkenncss and things that occur in a park like that and we do not derive any taxcs from South Subwtlu for anything that goes on in there. cxccpl for maybe a pop machine when: we would get some taxes. He pointed out we arc having to have our officers respond to South Suburban 's problems. not South Subwtlu. Council Member Wiggins statcd that he docs not want to put another burden on our police dcpartmcnt. so, he reiterated. he is totally against it. And personally, he said. he would fflO\'C to table the ilCm . City Anomey Brotzman explained that this makes it more l'Cllridi\'C rather than las. Righi now. be advised. the provision under exemption says that the gcwaruncnlal entity ownina and aintrollina the premises makes this dctennination . He pointed out that the park COUIICil Member Wiginl just mentioned. is owned and a>ntrollcd by South Suburban . That means South Subwtllll may give permission on its own . He noted that what this says is that lhcR is a special pcnnit from our Liquor Licensing Board. City Attorney Brotzman advised that the cuna1 provision gi\lCS tllan die aulbority to • •• 0 ----------------------.. ,----------------------------.-~ • Ea&tewood City Council MayS, 1997 Pase IS 0 I • • COUNCll. BILL NO . 35 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDlNANCE APPROVING 11iE SALE ON 1HE OPEN MARKET OF FIVE PROPERTIES, WHICH WERE DEVELOPED FOR 11iE "BUILD" PROJECT. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (vii) -COUNCD. aw. NO. 35. Ayes : Council Members Vonnittag, Wiggins, Habenicht. Waggoner. Clapp Nays : None Abstain : Mayor Bums Motion carried. • •••• COUNCD. MEMBER IIAISENICBT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 {It) (i), (ii), (iii) aail(iY) ON SECOND READING. (b) Approve of Ordinances on Second Reading (i) ORDINANCE NO . 29, SERIES OF 1997 (COUNCIL BILL NO . 26. INTRODUCED BY COUNCIL MEMBER VORMJ1T AG) AN ORDlNANCE APPROVING AN INTEROOVERNMENT AL CONTRACT BElWEEN 11iE ST Ale OF COLORADO FOR 1HE USE AND BENEFIT OF 1HE COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF nANSPORTATION SAFETY (COOT OTS) TO RECEIVE OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL IOGHW AY SAFETY GRANT FUNDING FROM APRIL. 1997 TiiROUGH JUNE. 19911. FOR 11iE PROMOTION OF SEAT BELT AND CHll.D SAFETY SEAT USE lN COLORADO AND 11iE ENFORCEMENT OF LAW lN 1HE CITY OF ENGLEWOOD, COLORADO . (ii) ORDINANCE NO. 30. SERIES OF 1997 (COUNCIL BILL NO . 30. INTRODUCED BY COUNCIL MEMBER VORMITT AG AN ORDlNANCE ENACI'ING A NEW nn.E 5, CHAP1ER 21. OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 EN1111..ED BODY PIERCING ESTABLISHMENTS AND AMENDING nn.E 7. CHAPlcR 6E, Wl1lf 1HE ADDmON OF A NEW SECTION 6, EllmTLED BODY PIERCING . (iii) ORDINANCE NO . 31. SERIES OF 1997 (COUNCIL BILL NO . 32, INTRODUCED BY COUNCIL MEMBER VORMITT AG AN ORDINANCE AUTHORIZING AN INTEROOVERNMENT AL AGREEMENT BETWEEN 1HE CITY OF THORNTON. COLORADO AND 11iE CITY OF ENGLEWOOD. COLORADO FOR AN EXCHANGE OF 1HE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO TifE CITY OF THORNTON lN REnJRN FOR SAND/SALT. HOT MIXED ASPHALT. OR CRUSHED AOOREGA1c MATERIALS. (iv) ORDINANCE NO. 32. SERIES OF 1997 (COUNCIL BILL NO . l6, INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A CONTRACT FOR 1HE ENGLEWOOD PUBLIC LIBIWlY FOOD AND BEVERAGE SERVICE . .. I· 0 • Easlcwaod City CoullCil MayS, 1997 Pqe16 • • , . • Ayes: Council Members Vormillag. Wiggins, Habeaicbt, Wagoner, Clapp, Bums Nays : None Motion carried. ••••• Mayor Bums noted dial Comlcil Member Clapp bad pm'ioully n,quaa,d IO 1a111M Apada leem IO (c) (viii) from lbe Consent AFada-He albd lier if sbe lli1l WlllliCd ID do dial. Ms. Clapp aid sbe licll, after questiooing Ms. Douaay, dial if we ue not pnpared to ID ilnwanl with a llft library or anydliDa m dial aatwe and these things -.Id be an aaet IO lbe City, and lbe building stJucCIR itself and die people -.Id benefit from it, then sbe -all right with it. COUNCIL MEMBIER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PllOVE CONSENT AGENDA ITEMS 10 (c) (i) THROUGH (Yiii). {C) Resolutions and Motions (i) RESOLtmON NO. S2, SERIES OF 1997 A RESOLUTION FOR A SUPPLEMENT AL APPROPRIATION OF nm 1997 BUDGET FOR nm CITY OF ENGLEWOOD, COLORADO. (ii) RESOLtmON NO. S3, SERIES OF 1997 A RESOLUTION ESTABLISHING FEES FOR BODY PIERCING LICENSES UNDER 1111.E 5, CHAPT£R 24. OF nm ENGLEWOOD MUNICIPAL CODE 1915 . (iii) RESOLtmON NO . S4, SERIES OF 1997 A RESOLUTION AIJl1IORlZlNG AN AGREEMENr Wl11I RANDALL .t. BLAKE. INC. FOR nm CONSTllUCTION OF A WATER LINE EX'ffiNSION LOCA'JB> AT SOU11f WINDERMERE STREET AND WEST UNION A VENUE FOR nm CITY OF ENGLEWOOD, COLORADO. (iv) nm PUROIASE OF A PICKUP TRUCK FOR nm PARKS AND RECREATION DEPARTMENT FROM ACADEMY INC . OF COLORADO SPRINGS IN nm AMOUNT OF SlO.UJ .00. (v) nm PURCHASE OF A MOWER FROM COLORADO GENERAL EQUIPMENT IN nm AMOUNT OF $53 .704.00 (vi) nm PURCHASE OF A TEN YARD DUMP TRUCK FROM TRANSWEST TRUCKS. INC . IN 11IE AMOUNT OF $56,271 .00. (vii) nm PURCHASE OF A TEN YARD TANDEM DUMP TRUCK PROM TRANSWEST TRUCKS. INC . IN nm AMOUNT OF $56,225 .00. (viii) CONTRACT Wl11I ASH ll Wllrm CONSTllUCJ10N COMPANY IN 11IE AMOUNT OF $333,500.00 FOR 11IE LIBRARY'S REMODELING PROJECT . .... .. •· • Eaclewood City Council May 5, 1997 Pqe17 ·, • , . • Ayes : Council Members Vormittag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays : Nooe 11. lleplar Apela (a) Approval of Ordinances on First Reading (i) Neighborhood Dadopmenl Coordinllor Graham presented a rea,mmencwiaa from tbc Dcpu1menl of Neighborhood and Business Dewlopmcal ID adopt a bill for an ordinance amending tbc Comprehensiw z.oning Onlirm repnliq PIIWD and Auto Pawn and ID • a public bearing for ]UDC: 2. 1997. He explained dial Ibis is an ,mple e I Mi-In llep ID tbc Soudl Broadway AClioa Plan . Scaff" is eequesting. be advised. dial Council set a pubic bearing Oil JUDC: 2nd ID discuss Idling disWx:e limits on pawnshops. where Ibey -ould be separad by a cliSWICe to prevent fuetber conccntnlion of them. The City Clerk was asked to n:ad Council Bill No. 46 by title: COUNCIL BILL NO . 46. INTRODUCED BY COUNCll. MEMBER HABENICHT A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAP1ER 4, SECTIONS 10, 12. AND 13. OF nm ENGLEWOOD MUNICIPAL CODE 1985. PROHIBITING PAWNBROKERS AND Al.TTO PAWNBROKERS IN 111E 8-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND AUTOMOBil.E PAWNBROKERS AS PERMJTl1ID PRINCIPLE USES IN nm B-2, BUSINESS DISTRICT WTm DISTANCING REQUIREMENTS; AND ALLOWING PA WNBROICERS AND AlITOMOBil.E PAWNBROKERS IN 11fE 1-1 INDUSTRIAL DISTRICT AS PERMlT11:D PRINCIPLE USES Wl11f NO RESTRICTIONS . COUNCIL MEMBER IIAIIENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCO. BILL NO. 46. Ayes: Council Members Vormiaag. Wiggins. Habenicht. Wagoner. Clapp. Bums Nays: None COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO sn A PUaLIC llltAIUNG FOR COUNCIL BILL NO. 46 FOR JUNE 2, 1"7 AT 7:JI P.M. Ayes: Council Members Vonaillla, Wiggins. Habenicbt. Waaoaer. Clapp. Bums Nays : Nooe Motion carried. (ii) Planning Coordinator Stitt pramed a m»mmendarion from the Oepanmeat o( Neighborhood and Business ~ to adopt a bill for -onliDucc ameadiq the ComprebeasiWI Zoning Ordinance repnliq Tcmponry EaployW Scrvicel ud to llil a public beariaa for JUDC: 2. 1997 . He explained dial Ibis is alao an iq:I Mio-111cp to tbc Soudt Broadway AClioa Plan. • Mr. Graham Uldicaed wilh tbc previaul imec. He .... Ibey -requelliq dull c:c-cil eaablisb Jwee 2. 1997 • a public bearills dale ID '1INlliclcr 1 CJ ID tbc C4lllpf t ·ve .zo.iaa Orclinancc eelaliw ID tcmpOrUy employ-.. lCIVic:CI ia tbc 8-1. 8-2.1-1 ud 1-2 Z-Dillricll. The City Clcrt -aaed ID n:ad Council Bill No . 47 by tide: •· , • . .----------------------,,-----,, 0 - En&lewood City Couacil May 5, 1997 Page 18 COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING 1111.E 16, OIAPTER 4, SECTIONS 10, 12, 13 AND 14, AND OIAPTER 8, SECTION I, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985 , TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTRICTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDmONAL USE IN 111E 1-1 AND 1-2, INDUSTRIAL DISTRICT, WITH DISTANCE REQUIREMEIIITS . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) {U) -COUNCIL BILL NO. 47. Motion carried. Ayes: Council Members Vormittag. Wiggins. Habeoicbt. Wagoner, Clapp, Burns Nays : None COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBUC BEARING ,OR COUNCIL BILL NO. 47 ,OR JUNE 2. 19'7 AT 7:30 P.M. Motion carried. Ayes : Council Members Vonnittag. Wiggins, Habenicht, Waggoner, Clapp, Burns Nays: None (iii) Diftc1or Gryglewic:z presealCd a rocommenclalion from the Dcputmeat ol Financial Services to adopt a bill for an onliaaace adding a new leClion iepnling Auto Pawnbrokers to the Englewood Municipal Code . He advml dial dlis bill for an ordinucc, if...-, -.Id adopt a new Tide 5, Cbapfcr 16 Au1o PawnbnJllcn to die City Code. Tlais new liceas. be said. -clilcuad with Council in Jwmy ol 1997. He DOied dial lmicaUy it is rally an all sbool ol the Pawnbnllta 's l..icalle and it follows lllal format . Mr. Gryglewicz adviml dial Ncigliborhood and Business De\elopmenl rcquc:stcd dial it be brullea out by for 7aling purpolCS. The City Clcrt -ulled to rad Council BiU No. 44 by tide: COUNCIL BIU. NO . 44, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE ENACTING A NEW 1111.E 5. OIAPTER 16, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AlTTOMOBILE PAWNBROKERS AND WHICH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 25 . SERIES OF 1996 WHICH PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'l'aOVI AGENDA ITEM 11 (a) (W) -COUNCIL BILL NO. 4'. Ayes: Council Members Vormittag. Wiggins. Habenichl. w...-,. Clapp. Burns Nays: None Motion carried. (iv) Mayor Bwns llaled tbal Ibis Agenda Item is a rocomwn lillioe ha die Department ol Finaacial Services to adopt a bill for an onliauc:c iqalina the "Auto W..::lwla 18d JuM Yarcls" section ol the Englewood Municipal Code and adding a -leClion Clllided "Aalo Slmtfe 18d Recycled Malcria1a y arcls." "' I· 0 -----------------------,.,---------------------------- • Enpewood City Council May 5, 1997 Pace 19 0 I • • Council Member Habenicht asked if it would be appropriale to have a public bearing on this one too, al the same time that Council bas the other two. Mayor Bums commented that we already have two public hcariDgs on the same C\'ffling. Ms . Habenicht opined that they an: rdalcd. City Attorney Brottman DOied that Council may have a public bearing, but that they an: all CXlllling for second l'Clding at the same time. Director Gryglcwicz advised that this bill for an ordinance, if passed tonight, would rq,ea1 Tide 5, Chapter IO oCtllC City Code, Aulo Wra:king, which is pracnlly in tllC moratorium and enacting a new Title 5, Chapter IO. Auto Salvage and Recycled Malcrials Yards. He opined that the IIIOll significant change in the license really is the title, that the amtcnt bas basically stayed the same. Mr. Gryglewicz advised that Council discussed this at the February 18, 1997 Sludy Session and staff' met wilh owners of these yards and received their input. He noted that basically they had no real commcot wilh the license. Mayor Bums said then this is mainly a change oC description. Director Gryglewicz Slaled basically yes. that they didn't like the tennjunk yards. that that was really their major conccm. The City Clert was asked to read Council Bill No. 45 by title: COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE REPEALING T11l..E 5, CHAPTER 10. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTO SALVAGE AND RECYCLED MA'JEUALS YARDS AND ENACTING A NEW CHAP'IER 10. AND WHICH REMOVES AUTO SALVAGE AND RECYCLED MATERIALS YARDS FROM ORDINANCE NO. 25. SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PIIOVE AGENDA ITEM 11 (a) fw) -COUNCIL alLL NO. 45.. Motion carried. Ayes : Council Members Vormittag, Wiggins. Habenicht, Wagoacr. Clapp, Bums Nays : None (v) Dira:tor Gryglewicz presented a rccommendalioo from the Depanmcat oC Financial Services to adopl a bill for an ordinance enacting a -section IO the Englewood Mullicipal Code regarding Pawn Brokers. and removing this license from tllC naalorium. He explaiaaS 1h11 tbis bill, lfpaaed IOnigbt. would rq,ea1 Title 5. Chapter 12. Section 4 oCtllC City Code and~ a - Title 5, Chapter 15 Pawnbrakcn to die City Code . He noted 1h11 Ibis 1ice111c -di-=--d by~ oa January 13. 1997 a1 Sludy Salioo. Basically, be advial. Ibis lic:as bas DIil cllaapd. odler dml die rauictive houn oC opcra&ioo have bca ~ He anwr«at tllal if Council -.Id claift IO place l'Cllriaiom OIi bours. tllal ~ be dolle lluuugb caedilioul as ZDDillg. Siailar IO die way dlll tempOnry ~ ICl'Vica w done. Council Member Habeaiclll llaled 11111 slle lla -le\d al ....... i. ~ 11ow ~IIMllilll badl the pawnbrollen and tcmpOrary employmem arablist tt bave bca wl 1h11 we an: UWII p!lblic hcariDgs OIi botll al thole. ol llJUII ahead ... paailla tbeae .-ii -"-eucdy wllat --.... Because, slle paiDICd out, tbese -.Id be lifting die moraaoriua City AIIOnley ~ cxplailllll dlll Council pa-1 the other ilCIIIS on firsa readia1 IOaipt • well . Couaci1 will be baviaa public i..iap oa the :zoning i-. so if Council wants to change anytbias oa BOlld rcadin& on any fl tbclc, apia. dicy an: all being bnJusht to Council II the same time. Couacil Member Habeaiclll aud wbca Ille .-at fl the licelllc from die moraiorium Ilka place. Ci1y AllOrDey BrOIZmu aid 30 days after Council a--ii OD final radiag. Paa wbal, Ms. Habenicht med. Mr. Bnllzmu aid Ibis paniaalar onliaaaa:. I· 0 ___________________________ ,_, ________________________________ _ • 0 , . • Enclewood City C1N1acil May!l, 1997 Page 20 Council Member Vonnittag commented that he thought wc already had houn for pawnshops set until 10 :00 at night City Attorney Brotzman said yes, but that Sfaff' cannot recommend those bows apia. that that is a Blue Law and Sfaff' cannot recommend that. He explained that Council can put that in oae of two places. One is in the lic:ensc as it currently is or they can make ii a conditional zone, which they did wilh temporary employment.. to bring up each business individually and look at their houn. Council Member Vormittag staled he would like to put it back into here. COUNCR. MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO AMEND AGENDA mM 11 (a) M -COUNCIL BILL NO. 43, TO STATE TIIE HOURS (TIIE SAME AS ITISNOW). Motion carried. Ayes: Council Members Vormittag. Wiggins. Habenicht.. Waggoner, Clapp, Buras Nays: None The City Clerk was asked to read Council Bill No . 43 by title : COUNCll.. Bll.L NO . 43, INTRODUCED BY COUNCll.. MEMBER VORMITIAG A Bll.L FOR AN ORDINANCE REPEALING TITLE 5, CHAP1cR 12. SECTION 4, OF 11fE ENGLEWOOD MUNICIPAL CODE 19115 PERTAINING TO PAWNBROKERS AND RE-ENACTING A NEW CHAP1cR IS, AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO 11fE MORATORIUM OF LICENSES IN 11fE CITY OF ENGLEWOOD. COLORAOO. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA mM 11 (a) M -COUNCIL BILL NO. 43. Motion carried. Ayes : Council Members Vormittag. Wiggins, Habenicht.. Waggoner, Clapp, Bums Nays : Noae (vi) A m:nmmcndatioa from the Dcpanmenl of Financial Servia:s to adopt a biU for an onliullce enKling aew leelioa a/the~ Municipal Code rqanling Tempon,y Employment Ealblishmm!I W cwidered. The City Clat w asked to read Council Bill No . 42 by title: COUNCll.. Bll..L NO. 42, INTRODUCED BY COUNCll.. MEMBER WAGGONER A Bll..L FOR AN ORDINANCE REPEALING 1111..E 5, CHAP11:R 13 . OF 111E ENOLEWOOD MUNICIPAL CODE 1915 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE- ENACTING A NEW CHAPTER 13 , AND WHICH REMOVES TEMPORARY EMPLOYMENT SERVICES FROM ORDINANCE NO . 25 , SERIES OF 1996 WHICH PERTAINS TO 11fE MORA TORJUM ON LICENSES IN 11fE CITY OF ENGLEWOOD. COLORADO . COUNCIL MIMBIR WAGGONla MOVED, AND rr WAS SICONDID, TO APPROVI AGINDA mM 11 (a) (vi)· COUNCIL BILL NO. 42. COUIICil Mclllber Habeaic:bl albd ii..-. ol lllil lmip& will ia uy way d'ca bow Ibey ca or cu 't YOIC OIi item 11 (c) (i). City Aaonley Bnllzmaa aid DO . So. Ma. Habeaidll llid.. Ibey cu \'Ole yea OD Ibis and DO oa die Olhcr ud dlerc is DO pniblea lrilll lllal. Mr. Broczaa aid dial is eonec:t. He .. 0 I· 0 • En&iewood City C1N1ncil May 5, 1997 Pacelt • 0 • .. a,mmented that he should provide an explanation. not on lhis item. but the one below. He advised if she is looking al inserting a grandfadler clame, Planning and Zoning dido 't recommend one. but if she is thinking about doing a grandf'atber c:1ausc. it makes a \'Cry odd position to add a grandfather clause and prohibit this business from a>ntinuing down below. Mr. Brouman advised that if that is going to be a proposal she needs to take that into a,nsidcration. Voteraaltl: Motion carried. Ayes : Council Members Vormittag, Wiggins, HabcnichL Waggoner, Clapp, Bums Nays : None (b) Approval of Onlinancics on Scamd Reading There -no additional items submitted for approval on second reading. (See Agenda Item 10 -Consent Agenda.) (c) Resolutions and Motions (i) Director Gryglewicz praiented a recommendation from the Department of Financial Services to approve a motion allowing Stand By Personnel to operate in the City oC Englewood for four months without a proper license. He advised that Steve Cogswell. representing the new owners of Stand By addRssed Council al the regular meeting on April 21 • requesting four months to operate without a license until they oould move out oC the City. He noted that Slaff did not proc:c,ed with any cnfon:ement action until Council oould dilcua and Connally address Ibis iSIUC, which this motion would make . Mr. Gryglewic:z SlalCd that slaff' bas wriacn a pn,poml IIIOlion. to allow them to operalC for four months. which is included in die Council Communic:atioa that Council received in their pac:kcU. He pointed out that Slaff does not really ba\'C a position on this issue. that Council can amend this in any form they like. Council Member Clapp med wllo is ,cspuasiblc for cnfon:iag iL wbat dcpartmeat. City Manager Clark said die Police Dq,artment. Duectar Gryglcwic:z Slated be would. • die licensing Clftic:s. He advised that be did not actually "-that tlley bad beal pun:baled until die Council meetiag oa die 21 •. Ms. Clapp said, jllll for clarificalioa. that thcy -illepUy openliq witboul a liccnle cumndy. Mr. Gryglewicz SlalCd that is uue, ., if COUIICil would decide to enforce, we would pn,c:eed immediarcly. He advised that the only ..-thcy didn 't ii becallC the new owner bad made a reqUCII and thcy, oC munc. wanted to allow Council to mllc lllll da:ilioa. Council Member Clapp med if 11111 Moaday lligllt -die finl time that he informed anybody al die purclme al Slaad By . Dircaar Gryslewicz advised that Slaff bad bcanl ...-, that t11ey bad been purchased. When we tried to c:m1aet tbea. lie said, they would not -our ~ • to whaber thcy bad been IOkl. So the lira lime -aaally bad FOd Cllllftrmmioa -II die Couacil IIIIICUIII OIi Ille 21• when die new owner add,-1 Council . So that ii wllea we really knew . he DOied,-.. they would not answer our quesaica. Council Member Clapp med if we know wllea they acwally purcbased Stand By . DirccfOr Grypewic:z Slated be thought it -Marcb 31 •. Council Member Waggoner ltlled that he would make a motion in onkr to pc this on die 11111c and si,lc Slaff direction. I· , • E•Ciewood City Council MayS, 1997 Pase 22 0 I~ - COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO ALLOW ST.AND BY PERSONNEL TO OPERATE IN 11IE CITY OP ENGLEWOOD FOR FOUR MONTHS WITHOUT A PROPER UCENSE AS UQUIRED BY 1111.E 5 OP THE CITY CODL Council Member Habenic:ht llared she seconded the IIIOlioa, in order to pu1 it oo the table for discussion. Mayor Bums notal dial a lol olb!!Sic: lbaa aR licea-1. illcluding liquor b!•sinesses and so forth. they close oo the condition lbaa the lic:eme can be lllligned or tramfemd. He asked if anybody appruacbed the City with repnl to tbat. Direclor Gryglewicz Slid DO, wbea -heard that they had been sold, -did contact them. Because. he noted, -knew that they would be openling without a license . So. he rateraled. no ooe contactcd us to l111111fer that lic:eale and they would not tell us that they were sold. they wouldn't confirm tbat. Council Member Habenicht withdrew her second. COUNCil. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 11 (c) (I). Council Member Waggoner asked what kind of direction this gives staff. City Manager Clark advised we will shut them down . Mr. Waggoner said that he would just like 10 give stafJ a little 1110R direction. that if Council were to vote no on the original motion. that would seem to give them better dim:lion. Mayor Burns asked if there were any legal issues. City Atlomey Brotzman explained that actually, to make the motion. second it and then vote no. would be more directive and appropriate. Council Member Waggoner agreed. Council Member Clapp said not necessarily. that she felt they already made a decision when they originally voted 10 license them and she fdt they aR jull saying they WOO 't consider anything but wbal they already have decided on. Council Manber Wagoner explained that his point is dial this is not rally answering the guy•s queslion. City Attomey B~ aid it is also a lol clearer 10 stafJifyou do it lbal way, 10 actually make the motion. second it and YOle no . Mayor Bums poilllCd out that the secoad -willldnwa. so the first motion is not oo the table . Thal the motion 10 table is bcfOR: Council . He asked lhal CGUIICil YOte oo the motion lo table. Vote ..-lu N die..._ .. tallle: Ayes : Council Members Vorminag, Wiggins. Habenicht. Waggoner. Clapp Nays : Mayor Bums Motion carried. Mayor Bums explained thal the only reason he voted no -because he fdl it was more direclional to vote oo the motion and YOte it clown we a>uld do that . He poiared OUl thal no one on Council is WIiing in favor ol anything here. He notal the motion 10 table has paacd. But if the motion to pas would have been voted on. he staled. he would have voted no . Council Mcmber Habenicht asked if it mighl be clearer to -,body to have another motion . Tblt motion would be lhal the new owners ol Stand By Permnncl. OulSourc:e IDtcmalional. may not operate without a proper license. Or, she asked. is thal a moot point. She was advised that was a moot point. Unlell. Council Manber Waggoner staled. stall" doesa ·1 enforte this. Mayor Burns uked if there was any point in allowing them to openlC until Council vota OD the motion 0G the zoning. Or. Council Member Habeaic:bt aid. lhal Council -to deny their ...... SIie allllc:t if that would help . Mayor Burns quatioaed ifM haw a lepl problem here ifM drectMly .. ... down. becaulc they have been sold and the new pu,y is not licenlcd. City Attomey Bnitzmu llid 1111. that there may be a problem between this ~ ud the Idler. BocaUlc. he noted, they ._. 111w .. I· • Ea&lewood City Council Mays, 1997 Pa,:e23 • - given notice that this would have been a problem. because obviously they knew about the licensing, obviously they knew about the zoning i-. In fact. be thought the owner had said be ra:ogni7.cd what the problems were, coming in. He pointed out that thole are issues between the buyer and seller of this business. Mayor Bums said be thought be did say something about the fact that they were getting up to speed OD what the issues were . City Attorney Brotzman said yes. Mayor Bums opined that if be looked at the silllalion at all, anyway, be would have kMMI what the problem is. So, he said, he does not have a whole lot of sympathy for him on that score. But, he noted. the matter has been tabled and they don't have a lic:eosc. 12 . Gnenl DIICllllioa (a) Mayor's Choice I. Mayor Bums requested Council approve his cxpcnscs for the CML Conference. He noted he will pn,bably not attcnd as many days as Council Member Habenicht will, but it is the same total. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE EXPENSES ,OR THE MAYOR TO GO TO THE CML SNOWMASS VILLAGE CONRRENCE JUNE 1"7 IN AN AMOUNT NOT TO EXCEED SINI. Ayes : Council Memben V~aag. Habenicht, Waggoner, Clapp, Bums Nays : Council Member WiggillS Motion carried. 2. Mayor Bums advised tllat be liped a lcaer ... rill& IO Terri Olmsted. wbo came to Council tasa time about the problem with tbe owr....a pona paay . He IIGled dial Ww Ma 1 • lm lml a lcacr to lier also. He said he thinks tllat pniblea Ila beea taCII care al. but dial be tlloupl it -ioo bad tllat sbc bad to come to Council and ., tlnllp all die dial Ille ... IO ., dlnNip IO .. dial clac. So, be staled, they tnast that that won't bappeD apia. 3. Mayor Bums thanked Rudie Banldoac for lier tcMCC IO die City OYCr die lall eipl )'al'l aad willled her the best in the future. (b) Council Member's Choice (i) Council Member V.mittag Mlled c-il 10 appnlYC the funds for tbe Cleu, GRICII and Pruud GolfTourmaal al Fox Hollow. He said it will be SIOO per peru1 and be is loc*illg for a...,__ 'Thal will be S400 . COUNCIL MIEMalER BAalENICHT MOVED, AND rr WAS SECONDED, TO SUPPORT A JOURSOMIE IN THIE CLIEAN, GUIEN AND PROUD TOUIINAMENT. Council Member Waggoner said be -11111)'. but that be .-Id be wtiDg DO OD this beclulc be diapees with them JOing somcwhcrc die. illllCad of the Englewood Golf Cowx. Ayes : Council Membcn V~Da&, Habcaicbt. Clapp. Banis Nays : Council Members Wigial, W....-, Motion carried. Mayor Banis said that he undcntanda lbcle 1111 been a lot of prapaa ud dien!llioM ... briJ11U11 dlil toumamcnt back to the Englewood Cowx ud they hope thM pem1p1 next year thM QUI be c1Dac. .... ., I· 0 ------------------------..----------------------------- • 0 - .... Ea&lewood City CCN1ncil MayS, 1997 Pace:U (ii) Council Member Wiggins said. regarding the Belleview Part. Lions Club Train. that he saw something where because of the relocation of the tracks that they anticiplled opening up May 23..i . He swed that he just knows there is no way it is going to open. He asked if there is anyway they can get a definite date of when they anticipate reopening that Mayor Bums said he was going to mention that. He said he thought the bike path was going to swt constnlction in the middle of April. He asked~ wc ~ on that Director Esterly commented that to the best of his knowledge it is on scbedulc. Council Member Wiggins asked if anyone bu gone clown there and taken a look al il Mr. Esterly advised that Dira:tor Black was no longer in the mceling room . Director Esterly commented that he assumed the tracks have been tom up . Council Member Wiggins said yes, that the tracks have been tom up and that he understands they ~ putting in new track . Mr. Wiggins said that all he wants to know is if they -on target because it is crucial to the Lions Club lo run that during that time. Director Esterly noted that there is nothing to indicate that they -not on schedule. (iii) Council Member Clapp: I . She asked for some clarificat.ion on Stand By, that tomorrow wc will start closing that panicular business . City Anomey Brotzman swed that wc will give them notice tomorrow. She questioned the process for that. Mr. Brotzman advised that they should close after they have notice or they will be cited for operating without a license. She said okay, so they don'I have any grace period wha~. City Attorney Brotzman said no. Unless. Council Member Waggoner noted. they get an injunction. Mr. Brotzman commented that that is a coun proceeding and wc will sec if they get one. 2. She said she wanted to throw CNII a suggestion. if this has not already been done. that she felt the City should require any ianporary bathrooms that wc may have in the City. to require that they have an CIIIIClgcllC)' number clearly palled OIi the outside of the bathroom tbat a citizen could call. Mayor Bums said he tbought they havc a number. Council Member Wagoner commented tbat he tbought Ibey had a name and a leleplloac lllllllller. Couacil Member Clapp llaled they cloa't wort . Also. Council Member Habcnic:bt fell they allo lllould be visible from I distance. 3. SIie adviled dial Ille Im bccn specifically asked about a Housing Au&hority pruject tbat she IWOllld like to be able 10 lielp widl ad Ille clocln 't havc the annas. It is I propam. she aid. wllcR -.dlody can obtain ftuldl from the Housing Authority to improvc their property seven blocks Mil ud IIIMII blocks cast of Broadway . la dae specific areas . She said she might havc the distancing wrong, bul tbat it is several blocks off. dial sllc dlougllt he said seven . Mayor Bums said he tbought she wa talkiag about the rehab loan procnm and -the ycan it has been moved around the City. For illlllllCC they llflCl one section and then tarF1 uothcr la:lioa. then do it City wide . But he said tbal fnnkly he -DOI nan: of the seven blocks on the either side of Broadway . He reiterated dial it was City wide. dial you can ua the program . He commenled dial there~ 1 lat of rentals in dial area on either side of Broadway for t11111 CN" three blocks. which they havc k-. fCN" ycan ud havc -.npd people to panicipllC in the propam. Mayor Bums said dial he docs not know of any IIIMII blocb oa eitllcr side lllll is a anent larpted area. He pointed out that there havc been I llllmllcr of tlrl*d .,_ -die years. So. Council Member Clapp said. ii could havc been an old Waeted area. Mayor e.r. apml it migbl havc been an old llflCled area. cloac in the put. but that to his knowlcdfe -it is C ity wide 111d cui be Uled anywbcrc. (iv) Council Member Habcnichl : I. A resolution honoring Jim and Jaaic Taylor• Englewood's Citizens of the Year fCN" 1997 wa considered. The rcsolucion -auipod I amller 111d lad by title: I ·---~------------------.,---------------------------- • En&lewood City Coaacil May 5, 1997 Pace25 RES0LU110N NO . SS . SERIES OF 1997 0 I • • A RES0LU110N HONORING JIM AND JENNIE TAYLOR AS ENGLEWOOD 'S CITIZENS OF nm YEAR FOR 1997 . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 55, SERIES OF 1997. Mayor Bums noced that on the founh whereas when: we an: talking about Jim 's support for the Malley Recreation Center and Englewood Golf Course, !hat he didn't know if this a final draft, but that Mr. Taylor was very active in the original Simon Center Bond Election . Mayor Bums said lhat he n:mcmbers going around the City with him as we had a model of the building and they went from place to place to endorse that election . He said he would like to add that ifhe could, as another item lhat he worted on. Council Member Habenicht suggested they note Mr. Taylor's Sll'Ollg support for the Recreation Center. Council Member Habenicht ac:cepted the addition to the resolution and, as Council Member Vonnittag had scc:onded the molion. he also accepled the amendment. Vatr .-Its• die aedoll to approve the iael•tioll u --*ti: Ayes: Council Members Vormittag. Wiggins, Habenicht, Waggoner, Clapp. Bums Nays: None Council Member Habenicht commented that she did ask why all fl Council 's names weren't oa the l'C90llllioa aad C:-nic:alions Specialist Hoffhines said tllcft -·t enough room. So, she DOied. they just tboupl they would go with the Mayor's name. 2. A raollllioa supporting the Englewood HillOrical Socicly 's Depol Project -ClOlllidered . The raollllioa -assiped a nwnber and rad by title : RESOLU110N NO . 56. SERIES OF 1997 A RES0LU110N OFFERING STRONG SUPPORT FOR nm ENGLEWOOD HISTORICAL SOCIETY'S "HISTORIC ENGLEWOOD SANTA FE DEPOT RESTORATION PROJECT." COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 56, SERIES OF 1,,7. Mayor Bums explained that he -going to allllain from this vale. became the Housing Authority is in active negotiation with the Englewood HiSIOrical Society about this site and the rest of the land which the Housing Authority owns adjacent to the Depol. Ayes: Nays : Abstain : Motion carried. Council Members Vormittag. Habalic:bl. Wagoner, Clapp Council Member Wiggins MayorBums 3 . Council Member Habenicht noted that on the way hen: sbe IIOticed an upturned porta potty at Stanford and Fox in the greenbelt. •. I· 0 • Enclewood City CCN1acil May 5, 1997 Pace 26 • • • 4 . She said she wanted to echo Mayor Bum's comments and let the record show how much Randie Bartblome' s services have been appreciated. Ms. Habenicht noted that over the years she has been phenomenal and this will be a real loss to the City . . . . . . Regarding the porta poaics. Council Member Clapp asked if we can make them chain them clown or scc:ure them in some fashion. 13 . City M .... r'1 lleport (a) City Manager Clark disamed the Cinderella City Activity Report. He advised that the purchase and sale agreement is ready for Council review at Study Session next Monday night. The draft report was to be here today and we still haven't recei\led it. He noted that Mike Miller indicated be should have it to us tomorrow . Mr. Clark advised Council that if they do receive it tomonow, they will fonwrd it to Council overnight. He said he was not sure of the starting time for that study session. that he didn't want it to conflict with the Tent Talk and Citizen of the Year. So he was wondering if Council would be available to start at S:00. Because. he noted. the Tent Talk is scheduled to start at 6:00 and they are confident they can go over this within an hour. lfthal is okay with Council. Mayor Bums noted the E- mail. from Executive Assistant to the City Manager Sue Bradshaw, had it starting at S:30 and the Tent Talk at 6:00, and it would be virtually impoaible for Council to make the Tent Talk. City Manager Clark said his thought was they aJUld med over here and if they are done within an hour then they can go OD over to the Malley for the Tena Talk. Council Member Habenic:bt said that she would assume iftbey ran into problems. they aJUld always ~ it to later. Mr. Clark said yes, they can take wbalcw:r time Ibey want. although Ibey are piing to CIICOllrqe Council. if it is okay, to go OD first reading OD the 19*'. City Manager Clark advi9Dd that be talked to Equitable today repnling lease termillalions. No propca has been made with Wards and Ibey are holding back until Ibey make some fonwrd motion with Wards. He staled that the Mercanlile liclCllling agreemcnl. wbich -.Id audlorizc m and the Equitable' s contractor. has been completed by City Attorney Brotzman's Offia:. He noted be is taking one laa look al it and he called Mercantile today and iadicatal Ibey should cxpcc:1 that some time by the middle of the week he will Fed X thal to them. City Manager Clark noted Ibey U\'C met with the developer a couple oftim and Ibey are axnplering a revised development qreement. llripping out all al the references to the City Equilable apeemen1 and Mike Miller indicated this afternoon that that should be done mid-week . In addition. he advised. he will be ancnding the leasing fair at ICSC in two weeks and that Miller Kitcbell has invited him 10 sit in on some al the meetings Ibey are piing to U\'C with prospcctS and Ibey also hying to schedule a meetina with the Sony Loews Thealer people to kind aC give them a nan down OD the project swus . City Manager Clark advised that Ibey are doing a revised financial pro forma with Miller Kitcbell showing the pro forma with and without a ten acre calWd OUI. praumably for the MIIICUIII of Outdoor Arts . They are still womng on thoR numbers. He noted Ibey are also convening a staff meeting next week to review utility tap, plan review and building permit fee activity. .. I· • 0 '32xl • Eapewood City Council May S, 1997 Pqe27 • 0 , . • City Manager Clark stated they have scheduled Miller Kitchell to join the Council on May 19111 for about a half hour and discuss project SlalUs with them. Regarding the Museum ofOu1door Arts. Mr. Clart advised they arc continuing 10 develop a financial pro forma. He said they have given us some preliminary numbers on maintenance C05l and we an:: trying to get our numbers more refined with regard to pro rata share of developmcol C05l for any cam: oul of that sitc. He advised thal Ibey have also inviled the Museum of Ouldoor Arts lo spend about a half hour with Council on May 19•. Finally. be noted, be and Bob SimplOn will be presenting a position paper on the I~. trying lo pull all of this information, the financial pro fonnas rdaled to Miller Kitchell, and also with the MUICWD of Outdoor An. into somewhat ofa concise form so thal they can swt pulling all of these together. So they would like 10 spend about a half hour on the I~ with Council on thal. Right now, Mr. Clart DOied, they an:: shooting for the night of the 19• 10 be devoted. strictly, 10 the Cinderella City project . Mayor Bums asked if he thought a half an hour was going 10 be enough for either one of these. City Manager Clark said lbcy arc going to push and if they need more time. they arc going to lake more time. Council Member Clapp asked if Council is going 10 sil down with Miller Kitchell the same night as they sit down with the Cultural Ans people. Mr. Clark said yes . Ms. Clapp opined that Ibey an:: no1 very compatible. Mayor Bums noced they an:: separate meetings, that they an:: nol logetbcr at all. City Manager Clart advised that Ibey will be separatc on the agenda and they know about each other. Ms. Clapp said but it will be the same evening. in the same place. Mr. Clart said thal they don't think it is going 10 be a problem. In response to Council Member Vonninag. Mr. Clart noled it will noc be at the same time. Mr. Clark said he is aware of it. that we have briefed him and they arc aware of the situation. Mayor Bums advised that Skip Miller called him today and talked to him about this. Mayor Bums commcnled thal he is very aware of this. be undcrllands and he doesn't have a problem with this. He said they arc noc going to sec each other or meet each other or anything like that City Manager Clart DOied lbcy arc not in an adversarial. coaf'nJawional situation. He advised that the Museum of Outdoor Ans Im been fwly briefed on where we an:: at with Miller Kitchell and Miller Kitchell Im been fully briefed as to wllcrc we arc with the M-of Outdoor Ans. Council Member Habcnichl stated slle Im a prublcm meetiq with a propolcd dcvelopcr before lbcy have finalized the Equitable agreement . Mayor Bums IIOICd that pan of wha& be is doing is that lbcy haYcn 't submitted their sitc plan and that he fdt thal Council needs to meet with them again to get up to speed on where they arc. where they an:: spending their money. what they arc spending their time on and how they an:: moving ahead. Mayor Bums said be fdt that was cntirdy a>lllillent with where we have been with them in the past. City Manager Clart staled that. to his ra:ollcction. Council asked that we bring the developer in and the developer wholebcartcdly concurred. bccaulc swr was kind of shuttling back and fonh with pn,pea reports. It was fdt that Council and the developer should sit down face 10 face. That way Council can hear finl hand from the dcveiopcr the various iaucs be is dealing with with rcpnl to the site plan. development issues and his ienant recruitment So. Mr. C1art noted, they cxtcndcd the invilllioa to him earlier this month. Council Member Clapp qllCll.ioncd wbcthcr anylhin1 Im really chanpd on Kitchell's site plan ft'Om a few months ago. She asked if it bu chanpd significantly. City Mauter C1art advilod thal it is 1-icaUy about the same . Basically . be said. they would like to C11QC1W'a1C a face to face dialog with the Council and the developer. ... ., I· 0 • .------------------------- Ea&tewood City Couacil MayS, 1997 Page 28 0 • Mayor Bums pointed out that Council has not met with them in a long time . City Manager Clart noted it has been months. Mayor Bums said he thought it would be constructive. Mr. Waggoner commented that he would certainly not object to meeting with him. that he fdt he needs to know where Council is coming from . Mayor Bums opined that it would only be fair to him, because some of the publicity about the Museum of Outdoor Ans bas been in the press and obviously this getS back to him and through his own potential tenants and other people too . Council Member Wiggins commented that he noticed that the MIIICWII of Outdoor Ans indicalcd that they would not be interested in the Cinderella City site if a general merchandiser permined. City Manager Clart said that is true. that the tenant mix they would praer, if they go into the site, would be the Sony Loews, the light rail station and the balance of the site they would encoungc: us to develop that for specialty retail, rataunnts. bn:w pubs, that kind of thing. Mr. Clark noted that this is what he and Mr. Simpson would like to discuss with Council on the 19•_ That is ifwe go with the Museum of Outdoor Arts option. that we are looking at more of a purely entenainment center as opposed to a mixed retail entenainrnent center that we are working on through the Council resolution and Miller Kitchell. Council Member Waggoner asked if it restricts specialty stores. City Manager Clark advised that basically they were pretty blunt, that they don 't want to go in next to a Walman or Target. Council Member Waggoner said he understands that. But. Mr. Clark said. that doesn 't preclude some type of boutique type of retail or any type of retailing that would be compatible with some type of an entenainment use or light rail station. Mayor Bums stated that City Manager Clart and staff are doing what he was going to ask Mr. Clark to do anyway when they had breakfast this morning. Mayor Bums pointed out that this is a very serious issue, because when you look at the economics of this, and he said. they need to look at this very seriously, the question is whether we will have any cash flow out of this at all if we go the l'OUle with the Museum of Outdoor Arts. And so. he said. they have some large numbers of cost to look at when they look II this possibility. He opined 1h11 they really need to look at the whole scope of this. especially economically, with Mr. Clart and staff. He noted that they have a resolution that Council already pallllll and they haven 't changed it and as you might expect. be said. the developer is a little antsy about what we are doing here. Council Member Waac-r SlllCld that C\'CII with the Museum of Outdoor Arts you have not changed the resolution. Mayor Bums opined tbll you have changed it dramalically. Mr. Wagoner said you are sliU looking 400,000 square feel of l'ClaiJ and entertainment. Mayor Bums Slated he feels you baYC changed the intent and the scope of it very dnmalically. City Manager Clark noted that the Museum of Outdoor Arts is consi11Cn1 with the resolution. but the underlying economics are a little bit diff'erent. Panicularly. he said, if we do not put a general merchandiser O\'CI' there. that changes the underlying economics. Council Member Wagoner said that cenainly the economics are diff'erent. but thal he does not remember anything in the resolutioll that addressed economics. He noted that he thought that during the discussion Council said that economics was not our total consideration for this site . He stated they were talking about entertainmalt and l'Clail, 400 ,000 square feet . And if, he said. the MUICIIIII of Outdoor Arts doesn 't fit in that he would beg to diff'er , that he thinks it does . Council Member Vormittag staled he wanted to state for the record that he is in f'awr of this. Tbll be won 't be here on the I.,. and hejllll wanted to let Council know that he is in f'awr ofit and he baped that things can be worked out . Mr. Vormittag noted he ~ uy to ,et .. to speed on it wbca be ,eta badt from the mall show. •. I· , • En&iewood City Council May 5, 1997 Pace 29 • 0 I • - Council Member Waggoner 5laled be would say one other thing. that be does lllink we need a commitment from the Museum of Outdoor Ans before we lll(WC too far down the road and find out indeed they do not want to come to Englewood. Council Member Vomuttag agreed with that too. Mayor Bums noted he is very concerned on that score. because that if the cbeloper we NM now looks at this, that the chances arc he will not want to go forward oa a plan like this. So. be IIIIUld. if be is not tbere anymore and the Museum decides to go somewben: else. then we NM lost oa both ends and we will be swting over from two and a half years ago. Council Member Waggoner said thal is why be tbiMS we need that double letter of intent. Mayor Bums noted that we can get snookered big time oa this. City Manager Clarlt advised that they spoke to them about the double letter of illlenl and they would pracr to wait until September to give that to us. He stated we told them that was unaccepllble and we would need a faacr time frame. Council Member Wiggins said that it seems they arc doing a lot of didating. City Manager Clarlt noted that they really feel it is important on both of these issues, that they are very critical and to devote an evening 10 lllis would be well worth it. He said be thought the developer is looking to us for a commitment. but that also we arc looking lo the Mll5CWII of Outdoor Ans for a commitment. He said they think that we should at least have an idea of project cost. financial returns and so forth. under botb options. 111en the Council can direct staff to whether to proceed where we are headed or if Council wants staff 10 change direction. City Manager Clarlt staled that staff's official position is they have no preference on either one. that staff will do whatever Council wants. lbal if Council wants a Museum of Outdoor Arts. staff will do everything they can 10 make ii work. Mr. Clark opined that there arc some groups out there that are needing some direction and staff would like 10 keep this project rolling forward and it is a high priority project that we determined a couple of weeks ago . Council Member Habenicht asked if the representatives from the CullUral Ans Committee thal fin& brought forward the connection bdween the City and the Museum ofOuldoor Ans could sit in oa that portion of the public meeting. Mayor Bums noted ii is a public meeting and anybody can sit ia on it. Discussion ensued as to what she meant by sit in. Ms . Habenicht said she WUICld diem IO sil ia on die discussion portion of lllis with Council. Mayor Bums Slated he did IIOI think Ibey sbollld illvile cenain people 10 speak and ochers IIOC . Ms. Habenicht said she wanlcd diem IO participale. Mayor a.. said be does not feel that is appropriate. that be really doesn't. He 5laled this is a serious maaa for Couacil. 1111ft" and these people 10 discuss. Mayor Bums Slated he thinks they should NM either a full dilCUllioa with the public or they NM Council discussion . But be disagreed with inviting certain l1Cloc:t people. Coum:il Member Habenicht SlatOd thal is what study sessions are about. Council Member Wiggins said thal ao it isn't. Mayor Bums 5laled thal traditionally it isn 'L that Shldy sessions are for a chance for Couacil to talk to staff and other guests and it Ima 't been a public discussion. Council Member Habellicbl said she guessed that what she was asking for was a couple of other guesu. since they initiated the COlllaCt she thought it would only be an appropriate protocol . Mayor Bums 5laled he is not in fawr. Council Member Clapp asked if Council has other board and commissions come by. Mayor Bums said they use 10 have the whole board come and talk about what they are doing CWTCntly and ., forth. but then Council put ii on an as needed basis and since then Council hasn '1 met with any ol them. He said be bas been suggesting things like other cities do, such as Lillleton. where they NM a breakfast once a month with the heads of the boards and commissions and have them highlight whal Ibey are doing cunmdy. He thought the mayor and maybe 1be council members do that. He said maybe they could do that once a month or once a quaner because be kind of misses them. what they are doing. Even though Council sees their minutes. Mayor Bums said be thinks just to say hello to diem and sit down and talk with them is helpful. Council Member Wagoner noted that Council has one scheduled with the Water Board u an example . Council Member Habenicht shared that in having sat in on a number of SIUdy sessions with Lilllelaa. albeit a number of yean ago. thal whoC\'er Council wanted to bnng iDIO a dilCUllioa wbea tllty wae lhldying something that would make ii wonhwbile. that would add to the discussion and add to the input. was appropriate. She said she does not think there are any nales against who you do or doa't have come to •. 0 I· • Eqlewood City COIIIICil Mays, 1997 PqelO '· • • • tbe table in a lbldy ..-wllal ii is ..,....lli•I dial is impanaDt iDput. Council Member Wigins DOied lbat -in Lildeloa. Council Member Voraials aid aalller paia IDO is dial if dlUlp doa't wmt Cllll witla die o.doal' Al1S. at leut tbe Cuhunl Cc · ·aa people ca Illar wlllt dicir .._._far tt hes wlllt dicir clemaDdl are 11111 if it doaa't ..... • ._. dley kmw wllal die demadl-11111 wily dley didll't came here. Mayor Bunls ... c.-:il ....._ Wigial _....., __ if it is 11111 u aeailiw lellioa, lbat it is open IO tbe public. aa,-caa ~ COUNCIL MDaD VOU111TAG IIIOVD.AND ITWAS acoNDD, TO INVrn TIIE CULTUIIAL AaTS COMMISSION TO '111K 111A Y It"' S'IV9Y RSSION. A,-: c.-:il ....._. VCllllliall, 11 I ick, Wagoner, Clapp Nays: c.-:il ...... w--. .... City Mua,er (]a,t 11-.1 they will lead a special ilMtaUoll ID tbe Callllral Ans Commission. 14 . City AlaweJ'•...., Cily Aaamcy Broczmu did not have any llllltCn to bring before Council . .. •· • • 0 , . • PROCLAMATION WHEREAS, emergency medical services are a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, only a third of Americans rate their households as being "very well prepared" for a medical emergency; and WHEREAS, emergency medical service providers have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, approximately two-thirds of all emergency medical service providers are volunteers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skillll; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and appropriate use of the EMS system will help reduce national health care coats; and WHEREAS, the City of Englewood is especially proud of its Emergency Medical Services ; NOW THEREFORE, I, Thomas J . Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of May 18 &brouab May M, 111'7 u : EMERGENCY MBDICAL SBllVICBS WDK in the City of Englewood, Colorado and encourqe all citisena to obaerve Emergency edical Services during this week with appropriate programa, ceremonies and activities. GIVEN under my hand and aeal this 19th day of May, 1997 . ' • • • • • • WHEREAS, access to quality emergency care dramatically improvea the IIW"Vival and recovery rate of thOlle who experience sudden illness or iD.jury; and WHEREAS, only a third of Americans rate their houaebolda u being "very well prepared• for a medical emergency; and WHEREAS, emergency medical service providers have traditionally served u the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters , educators, administrators, and others; and WHEREAS, approximately two-thirds of all emergency medical service providers are volunteers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer enpp in thouaanda of hours of specialized training and continuing education to enhance their lifesaving akilla; and WHEREAS, Americana benefit daily from the lmowledp and akilla of these highly trained individuals; and WHEREAS, it ia appropriate to recopize the value and the ac:compliahmenta of emergency medical servicea providers by deaipating Emergency Medical Services Week; and WHEREAS, in.jury prevention and appropriate UN oftbe EMS system will help reduce national health care coats; and WHEREAS, the City of Engl-ood ia eapecially proud of ita Emerpncy Medical Services ; NOW THEREFORE, I, Thomas J . Burns, Mayor of the City of En,l-ood. Colorado, hereby proclaim the week of May 18 tbroap May M, 1N'7 •= DIBBGBNCY MEDICAL 8BllVICB8 WBBK in the City of Englewood, Colorado and encourap all citizens to observe Emergency edical Services during this week with appropriate pl'Clp'AJD8 , ceremcmi• and activitiea. GIVEN under my hand and seal tbia 19th day of May, 1997 . Tbomaa J . Burns, Mayor 8 a • ,. • -~--------~-----------.. • 0 l~ ·, • ,. COUNCIL COIIIIUNICA TION Date Subject May 19, 1997 10 a i RTD lntergovemmantal AgrNment for Utility Modifications for Southwest Corridor Light Rail Project STAFF SOURCE INITIATED BY Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION Council approval, by ordinance, of the Intergovernmental Agreement with RTD for the purposes of providing design, engineering and construction of utility modifications required for construdion of RTD's Southwest Corridor Light Rail Project Phase 2 and Line Segment 4. BACKGROUND, ANAL VSIS, AND AL TERNATNES IDENTIFIED The proposed Utility Protection Agreement will enable RTD to complete the freight rail relocation prior to the installation c:A the light rail tracks. Aa part of the project scope for the RTD Light Rail, the Regional Tra111portation Diltrid is proposing the following: N. the future Mountain State $pl, Ill Wi ldemwe and Stanford Ave: Remove exilting tapping saddle, gala valve and valve box and construct 50' c:A 1S-ductile iron pipe with 30' c:A 28" welded IINI caing. Connect a new a-fire line to the existing 1&· _..,. main and inltall a new 8" gale valve and valve box, also construct 45 lineal · of 8" ductile iron pipe . Abandon exilting 8" fire line after new line inltallation. All matarial1 and labor for the above ilems .,. to be paid by RTD . The 1&· sanitary main at W . Kanyon Ave .: ConltNct 53' c:A concrete saddle DVW' tt,e eating 1S-unitary line. RTD will handle modific:ationl and payment for liclnw far tt,e 18" unitary line c:roaing d tt,e Bu1inglon N011twn and Southern Pacific Railroad ~ lraclcl . The 18" Sanitary Main at W . Yale Ave .: ' - • • ORDINANCE NO. _ SERIES OF 1997 • • • BY AUTHORITY ABIILPOR OOUNCU. BILL NO. 49 INTRODUCED BY COUNCIL IIBIIBEll ____________ _ AN ORDINANCE AUTHORIZING AN INTBIIGOVBRNIIBNTAL AGREEMENT ENTITLED "UTILITY PROTECTION AGREEMENT" PERTAINING TO MODIFICATIONS FOR THE SOUTHWEST CORRIDOR LIGHT RAIL PROJECT, BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the p11111111ge oftbia Ordinance will enable the Regional Transportation District to provide desip, engineering and conatruction of utility modificatiom required for the conatruction of RTD'a Southwest Corridor Light Rail Project Phase 2 and Line Segment 4; and WHEREAS, this Utility Protection Agreement will enable the Regional Transportation District to complete the freight rail relocation prior to the installation of the light rail tracks; and WHEREAS, a part of Phase 2 will include the replacement of existing structures with iron pipe with welded ateel casing at the Windermere and Stanford Avenue spur; and WHEREAS, the design includes a new 8" fire line connected to the existing 16" water main and the installation of a new 8" gate valve and valve box; 45 lineal feet of 8" ductile iron pipe and the abandon inaert of mating 8" fire line after new line inatallation; all materials and labor fer this portiOD of the project are to be paid by RTD; and WHEREAS, a 16" aanitary main at Weat Kenyon Avenue will conaillt of the conatruction of 53' of concrete saddle aver the mating 16" aanitary line, with RTD handling the modificationa and payment fer liceaaN for the 16" aanitary line crouing of the Burliqton Northern and Southern Pacific Railroad freicbt tracks; and WHEREAS, a 18" Sanitary Main at Weat Yale Avenue will comut of the conatruction of 100' of CODcrete uddle over mating 18" aanitary line and RTD will handle the modificatiom and payment for Ii-for the 18" line c:rouinr the Burlington Northem and Southern Pacific freipt tracks; and WHEREAS, the City of Englewood coeta should not to aceed $56,000.00 for the phase 2 and Line Segment 4 Projecta with additional coata being qreecl upon by both parties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- . . ..... • • • 0 - (, D. Total cost for the two sanitary main protections on West Kenyon Avenue and West Yale Avenue will not esceed $55,00.00 for Phue 2 and Line Segment 4 Projects. I. The City ia the bolder of Lic:enae Agreements Numbers Yale • 20801, 53-37061, Kenyon • 21178, 104986 Stanford· 128511, issued by the Denver and Rio Gnmde West.em Railroad or the Burlington Northern Santa Fe Railroad. II. RTD has entered into utility relocation asr-ents with the Southern Pacific:/Union Pacific and the Burlington Northern Santa Fe Railroad.I ("The Railroads"), copies of which have been provided to the City, authorizing RTD to act aa the coordinating entity for all required utility modifications for the Project on behalf of the Railroada, pursuant to any License Agreementa between the City and the Railroad. III. RTD and the City shall modify existing liceDSell which have been assigned to RTD, to require the parties to make every effort to coordinate and comply with either rail operations or in the case of the of the City to coordinate with the operation of the City Ditch or water/sewer facilities. Only in the event of any emergency constituting a threat to the health, safety of the public would services of the other party be removed or damaged. IV . The City aball pay all qreed upon costs associated with the utility modifications within Railroad Right-of-Way, u defined in the Project Scope, Sections B, C and D above, required for the Project by the Railroada. RTD agnN to pay for all utility modification costa outside emting Railroad Right-of-Way auoc:iated with the Project. V. RTD will provide delip aerric:es at no coat to City for all modification uaociated with the Project. The City llhall be provided c:opiee of all desip and plana and aball revi- comment on all plam in a timely fuhiOll, in no went, however, aball City be pven 1- than thirty (30) days to revi-and COIIUIUlllt OD plam. The City aball lipify acceptance of final plans by aclmowledcment in writing. Utility mocWlcatiC1111 llhall be coutructed in accord with final plans revi-ed and approved by the City ucept in cue of and emergency. RTD reserves the right to make field chanpa u niquired on an emerpncy buia, however, every effort will be made to contact the City for approval if emerpney changes are required. -2- ' •. I· 0 • . .--------::----------------, 0 t• • UTILITY PROTECTION AGREEMENT THIS AGREEMENT, made this __ day of 1997, between CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to u "City", and THE REGIONAL TRANSPORTATION DISTRICT, a political aubdiviaion of tbe State of Colorado, herein referred to u "RTD", for the purpoees of providiq desip, eqineering and c:onatruction of utility modificationa required for c:onatructiOD of RTD'a Southwest Corridor Light Rail Project Phase 2 and Line Segment 4 ("the Project"). The followinr ia the project scope for the RTD Light Rail -PhaN 2 and Line Segment 4: A. Future Mountain State Spur at Windermere and Stanford Avenue 1. Remove existing tapping saddle, gate valve and valve bo:a: (including 8" tap), and comtruct 40 lineal feet of 16" diameter ductile iron pipe (Cius 53) with 30 lineal feet of 28" diameter welded steel cuing on line of emting water main. 2. Connect new 8" fire line to enating 16" water main and imtall new 8" gate valve and valve bo:a:. Construct 45 lineal feet of 8" ductile iron pipe (Cius 52) fire line. 3. Abandon emting 8" fire line after new line inatallation. Abandoned line shall be cut and filled with tlow fill or sand and plugged at both ends with lean concrete. Removal of uiating fire line ia also an option of the contractor. 4. All materials, licenaea and labor required for complete imtallation and connection are to be paid by RTD . B. 16" Sanitary Main at West Kenyon Avenue. 1. Construct 53 lineal feet of cooc:rete uddle -mating 16" sanitary line . 2. 16" sanitary line c:rmNI both Burliqton Nortbem (BNSF) and Southern Pacific (SPl Railroad freicbt tncb. RTD Will handle liceD.le modifications and payment for lic:elUN. C. 18" Sanitary Main at West Yale Avenue. 1. Comtruct 100 liaeal feet of cooc:rete Nddle OYW uiating 18" sanitary line which includes apprcmmately 30 lineal feet of concrete uddJe protection under aiatin, Burlin,t.oD Nartbarn fnicbt rail. 2. 18" sanitary line c:roaaea both Burliqton Nortbem (BNSF) and Southern Paciilc freipt raila. Note: Soatbarn Pacific will be Union Pacific appros:imately April 1, 1997. RTD will be reapamible for railroad liceue modifications and any paymenta for tbNe liceuN. I H I • I T A .. •· • 0 '32xl • ·, • L Sectim 2 The Ila,-ia audMmsecl to mam w1 tbe City Clerk t.o att.t and ..i the Utility Plut.ec:tiaD '-• mt lir md on balwf al tbe City al Eqlewood. Colorado. lntroclw:ecl, read in ran. wl ,-cl on flrat readill( on tbe 19th day al May, 1997. Publilhed u a Bill for an OrdiDaDce on tbe 22nd day of May, 1997. 'lbomu J. Burm, Mayor ATTEST: Low:riabia A. E11ia, City Clerk I, Loacriabia A. Bllia, City Clerk al tbe City al....,_,.., Colorado, bmeby cmtify tbat tbe abaft wl tiinpiac ia • true copy al. BiD ill' 8D Orclimnce, iDtroduced, read in tall. wl puNd CID flrat readill( CID tbe 111b day al )lay, 1997. -2- .. • ORDINANCE NO . _ SERIES OF 1997 • • BY AUTHORITY ABILLFOR OOUNCU. BILL NO. 48 INTRODUCED BY COUNCIL IIBIIBBll ______ _ AN ORDINANCE AUTHORIZING AN INTERGOVERNIIBNTAL AGUEIIBNT ENTITLED "UTILITY PROTECTION AGREEMENT" PERTAINING TO MODIFICATIONS FOR THE SOUTHWEST CORRIDOR LIGHT RAIL PROJECT, BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the paasage of this Ordinance will enable the Regional Transportation District to provide design, engineering and colllltruction of utility modifications required for the colllltruction of RTD's Southwest Corridor Light Rail Project Phase 2 and Line Segment 4; and WHEREAS, this Utility Protection Agreement will enable the Regional Transportation District to complete the freight rail relocation prior to the installation of the light rail tracks; and WHEREAS, a part of Phase 2 will include the replacement of elristing structures with iron pipe with welded steel casing at the Windermere and Stanford Avenue spur; and WHEREAS, the design includes a new 8" fire line connected to the elristing 16" water main and the installation of a new 8" gate valve and valve box; 45 lineal feet of 8" ductile iron pipe and the abandon inaert of exiating 8" fire line after new line installation; all materials and labor for this portion of the project are to be paid by RTD; and WHEREAS, a 16" sanitary main at West Kenyon Avenue will consist of the colllltruction of 53' of concrete saddle over the exiating 16" sanitary line, with RTD handling the modifications and payment for licenaM for the 16" sanitary line croBBing of the Burlington Northern and Southern Pacific Railroad freight tracb; and WHEREAS, a 18" Sanitary Main at West Yale Avenue will consiat of the construction of 100' of concrete saddle over uiatinc 18" sanitary line and RTD will handle the modifications and payment for lic:en.-for the 18" line crouing the Burlington Northern and Southern Pacific freight tracb; and WHEREAS, the City of Englewood coeta abould not to -=-1 $55,000.00 for the phase 2 and Line Segment 4 Projects with additional coata being agreed upon by both parties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- ...... .. I· • .------~-------------~ ... -, • I• • '· VI. RTD shall obtain a contract for comtruction services for all utility modifications required for the Project hued on competitive bidding. Following receipt of bida and selection of a contractor, RTD will provide a coat to City of conatruction c:oeta, (including mobilization, IIUl'Veying and ten percent (lO'I,) conti.npnci•lto be i.nc:urred (OD a not to aceed $55,000 limit), u a result of the modifications to utilitiN owned by the City in the Railroad Right- of-Way, the City shall be responaible for paying fifty pen:ent (5") of coat within thirty (30) days of receipt. Additional c:oeta must be agreed upon in writing by both parties. VII. RTD shall obtain a contract for comtruction ll8fflCe8 for all utility modifications ueociated with the Project which are outside of the Railroad Right-of-Way, u defined in the Project Scope, SectiOD A above. RTD &er-to pay for all utility modification construction coeta associated with the Project outside of Railroad Right-of-Way. VIII . RTD shall obtain written concurrence from the City for payment prior to implementation of any contract change orders affecting the City's utilities. IX. RTD shall provide all conatruction monitoring services to the City at no additional coat. The City shall have the right to have members of its staff preaent during conatruction, for i.napection and consultation, upon notice to RTD provided that tbNe representatives comply with RTD's health and safety plan while on the Project site. X. RTD shall have its Contractor(s) include the City u an additional insured for this Project. XI . RTD shall provide two (2) sets of "u-built" plans to City upon complewm of pbued construction. XII. RTD shall provide fiDal billins to City followin, receipt of a fiDal bill from Contractor. City shall have the ript to revi-all billinp to RTD. City aba11 pay to RTD fiDal balance remaining within thirty (30) days of receipt of the fiDal bill from RTD unJeu o&ber arrangements have been agreed to in writing. Unpaid balances abal1 accrue inter.tat the rate of twelve percent (1~) simple interelt per annum. -3- ..... •· • • . ' • XIII. Thia Apeement does not aupenecle, cancel, or modify any uiatiDf Lic:enae Ap,tementll agreed Upoll. IN WITNESS WHEREOF, dua imtrammt bu been eac:uted u of tbe day uul :,ur flnt above writtal. CITY OF ENGLEWOOD ATTEST: Tbomu J. Burna, Mayor Louc:riahia A. Ellia, City Clerk The undersigned authorized officer of The Repoaal Tramportation District bu read the foreaoing Lic:eDH and acr-for uul ill bebaJf of Mid Beaional Tramportation Diatrict that it will accept uul will abide by all tbe tenm uul conclitione thereof. REGIONAL TRANSPORTATION DISTRICT Approved u to lepl farm Marla L . Lien, Lepl CoUDNl -4- - .. •· 0 . - I .... r f '32xl • Form Approved by VP-Law AFH24-97 • 0 • PIPE LINE LICENSE Contract No: _____ _ THIS LICENSE, made this 23rd day of April, 1997, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF ENGLEWOOD, a Colorado corporation (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee to construct and maintain one (1) pipe line(s), 24· inches inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Englewood , County of Arapahoe, State of Colorado, Line Segment 7304, Mile Post 727.94, the location of the PIPE LINE being more particularly shown upon the print hereto attached, No. 1-10465 dated April 2, 1997, marked "Exhibit A' and made a part hereof. 2. This agreement shall be effective May 9 , 1997. 3. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or tor any other purpose whatsoever. 4. Licensee shall pay Licensor as compensation for this license the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500). 5. Licensee shall. at its own cost and subject to the supervision and control of Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed or rail corridor of Licensor, or the safe operation of its railroad. When the PIPE LINE is used for oif, gas, petrgfeum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached, marked Exhibit B and made a part thereof. If at any lime Licensee shall, in the judgment of Licensor, fail to perform property its obligations under this paragraph, Licensor may, at its option, arrange for the performance of such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby . 6 . Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation 1 of 6 I· 0 • • • • and maintenance periods and for any and all other expense incurred by Licensor on account of the PIPE LINE. (The current rate, subject to change without notice, for furnishing of Licensor's Flagman is a minimum daily charge of $300.00, for the first eight hours, or any part thereof, per day, with an hourly charge of $45.00 per hour for any time over eight hours per day). 7 . Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided. however. that in lieu of the foregoing, the Licen1see shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g.. consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. 8. Prior to installation, five (5) days advance notice must be given to Licensor's Roadmaster, Jim Underwood at 711 West 31 Street Denver, Colorado 80216, telephone (303) 480-6413. 9. (a) Except as set forth in Section 9 (b), Licensee shall release, indemnify, and hold harmless Licensor for all losses, damages, expenses. injuries or death to Licensee, its employees, agents and contractors, arising in any manner from the performance of this agreement, except for Licensor's gross negligence or intentional misconduct. Licensee further agrees to release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries, or death to any person, including Licensor, which arise in any manner from the conslr\Jction, maintenance, use, state of repair or presence of Licensee's pipelines. (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45 U .S.C. e51 et. seq.), for any incident caused, wholly or in part, by property, equipment, fixtures or condition belonging to or subject to !he control of Licensee, or claims or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor. Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licensor's negligence. 10 . If at any time during the term hereof Licensor shall desire to make any use of its rail corridor with which the pipeline will in any way interfere, including the relocation of existing or the construction of new pipelines and other facilities in which it shall have an interest. Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Licensor to such effect. make such changes in the pipeline as in the judgment of Licensor may be necuaary to avoid interference with the proposed use of Its rail corridor . 1 1. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability. including, 2 of 6 ' • . •· , • • 0 I • • but not limited to , Public Liability , Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and $2,000 ,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee . LICENSOR AND CATI;LL US MANAGEMENT CORPORATION SHALL BE NAMED AN AQPIT!QNAL INSURED. (b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the PIPE LINE is located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2.000,000 for bodily injury and property damage per occurrence with an aggregate of $6 ,000,000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks . The policy will remain in force during the construction phase of this project and must be provided prior to Licensor signing this !iC!!lD. (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1000 . 0 I elect to participate in Licensor's Blanket Policy ; 0 I elect not to participate in Licensor's Blanket Policy. (f) The furnishing of insurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. (g) Licensee shall be allowed to self-insure any or all of the insurance coverages referenced above . 12 . Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, or other proceeding brought against Licensor by any public body, individual, partnership , corporation, or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless Licensor. Licensee shall pay all the costs incident to such defense including, but not limited to , attorneys' fees, investigators' fees, litigation expenses , settlement payments, and amounts paid in satisfaction of judgments. 3 of 6 I· 0 • • 0 • 13. 1a) Licensee shall comply with all federal , state and local environmental laws and regulations in its use of Licensor's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (ACRA), and the Comprehensive Environmental Response, Compensation, and Liability Act. as amended (CERCLA). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by CEACLA, on Licensor's rail corridor. Notwithstanding any other requirements in this contract, Licensee assumes all responsibility for the investigation and deanup of such release and shall indemnify and defend Licensor and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) Licensee shall give Licensor timely notice of any release , violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Licensee also shall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to investigate , remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation . 14. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License . The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 15. Licensee shall promptly pay and discharge any and all liens arising out of any construction. alterations or repairs done, suffered or permitted to be done by Licensee on the PIPE LINE and shall indemnify Licensor against any loss, liability or expense incurred by Licensor on account of such liens. Licensor is hereby authoriZed to post any notices or take any other action upon or with respect to the PIPE LINE that is or may be permitted by law to prevent the attachment of any such liens to Licensor's premises; provided. however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section or any other Section of this License . 16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail corridor on which the PIPE LINE is located, or the aoandonment by Licensor of said rail 4 of 6 •. •· 0 • .----------------------, • • <. corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 17. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addreSsed to either party, at the addresses and department shown beneath signature of the parties. 18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19. Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the purpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee , shall undertease or sublet the PIPE LINE nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21 . It is understOOd and agreed that this License shall not be placed of public record. 22. All the covenants and provisions of this License shall be binding upon the heirs, legal representatives, successors and assigns of Licensee. No assignment by Licensee shall be binding upon Licensor without the written consent of Licensor in each instance. 23. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the PIPE LINE is located. 24. To the maximum extant possible, each pl'OVISIOr'I of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 25. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 26. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes. ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body or agency established thereby relating to Licensee's use of Licensor's premises hereunder. 5 of 6 ...... • . 0 •· • .1-~-----~---------------.,........- ·, • '· 27. This license is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon thirty (30) days' notice in writing to be served upon the other party, stating therein the date that such tennination shall take place, and that upon the termination of !his llcen8e in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the UM of the PIPE LINE and remove the same and restore the rail corridor of Uc:ensor, u near as poaible, to the same condition in which it was prior to the placing of the PIPE LINE thereunder. In cue l.icetae shall fail to restore Ucenaor's rail corridor within Thirty (30) days aft8r the effadMt date of termination, Licen8or may proceed wilh such work at the expense of Licensee. No termination hereof shall release Licensee from any llabillty or obllgallon hereunder, whether of indemnity or otherwise, resulting from any acta, omiaeions or events happening prior to the date the PIPE LINE is removed and the rail corridor of Licensor restored as above provided. 28. This License is the full and complete agreement between Licensor and Licensee with rNpeCt to al matters relating to license on the Premises, and supersedes any and all other agreements between the parties hereto relating to license on the Premises. Catellus Management Corporation is acting as agent for The Burlington Northern And Santa Fe Railway Company. WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPAHY By: By: cate11us Management Corporation Its Attorney in Fact 4545 Fuller Drive, Suite 105 Irving, TX 75038 James A. Ball, Manager Contracts CITY OF INGLEWOOO UtllltiN Department 3'400 South Eld SlrNt Englewood, CO 80110-2304 By: Tltle: eote ... • 0 ----------------------.r----~---------------------- • 0 t• • '· ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ANO CITY OF ENGLEWOOD FCl'T IORTH. TEXAS SCALE: 1 IN.=~ FT. Y-4 CQLQAAQQ DIV. MAP 30 PARCEL .IAa PIKES PEAK SUBDIV. L.S. ~ DATE o.-J02/1997 DESCRIPTION OF PIPELINE PIPELINE SHOWN Bll.D CARRIER CASINC PIPE PIPE SIZE: 21• 36• CONTENTS: ii PIPE MATERIAL: Q SPECIFICATION/ CR.ADE: IAI.L THICKNESS: COATING: Y NIA CARRIER PIPE LENGTH ON A/1: l 00' IORllNC PRESSlllE: 100 PSJ BURY: 8AS£/R.All TO TCJI OF CASING BURY: NA TUR.AL GRON> BURY: ROADWAY DITCHES CATH(J)IC PROTECTION VENTS: NUMBER ~ SIZE ---HEIGHT OF VENT ABOVE CROJC) _-_ NEAR ENGLEWOOD COUNTY OF ARAPAHOE NOTE: CASING TO BE JACKED OR ORY BOIEO ONI. Y STATE OF CO CASING PIPE ,00' ,a.a' ,.a' 3 MIN NIA ORHINC NO. 1 -1 o.-&s •. .. • • .,-----------.,r--~---------- 0 I • • Contract No :. ____ _ PIPE LINE LICENSE THIS LICENSE. made this 23rd day of April, 1997, ~ to the l9rms and oondillous Nt b1h herein. between l1E BURLINGTON NORTHERN AMD SANTA FE RM.WAY COMPANY, its sumtaso1"S and assigns, a Detawant eorporuon (henlinaflar c:aled "Uc:enax'"), party of lhe fir.st part and CffY OF ENGLEWOOD, a Colorado corpcnllon (hereil iaft8t. whether one or more, called "l.jcenaee"), party of lhe 98CDfld part. WITNESSETH. That lhe par1les henlto for the c:cnsidlmdon hereilldar expneaad ttC01¥91-•-it and agr"N as follows: 1. Subject to the l9fms and CCI ldillol 18 hereinafter set forth, Lic:enScr grantS a nonexduaive licenle to Ucenaee to c:cnlSlrUCt and maintain one (1) pipe line(s), 36- inches inches In dlllmetlr (hereinafter. wnettw one or mere pipe lines, caled the "PIPE LINE;, across or along the rail COfridor of Licenlor at or near 1w sldor1 of Eliglewood. County of Arapahoe, Slate of Colonldc, Lile~ 7304, Mile Post 727.94, the Jocalion of 1he PIPE LINE being mont panlc:ularly shoWn upon 1he print hereto allaChed. Ne. 1-10465 dated April 2. 1997, :narted "Exnibit A" and made a part hereof. 2. Thia agiNrnent SMII be eff9c:1lv9 May 9, 1997. 3. Uceneee Shall use lhe PIPE LINE solely for carrying _, and snail noc use it to cany 11fY Olher c:om,ncdily or for any Olher purpme ..,._ r,w_ 4 . ~ ..a pay Licenaor aa compensalioo for dlis llcar-. the aum of Two Tholaald me Hundt9d and No'100 Dollars ($2.SOO). 5. Wcaw stlal, at its own cost and subject to the~. and COl9ol of Uceman lacs englllNI'. ioca. V'O/or l9iocallt, c:onatruct and main11111 the PIPE UNE in IUCtl ...... and of 91,ch ...... lhat it wil net al .., ... be • ~ of darlg9r a or ,...,... ... wiltl 1he p!'9Nllt or fulurw traclla, ~ or 1911 OOffldOr' of ..-.or. or .. ..,. (4Alaliol, of • iail!Oed. Whfn !bl e,ee, L.N; ii·• tpr qi. Wr rmrtrc mere sx car-"''mril or bPiY .,,, etm FM """ m m 1w PFE UNE 11111 be CONDUClld. inllllld and lherNIIIII mail-led in co,lbnly ... lie .,. and ..,. i• a•lo• .,.,., on pmt herWID lllaChed. llllltad !Jdllll 8 a'ld made a part --.ct. If at llfY llrne Lic9nNe 11111. in 1he judgmenl of Ucen8or, tail ID perform p!Qperty • CXllyimoilS under 1llis pevag.ap,, l.anmr may, ... optiOn, arrange tar .. perbnaic» oe IUCtl wen • it dNlnl ,,. 111 r, for 1he ..,. (4Alllliol, of a ~ and in IUCfl ftWll ~ aor-lo pay, willlin tlftlNn (15) days Iller bil st.I haw been IWlldeNd ~. 1he coat ., incunwd by LioenlOr, bul fllilur9 on lie pan of ~ IC) pengnn the olllgallol• of LanNe .... net ....... Ucerae floln llabilily hereunOwfar ION or damage OOCMiOl.ect ttwrmy . s. Wcaw sllall r9imburw Ucerwor for any ~ incund by Uceneor for falN work ID Sl4ll)Olt Ucen9or's lrw:ka and for llagnwi 110 pn:IIICI D nfflc dul1nV iraaM12ion 1 of 6 I· 0 • .------------------------ 0 I • - and maintenance periods and for any and all other expense incurred by Licensor on account of the PIPE LINE. (The current rate, subject to change without notice, for furnishing of Licensor's Flagman is a-minimum daily charge of $300.00, for the first eight hours, or any part thereof, per day, with an hourly charge of $45.00 per hour for any time over eight hours per day). 7. Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided. however. that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (l.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. 8. Prior to installation, five (5) days advance notice must be given to Licensor's Roadmaster, Jim Underwood at 711 West 31 Street Denver, Colorado 80216, telephone (303) 480-641 3. 9. (a) Except as set forth in Section 9 (b), Licensee shall release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries or death to Licensee, its employees, agents and contractors, arising in any manner from the performance of this agreement, except for Licensor's gross negligence or intentional misconduct. Licensee further agrees to release, indemnify, and hold harmless Licensor for all losses. damages, expenses, injuries, or death to any person, including Licensor, which arise in any manner from the construction, maintenance, use, state of repair or presence of Licensee's pipelines. (b) Whenever any employee. agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicable safety act. (45 U.S.C . es, et. seq.), for any incident caused. wholly or in part, by property, equipment. fixtures or condition belonging to or subject to the control of Licensee. or claims or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licenser's negligence. 1 o. If at any time during the term hereof Licensor shall desire to make any use of its rail conidor with which the pipeline will in any way interfere, including the relocation of existing or the construction of new pipelines and other facilities in which it shall have an interest. Licensee shall, at Licensee's own cost. within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the pipeline as in the judgment of Licensor may be necessary to avoid interference with the proposed UN of its rail conidor. 11. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability, including, 2 of 6 .. I· • 0 • ec--~----------------- 0 • but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1 ,000,000 per occurrence and $2.000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. LICENSOR AND CATELLUS MANAGEMENT CORPORATION SHALL BE NAMED AN ADDmONAL INSURED. (b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the Slate in which the PIPE LINE is located, with a current Besrs Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6 ,000 ,000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks. The policy will remain in force during the construction phase of this oroject and must be provided prior to Licensor signing this ~ (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1000. O I elect to participate in Licensor's Blanket Policy; 0 I eteet not to participate in Licensor's Blanket Policy. (f) The fumishing of insurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License . (g) Licensee shall be allowed to self-insure any or all of the Insurance coverages referenced above . 12. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit. or other proceeding brought against Licensor by any public body. individual , partnership , corporation , or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless Licensor. UcensH shall pay all the costs incident to such defense including, but not limited to . attomeys' fHs. investigators' fees, litigation expenSH, Mnlement payments, and amounts paid in satisfaction of judgments. · 3 of 6 •· , • .------------------------ 0 • ,, 13. (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensor's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCAA), and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA). Licensee shall not maintain a treatment. storage, transfer or disposal facility . or underground storage tank. as defined by RCRA, on or under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by CERCLA, on Licensor's rail corridor. Notwithstanding any other requirements in this contract, Licensee assumes all responsibility tor the investigation and cleanup of such release and shall indemnity and defend Licensor and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws. regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) Licensee shall give Licensor timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Licensee also shall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or viclation. 14. It default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) deys' notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License tor any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 15 . Licensee shall promptly pay and discharge any and all liens arising out of any construction. alterations or repairs done, suffered or permitted to be done by Licensee on the PIPE LINE and shall indemnity Licensor against any loss, liability or expense incurred by Licensor on account of such liens. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the PIPE LINE that'is or may be permitted by law to prevent the attachment of any such liens to Licensor's premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section or any other Section of this License. 16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail 4 of 6 ' •. •· , • -~-------------------........ ~ 0 - corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 17. Any notice to be given by either party shall be deemed to be property served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 18 . In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19. Any contractor or subcontractor perfonning work on or in connection with the PIPE LINE shall for the purpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 20 . Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall undertease or sublet the PIPE LINE nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21 . It is understood and agreed that this License shall not be placed of public record. 22. AH the covenants and provisions of this License shall be binding upon the heirs, legal representatives, successors and assigns of Licensee. No assignment by Licensee shall be binding upon Licensor without the written consent of Licensor in each instance. 23 . All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the PIPE LINE is located. 24. To the maximum extent pouible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 25 . The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 26. Notwithstanding any other proviaions of this license, Licensee shall comply with all statutes. ordinances, rules, regulations. orders and decisions issued by any federal. state or local governmental body or agency eatabllahed thereby relating to LicenaN's use of Licenaor's premises hereunder. 5 of 6 .... .. I· I • • • ·~ • ', • 27. This license is given by Ucensor and accepted by Licensee pon the express condition that the same may be tenninated at any time by either party upon thirty (30) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this llcense in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the rail corridor of Licensor, as near as possible, to the same condition in which it wu prior to the placing of the PIPE LINE theraM'lder. In cue Licensee shall fail to restore Licensor's rail corridor within Thirty (30) days afbtr the effective date of termination, Liceneor may proceed with such wonc at the expense of l.icenNe. No termination hereof shall releue Lic:enNe from any llabillty or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omiaicns or wts happening prior to the date the PIPE LINE is removed and the rail corridor of Licenlor restored as above provided. 28. This Ucen8e is the full and camplete agreement between Licensor and Licenaee with r98l)8d to a8 matters relating to llcense on the Premises, and supersedes any and all other agrwements between the parties hereto relating to license on the Premises. Cat911ua Management Corporation is acting as agent for The Burlington Northern And Santa Fe Railway Company. WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. 11tl! IURUNGTON NORTHERN AND SANTA fE RAILWAY COl/ll'MY By: By: Catallua Management Co,po,atlon Its AIIDmey in Fact 4545 Fuller Drive, Suite 105 Irving, TX 7!5038 CITY OI' l!NGLIWOOD UllltlN Dlparlment 3atOO Soult Eld SlrNt Eng!Muood, CO 80110-2304 By: TIiie: • . • • • • t~ • ATTACHED TD CONTRACT BETIEEN THE BURLINGTON NORTHERN ANO SANTA FE RAILWAY COMPANY ANO CITY OF ENGLEWOOD, CO FIJIT 0TH. TEXAS SCALE: t IN.• !SZS2,. FT. (;Cl IJ!&QQ DIV. P 15£$ PEAK SlllOIV. L.S. ~ DATE <W02/1997 ·--·-- v-4 MAP _.lD._ PARC£L L\I \ \ IJESCRIPTIIJI CF PIPELIIE P I PELI NE SHDllt ID. D CAIIRIER CASING PIPE PIPE SIZE: 36" 4 1" COi TENTS: ~ PIPE MATERIAL: ~ SPECIF'ICATIIJt I GRADE: WALL THIClNESS: • CllATINC: Y CMRIER PIPE c.lSINC PIPE LENCTH IJI R/W: 100' 100' .. ING PIIESSl.11£: 40 PSl UT: IASE/IAIL TD TIJ' tr CASI NC ~ UT: NAlUIIAL CIIIUID UY: ACNIAT DITCHES CATICl)IC flllOTtCTIIJI NIA VENTS: rueER ~ SIZE ---HEICHT rE VENT AIIOYE GROU11> --- NEAR ENGLEWOOD COUNTY OF ARAPAHOE NOTE: CASI NG TO IIE JACl£D Ill DIT DIED IJI. Y STATE OF CO DIIAWINC NO. 1-10401 ... I· 0 I I C -• • • • I -I =-• • -I -I -I -~ -I I ~ --Ill). • 1 2 J 4 5 I 1 I ' RElilDVAL RElillJVAL 1• DIA. 0 • .. S. SANTA FE OR. _ -.:-_ e....., • . • __ , ."' , . .. .. . JJPRR ROI-. ""-fU-T'UDRr: E" r:rcrRo E-0-• • · 'C. · f.UTURE-F:al~ l:OGAH-SPUR -" ~-~-' •. _,:. • ---, ---~-~-N L A . ,. =-'..=..a:s:=------,--.-.:::-------------;;; . -·---. . · ~-=:FUTURE ELECTRON ·.,s .. ·.··. t ~--------.----!EAU; ----~----------------=-=,:_~~':~=~~:~=~~~=~:::~~~~:~-~ftd&s~Ii-.-.-3~ ---L-------J-----.:.---;..,-+---~....i.""'!"'----,.--+.---i--- fUTURE IIITN. STA TES SPl.'I 1100.00 :=::=-:.--~ ~ ,---------------------------------- e-.. ._...,, --. ...: ___ rJa.----~-IJ~~~ ,r -n..:~~,n-__ iJJI,~_-'Q--:,---rt -;._-~,m.:-c-:--w I BNSE ROW • · -~ t;:-==-~ :._ -~ -~ ,z• .;.:. ~ -...:. ---51" ~"-~ --4 _~ t-~ ... ~-:_-::.-:_-.: -,__......,.!,_ __ ' l ~ I_ ' j I I -..,....__-1----4--4----~-7/.-'.'-'-4---+--/ I, -! 1'-;=J I ·~ l l ~ COIIJECTUIIAt. LCICAT 11111 ITU I( FIELD-vERIFIED'1 ~------ 1 ------- 1 I l l TA8UUTION OF QUANTITIES NOTES: ITEM OF PIPE OF GATE VALVE & aox DUCTILE IRON PIPEICLASS 521• QUANTITY 5 LF 1 EA 45 Lf 1. PIPE CROSSING MTN. STATES SPUR LS AT API I BNSf I ANO ltlP 1+3950 I UP I. z. SHORING ANO/OR TRENCH SUPPORT BY THE COt PAID FOR SEPAIIATELT. BUT WILL BE INCLUOI IIORI(. 1&• DIA. DUCTILE IRON PIPEICLASS 531• 5 LF :,. ELEVATIONS FOR BORING LOGS ANO POTHOLES UNLESS STATED OTHERWISE. 1&•x1• TAPPINC SAOOLE - ··-,o• BEND - CUT AND A8ANOON FIRE LINE 1• TAPPING VALVE ANO BOX CONNECTION TO EXISTING l!IAIN 1 EA 2 EA 1 LS 1 EA 1 EA 4. CONTRACTIJI SHALL COORDINATE SHUT DOWN OF IIAIN AND FIRE LINE <IF REQUIRED I WITH TH I TOIi IIIENNAN I 754-2'54 I. ANO ADJACENT PR 5. AIANOONEO FIRE LINE SHALL 8E CUT ANO FIL SANO. THEN PLUGGED AT IIOTH ENOS WITH LEA • INCLUDES TRENCHING. SHORING. BACKFILL• AND PAVEMENT RESTORATION TO ENGLEIOOO SPECS. -ALL l!IATERIALS AND LA80R REQUIRED FOR COl!IPLETE COINIECTION TO 1&" l!IAIN -INCLUDES THRUST 8LOCKS. ·""-... 11&1( •Sl•II l'f1• • f. 1111111 1-n-t, _.,, .... 1. 11111(: ,_,, ... ·"· 111111: 1111 -JWf .... __ ,111 ... 11111(: -1(, -"· '"' mlCI-KM.I .. ,,,, ..... ,on,.,, ~ l •wlrt/l7ur -10l l awbu.~-L •llt Jan . 27 . 19'7 411 d 40 :r H SCM.l .. "" 11 :37 :H • ' •. .. • • • •, • <. '. I \ I .,~· -;-----~-=--aaa-=..a=----=--=-..:. ~ ~~~ :---f ~ ~~~~-=~ --. -------------------------------------- •• FUTURE SB FREIGHT -------------------------------------- W:-2,: __ -~:+--FUTIIIE !!Q...!!LAC:!t_ __ ~----- tA1S 11 KG ~o --;~~ ~J I I TRUCT 45 LF I 1• I.P ICLASS 521 ~ FIRE LINE. 1 \ i ~ \ ; \ CONNE'CT NEW I" FIA£ LINE TO \EX: 16" WATER MAIN ANO INSTALL NEW I" GATE VAL VE.-IINO BOX • SEE owe. SWIUZ005 FOR DETAILS. l!llala. QfKIJPI UW , 'IIOXIMATELY ... 728+0950 ,., ... , 11A Ttll L IIIE !TRACTOR IILL NOT BE :o IN THE COST Of THE • ARE EX I ST I NG GROUND EXIST ING WATER E CITY Of ENGLEWOOD OPERT Y OWNERS, LED 11TH FLOWflLL OR N CONCRETE. 100'1 SUBMITTAL RID ----···--,·--·--........ • l.00' t UO' t e ~ 1i1ClW-1.11NwJIL---,,-~::-""'."""""'."""~ SlZf,S«II IMTtll.STt[L,ZO", ff" TIP OF ~II'[ -F·lll f1.tY1 UJII. 7 =~ 2'1Q IOIQ 111111 ADVANCE UTILITIES PHASE 2 ,:r::., STANFCIIO AVEIIJE .- UTILITY I• f IRE LINE LAYDJT • . .. • • • I • • - . 1 • o • · I --1---; . I -~' ,_· :;,, ______ ·------~-----·:I.!.lli!!!U! ------------------------------------' . \~\ ~~::::;,:=============~-~~=::e:~-~====~==c=.=====~====.=.'.'.==~-~~:::::-:.=:===:.:=::;~·~-=-----=-~~--::::~~-~---1.-~-___f,~~ • ;.;. I '·,_\ ---~,~;_,,_ -'i· I · ;11.,.,-~ --------------------------------------:-:-f)~------------..:!_71JRr lfT I STA. 0.00 ~.,;, ,c'•·, ., . --...;;-~ N. 16569;~~2-~~·-E::~~~~~-·~3·~-~.-~\-------· --·--·-··-··-··-··-··-··· --------..... -.-:1~ =r-...... =ti ~k··-. . = -· -.• ::;L. ,· I , . -r- --;;.{i)G--;c·;;;-,-;:~-~ ~-~·~~~:=-~~:~":--~-~c-i ~~!' SW·: .. 1----:~.:. -----------~-------------sw... ' t / \ · ~l:.H-5~• a· FIRE 1---------J--------------Jcffiit";:'-3_ SW\ ~ TO EXISTING 16" WAT I I \l':-' •_r1(", ~ ANO INSTALL A NEW 8 II , --._ -i Y.U.VE ANOSOX, AS S . •"I\ I I i Clf°l;THIS SHEET. 11-----!----...l.--_;;.· ::.,_4------+-----r ~ '. \ \ c.\ \ i THRUST BLOC 11 ~ ,-,. \ t i \ 5330 5310 .... ~-------------·~ i~ r ~, % \ \ \~ i ; I :\ i .\ \ \~, I J a · .1 ' ----I" h ':\ a·- ------------: \ --~·_:\.,..; .. ~ ~ \ •-I ' ,\ ,- CDISTIIUCT S LF 16" l~ASS $JI Al'llll REIGVAL OF UISTIIIG ~·~~ .,!,E~ --W TAPP~ ~~ ~ v~:.:z_-W-. .,. ; ~, -i .. t- CDISTIU:T 11" I I"~ t\ T""'IIIG SAIIIIL£ -I" DI" ~' 1• YAUI -CTIIII / --W . •IOII [IISTIIIG I" T1I UISTIIIG 11" IIAIN YALVl, T""'IIIG SAOIIL[, • , -ADJACt:NT 11• DIA. TNIIUST kDCII _:-:;. P II'[• '""' CONSTRUCTION DETAIL~~ -. NTS IIUl51116 ,, !_ 1 -- I r I -·-----~ FUTL GRAil · 1----..:::. =-:...~=-=-::-..:..:-_-_ ,~ -----r T --~-~~--~.=--. L -,-.. --! -- I - W[IT: 1• •I• d 20 •• ---- ~:/awlrc/37ur -101/...tlu2005 .ahc ICM.[ IN FUT Jan . 37. 1H7 10 ,s,,21 .. • , • 0 • LIB.I.---------------I -------I -------- _fil~_T ---- I .-.'------''"----·-..... ---..-BOS+0Ci RElillVE EXISTING TAPPING SADDLE , CATE VALVE ANO BOX, ANO CONSTRUCT 5 LF 16" DIA. DIP !CLASS 531 WATER MAIN TO REPLACE TAPP INC SADDLE. -cONsTRUCT) 1 45-er· ,··01P -. !CLASS 52 FIRE LINE. I • I 90" BENO ---------- ----- I I j 1001. , SUBMITTAL J ANUARY 1')')7 • • I I 1-. -~ RID lj. I,;. \J. • I ----··-Cl .. , ..... , .. ---, ......... -X .~\~ •'. ~ .~, ........... ... ~,. ...... .... 534.-1700 ... --.~-, .•. c..a ...... \ ' !-. 5 4 --~ _ _::--_+~ ~ -----l - -1-----~~ . -l 5330 ----:-- ADVANCE UTILITIES PHASE 2 STANFORD AVENUE UTILITY 1• f IRE LINE PLAN & PIU ILE ..... 5320 •, I • • , z ·, .. • • - ' \ ' ' -· \ l-----~~~------~----~~----~..,,.~--~-----------....,.....,--,.,5_.,;~•~14------;~ - CONCRETE POTHOLE CONSTRUCT 43 LF CONCRETE SAOOLE OVEir- EXISTIIIC~16· SANITART Llllli. SEE DIIGS. S-.ZOOI ~ swa,4001 FDR DE T Al LS. \ \ \~ ---L-------.....1...-------.1------~-~-Jf --;;;;;;;- AOOITIONAI. PROTECTION UNDER EXIS'Hfl6 TRACK TO IE COIP\.ETED UNDER IT OTHERS , _ :i..:.i:~~· ~ ~~ _ _-. .= _. JJGEB .F.U~. CONTRA:CT. . L _:s_ .. ..;~'"..;."..;·-..i::..: ~ ----;_->-__ , 0 --.:.:. _.... _.., ' -----------_., -- TAIUUTION OF QUANTITIES ITEM .. SADDLEl1i" DIA.I• CIUANTln 43 LF 4 HR ICJTES: 1. 1&-SAN'ITART CROSSES 11NSF TRACKS AT II" 7+4DII. 2. SNORING AND/OR TRENCH 5'JOl'ORT IT THE CC PAID FOR SEPARATELY, IUT SHALL IE INCL ... • INCLU0£S TRENCHING, SHORING, AND BACKFILL. 3. ELEVATIONS FOR ICltlNG LOGS AND POTHOLES UNLESS STATED OTHERWISE. 4. TH[ SANITARY LINE LIES CLOSE TO AN EXIS SCHEDla.ED FOR NOTECTION AND.IOR R£LOCAT Al'IIIL, lft7. THE CONTIIACTOII SHALL C IISCO.IJUSTIN CISLAGHI AT z,.e-zzzo, TOE NOR l'SCo'a SCHEDULE IS 01-.TEO. S. TtaCIIGNOUT TIC CONSTIIUCTION, EXISTING F l'IIOTECTEO AND ~TEO IT TN[ CONTIIACT TM[ STAIIDMDS All> IIOUI ... TS OF SNIN IEAS&aES WILL 1111T K PAID F'lllt SEPMATEL TO TIC COST OF OTNIR CONTIIACT -• ,. LIICAT ICII OF ,r SMI TMIY -z• GAS LI CCIITIIACTOR SHALL POTHIIL.£ TO vtRIF'Y LOCAT PRIOR TO CONSTRUCTION. • , • 0 • • • .. 5. SANTA FE OR. ~ \\: -j- •!, ., ,_ EX 1Sl1NC NB F"R[ HT/ T T , , 1 , ~ c, \';, . . . FUT\11£ -UtT . . . . . . --... -----l.---------l.-----:..::.-~--------~------... ~ .,f 860400 : \~ ) ~% !\ C ·~~~:-';:\:,_, .,,. .., ,:,----= ==·e·srn:.-,.. _______ 1.-~ • .:_f:c:.JlffSf _MIW -.i::t.,. _ ~ - \ /\· ,./' ~;"'~~---·-_a:_ __ ,--·---~ _-_:-:_ --·---•---·- · ~ci· \ '111 ~~~~ 0 --\ ··::.. ~ .. \~,,\\·\ ,,_-' ,; I .\\ ,,. \ ',•'-~-\ ·."~ ~/ ·, ' I ·-: • .--, ., ~,; • • ;~_:---. -\ 729.0926 ANO UP TRACKS NTRACTOR SHALL NOT BE OED IN THE COST OF TH£ ARE EX 1ST ING GROUND QfVI !PTICW GAS LINE GAS LINE SMITAIIT -[ GAS LINE SANITAIIT SE.II ~ Sl10.11IO ss10.11zz SJOl,1111 SS11,JI SJll ,lT CIIM1ff TINC z• CAS LINE atlCH IS ION BY PSCo AFTER llNATE THE 110A1t WI TH 60AE THAT NEITHER HIS -ING f-JT [Lt¥: UIS. l 'O LI NE C SPRINT I SHALL IE IR I N ACCOROANCE WI TH • SUCH PROTECTIVE BU T SHALL 11E INCIDENTAL IS CONJECTURAL. ION or THESE UTILITIES ........... -. au. ...... _ 534·8700 ............... _ .... _ ....... 100"L SUBMITTAL RID ADVANCE UTILITIES PHASE 2 ICENYON AVEIU: J ANUARY 19'7 ----...... _, __ -·--....... un .. 1TY 1&• SANITARY LAYCIJT • • tll I Ill I • j .. ... 04 111. .,1511115 " Dal( I I " • • - UT. IIAT(: II.AL IIAT(: :/avlrt/37ur-101 /lhltlul001 .allt Jan. 27 . 1997 12 :51 :18 ,, ) f ; ,, ,~ --I IIAT(: 1111(: • ..... j I 1 ! I ; .' ; I I . 0 ( .: ~ !<, ~ . ~ I I I .. l i EXISTINC.~ e I !- f I -I t ---- • • ,I I ii I I' ~ j I I I \ -I ----· I __ -_-r -1 --~--' THE SCOPE OF THE NEW IY TH( ENGINEER AT 5320 5310 5300 5290 ~S..:-S-l EE CAS I NC t EX ) t----'--l--------l-----'-'"+-.---..1---------.------------------1 l t--- lN S I j 1 OO"L SUBMITTAL J ANUAR Y 1997 • RiD 1111-__. ...... ,." ,. ,,.,_, __ -.ca--•••,.... ADVANCE UTILITIES PHASE 2 KENYON AVENJE UTllTY 16" SMIT MY Pl.AN I PROflE ..... 5210 --1'1.[ -- !!!!!!!!!. •· .. I ,._ • -I ~ I , 1111 I .. TAIILATIQN OF CIUANTITIES • . . • , .. '1.# 1 S. SANTA FE DR. ' ~· ' ~1 CONSTRUCT 66 LF CONCRETE SADDLE «?!!.,. ~ 3, t 11• SANITARY. SEE DIIC SIIIIU2009 .....,~ Ill "° Sl8U4DD1 FOR DETAILS. ~ : 1 -\ r::==--.-===4== CIIU[ClUIIAl LOCATION ITD I[ FJ[LD-wPIFJ[DI 0.'1.E i..tt. NOTES: '\~ _i ;\~ :~ ~~, t\~ l1 ~· v~''. 1. 1r SANITARY CROSSES INSF TRACKS AT .. l+UT2. • INCLUDES TIIEIICMIIIG. SNOIIIIIG. AND IACKF'ILL • 2. SHORING AND/Qlt Til[NCN ~T IT THE CQNTF l"AID F'Olt SE1"AIIAT£LT. IUT SHALL IE IIICLUDEC IQlttt. ]. ELEVATIONS FOIi -IIIG LOGS AND l"OTMOLES AR UNLESS STATtD DTNPIIISE. 4. EXISTING GAS •111 MD FIIEII .. TIC LINES 10 IE NOTECltD MD SIIIPClllltD IT THE CONTRACT IIES11£CT IV£ AGUICT' S STANDAIIDS AND IIEOU IIIEII liEASUIIES SHALL IE INCIDENTAL TO THE COST .,,..,lrcll7ur-10l /~OJ6 .allc Jan . 27 . 1117 lJ:05 :&7 • , ·-------~----------~---. • • '· __, _ __,,,.. -. ,-· CAUTION-FIBER OPTIC LINES ,.-;-;·--..:_·--=·::· .. ~-:\:--~..=-:..-_--· ---~~~:...-~--,_!..--, -"~:_-_--•---_, •l--uc..--.~-...r1.---.-.Ill.""=-~-='"4/·-~ --"'-....,._~EA= --..-L!l.-~..-..r.a...--_......ic.-~ia.--..-..st....- :--)£=~~~~:~~=,: ~---:~ 1+2523 ANO UP TRACKS · ACTOR SHALL NOT BE IN THE COST OF THE E EX IST ING GROUND IES T ANO SPRINT I SHALL OR IN ACCORDANCE WITH THE ENTS. SUCH PROTEC Tl VE llF OTHER CONTRACT WORK. ma.. an ,eua GAS Lllll GAS Lllll G&S Lllll G&S Lllll ... .• , ... n[Y, Slfl.S Cl SAIIDSTIJI[ 1.•·::';:::::== I l[DIIIJCI ICVIZ 14.IIZ .. .,,, ............. 534:1700 ._ ____ _ , ... _ ..... WllA.WIII ,CDMiallNllicJ.$ _____ _ SZH.5311 CAS.STtEL.z•·· •o· .TOI' OF "'"' ,ns.n<S CAS.STtEL,Z<". 57" TOI' OF "11'£ Rfl,OIII CAS,STtEL,14", 11" TOI' OF "11'£ 5117,Rlt CAS.STEEL,Z<", to• TOI' OF "'"' ••• ,-n nn. ""·' .. IIIG F-<17 nrw. sno., .t :..f ::: -!I-,-__ S,IZ J' 111'12 '"" 34.112 100"1. SUBMITTAL JANUARY 1991 RID ----........ , .. ---......... .. ') JIEBIN e ADVANCE UTILITIES PHASE 2 YALE AVENUE UTILITY 11• SANITARY LAYCIJT • ... .. • • • i.3 ; • • ,/ ,. ---,;--T(;-:--·~---0-----·.;---• ~-r.. ----- I -~ C :.) .i£, '/ ! [ a-• 1r-. I ------. ~--~--~--~, ~E~~-:~-== ! -·-i · ,b~ CASIIIC €XI J I ' 1 I I ,i c..-Jl , § CONSTRUCT 66 Lf".fONCRETE SADDLE. ' '. 1 :! "'" SEE D9G-SWU40D1 FDR DETAILS f ~j , 1 'I , ~ -:.. / . t rr:, · .i ! .. ~,~ --ii,lJ '-·i I' yp? !j t,·/ 0 ! i .f/1 , ! : ~;;/' i iJfI ~ ~ ·! r 5260 5 50 :/awlrt/l7ur-101/.......,2009 .abt Jan . 27 . ltt7 ll :11 :17 ' ' , I I" I , /. I I I I I I • • 0 '32xl • I I ~,- §/ t r I I , .J : . . ·I I :F -- -0 . ' ) -~ I \ ' { ! ' (. x ! ':I' , ' • • ! ('' AOOITIONAL :Pllj OTECTION UNDER EXISTING TRACKS TO BE .COliPLETEO BY OTHERS UNDER FUTURE "CONTRACT I ' ~ .. ,. ; { t• - e .............. ....... ,.. ........ i t 534·6700 Cl), I ......... .___ u, ......... I ----. ------· ----,----5.__-__ -·-------------_=_, ----I -~ ~---------;---t--- 11!1 1 • .. 5!1 -:._ ---· ~· J s ---·--------=. --!! C ! _c.--_J""J ....-----r --:..,.... -~ ........ -'-:..--~ ----_ i ) --1 ----1 -It" --~-=-j- i -_ -_ . 11 -_ -, ' ·----· -• -1 I -----1 1 OO"L . --·,,~· CAISING 'j"' C Ill ........ SUBMITTAL RID 11&1-__..,,. 111•1e1 •• 1na UIIII • • _j ·-! - I . -j --_j _ I -'5]00 I ; I . -I I I -:5290 I -- I ---r- I -! I i M•STATIIJNSo £LEI ATIONSo ANO GRAOt: Of EXIST INC ~.~ a.-,_._,1111'!' ---••-~•••• I llr -•-ft '~ IIJRIF IED IY TME CONTIIACTOR. THE SCOPE OF THE NEW PIIOTECTIOM WILL ej CONFIRIIEO IY THE ENGINEER AT ~ I . :5210 .5270 5260 --,---• I ·5250 ADVANCE UTILITIES PHASE 2 YALE AVENUE UTILITY 111-.c ,U:11111(, !!!!!!!!!.. • JANUARY 1997 ---£6\ .... :c.NltlS E 11• SANITARY PLAN & PRCFILE $N(£T: 1111. Z7 a, tt , .. ,.... -·- ..... ... • I ' • • • . ' • : \ : ' l-----------------~-4i·~·~F---.--· :_. \ \ ~ \.i \ ~ ·~ 43 LF CONCRETE SAOOlE TIIIUUTICII IF auaTITIES ITtll auat1n T[ SADDLE! 15" OIA. I • 10 LF S T1ltllCN ING, SNOII I NG, ANO IACllF I LL. Pell. 05 . ltt7 12:lt:JO NOTES: 1. 11• SANITARY CIIOSS(S 1NSF TRACXS AT • AT IP T~. z. SHORING MID/OR TRENCH SUPPORT IT THE PAID FOR S(ltlRAT[LT. a,T SHALL 11£ I .... :S. ELEY~TUINS FOR -ING LOGS ANO POTMlll.. IN.ESS STATED OTICIIWIS[. 4. THE SANITARY LINE LIES a.OS£ TO AN Elt SCHEIIIA.ED FOR PROTtCTICII AND/OR RELOC APRIL• 1ttT. THE CONTRACTOR SHALL CC PSCO.IJUSTIII CISUGNI AT 294-ZZZOI TC NOR PSCo'a SCNtllUL.E IS OISIIUPTEO. S. THIICIUGNOUT TNt CCIIISTIIUCTICIN• EXISTI PROTECTtO AND Sll'PORTtO IT TNt CCIIITR THE STAIIOAROS AND lltGUIIIPENTS IF SPF IEASUlltS IILL NOT K PAID FOR S[PARA1 TO TN[ COST IF OTNtR CCIITIIACT .... • . .. •· ,--------------------------------·----------------------------------,.--- ... • ·, • .. s. SANTA FE OR. •:1----:=-,;:-.,.~ ' ,, . --re--_ ;;-_-: :,c---••---•ii-:,;_ --••---••-_-:_;;:-_ -••-:.-~:: IA....l,:-. . . •. --.... ---~ _..,_ --.. ~..JIOII,--_,,,_ --L--·-:-=--------~ -,_.!!!!_ ______ ~Ll_..__ ---------•: -·,·--r---~~-----L-j I I -•===:=:+:= ~-. , i:.·~,s,,·,c; sa rP.~r----~--;----_ 195~ \ .. 1 ~ 1 • I I ; , 1 ~ ,;,,..,.,.,..p ~~ \\. ·-r ' .• 'I :x,sr NC !>'8 Fl,£1CHT ,_ • •T ' : •? .,\· ......... UtT - .. · .·. 1, . ' _,....., ( ''--------''-----\ I mwft.P. ii" ta, clF 111111 GAl,ITUL,J", tJ" TIii' a, 1'11'1 e l~'~i~·~,m--........ IS" SMIITlft, ti?"' ra TIii' a, 11i,1 • COIITRAC TOR SHAl.L NOT I[ l.UDED IN TH£ COST aF THE .ES ARE EX 1ST ING G110UNO :•STINC z• CAS LIIE •ICM IS :ATICJN IIY PSCo AFTElt OIOINATE TH£ _,. WITH I ENSURE THU NE I THEIi HIS ;F/OLINE CSPIIINTI SHALL I[ .CTOR IN ACCDROANCE WITH IINT, SUCH l'ROT[CTI V£ "ELY IIUT SMAI.L I[ INCID[NTAL ---~ - 851 SUBMITTAL F[IIIUMT 1111 RID -----· .. -·----·-- -IIC r-,r ILIYI Utl,f [.'::!i t-:: 11111 ,. ::: I0'11 ~--IOltZ ._ LINE SEGMENT 4 ,:r::.. ICENYON AVOU -1-----~un.=---=,,:"."Y~-----EIIIIII~';;;;' ;.i 11• SANITAl'f UTIIIT :.a __ . : ''I~ ' 'if- • • 0 • "· I , -----··--, I . I • • IY DAit KSICCO 1Y1 UT. D&Tt1 Y: IU. D&lt: ll :30 :U • • ··---------:-:,r------:--__ __ • • . . _j,..... ____ _ . .. .. . . I UN -- u,o I IJOO RIO UIO • RID -··-,1......, ''" ---·----·--0 ·, 0 • S. SANTA FE OR. 16 LF CONCRETE SADDLE IEX.I O.rt.ELEC. 58 LIIT ! • EXfSTINC -~ E £!CijTIN8 .LIIT 20..00 .c C Ttlll.ATIClt a, CIUIIITITIIS ITIII CIUMITITT 111• DIA,I• :SO LF S Til£NCH I NG, SHOii I IIG, ANO IIACltF I LL • -··-··-··-··-···-··-··-··-·-ta-..--'_ii __ ,,_ .. _. - ""°""'' . £:, . ~ ---~ CONSTIIUCT :so LF . CONCIIETE . s.tOOCt"'ON 11• SANITARY. SEE Dlft.S~oot AfCI Saou4001 FOIi DETAILS. <c1·· , y.. ' __).,<.'.<v ----~C""-'"J' , -~ ~r- NOTES: 1. 11• SANITARY CIIOSSES 1NSF TltAC11S AT "' r : AT "' 1+2ST2. z. SNClltlllG AND/Git TlltNCN SUl"flOIIT IT THE CON ' f'AIO FOIi S(f'AbTELT, a,y SHALL IE INCLUOI .... :S, ELEVATIONS FOIi -ING LOGS ANO l'OTHOLES I UNLESS STATED OTICIIWISE. 4. EXISTING GAS MAIN AND FIIEII OPTIC LINES I IIE f'IIOTtCTtD ANO ~TED IT THE CONTIIAC IIISf'ECTIVI AGENCY'S STANDAIIOS AND ltECIUIIIE IIEASUIIIS SMALL IE INCID[NTAL TO THE COST .. I • • •, • <. ----·---------·-----------------------------· l , ~ -.. ---.. _____________ __;;__ ______ . ~, ' . ~ _,,._ • • I ~ ·- fJlala. MKIIPIJW 10+2523 ANO UP TRACKS fRACTIII SHAlL NOT IE :o IN THE COST OF THE RE EX 1ST ING GROUND CIIIEST AHO Sl'RINT I SHALL TIii IN ACCORDANCE 11 TH THE IIENTS. SUCH PROTECT IV£ Of OTHER CONTRACT WQft. -, \ \ \ \ - e ILUAUai ,CPM-IIIIID:l...----- 1111,UII GASoSTUl.,I•"• ea• 1'11' r, "IPl sm.nes GM,STUL,,. •• 11· 1'11' f/1 ... .. sm.••• .... sttn,,.·. u· 1'11' r, ... ,. Ulf.Rn .... STUL,,.., ti" 1'11' f/1 "l'I _,., .. , ILIY, IIW•I r--1 ,. FILL t IGnl L -. . IOIII I IOIII 'j' FILL IUII IJ' i:r" IIIII l&.JIIC I... ..,., I I ''" . .. ... ' "'' '"'' '"' ,.,,, -- - - 85'1 SUBMITTAL RID ---..... -.. ---···-4 I- __ L_I_NE~SE~GIE~N-T-4---li,:r::..~~ YALE AVENUE UTILln ~,, 1 I• SAIII T MY LA \'OUT ::-.1 __ ... • --------------.------i• • 0 • i I ' CONSTRUCT 30 LF CONCRETE ~AOOLE. SEE OIIG SII0~001 FOR DETAILS ST/I 1 +<10 I START OF 110A1t I , / N 1668197.]976. E ]142159,5151 E 3142719.6531 ·_; ·'; ~---____ ... _"!l..T I ' .ofOO t ' ' .' / '' 'I --·---- ! / .... __ , .. ., , ..... ,. .. •a: I· , ·:-------------------.---._ I I I i I ,: '\ I· I If ~, : l '•, 11!1 ;1 s, ·- I ... , or FIN I SHED • 1.-GIIAOE i - I ,:g ',,_ . , .. • N r. I I '. I I I l , I YALE AVE. -+·· ------:._ --~-~-===F--~ ---_ --1=-..--- -__ -=------:. ·:. ,--, _ - L-U1S1l11G GIIGU ii) e l £1 l'IP£ 1 I -__ [ -I ---------~-~. ----.J --' !! ~ ----_1L....::=.:-=-~-~-==--·=-=-.t==--=-=-~~--;___:_-_---1 -=---=--- SJOO UIO Ee: "'t.: ~.:.r-r' I --_ .:_ - I !1 .. i -- I ---: -- •w -.. ....__ - -'IIIIF'IID IY" nc-.. ...-~ . -L_:nc. -~~-~.!II •• I IIDTtCT 111 .... -· ' TIO ·-· II '' ---+-............. ---4 __ -+---; iif"ll• F __ IJllll;AJ IT•-•-.__· ----- ---IHG ·~ ~,";.; -------· -_._..:_ :._ . ..:,_._-_, - I ~-· . . --------------------------sno ·-~-----__JIS.,_i--!-8-=~-.. -.--;;;La,l~NE~SE~GME~N~T-.. ~-&5: YALE AVENUE !!!!!!!!. '"°° ·--RID -851. I' SUIMITTAl. ;__ .: ---.......... f[IIIUM'f ''" ---·-- • •. • • 0 '32xl ••c• IIEIW. IMS • 12• TIJI & IDTTOM <. L > ... • • .. CUSS D Ill DX CGNCIIETE SADOLE 4.500 11'51 IN ZI DAYS ... • NIGH DENSITY STYROF'OMI FOIII EXCAVATE TO PIPE SPIIINGLINE. EIIGINEP WILL ASSESS S&IIGhllE J FCIII POSSlaE IIICOIIPACTIIII • IIIPUCOIIIT. •mt TIILE SMALL IE KEPT IELOW AND AaY F'1IGII SI--AT M.L THIES. SUIGRAOE SMALL K IEPT DltY ... ST-E NI• TO COIICIIITIIC TYPICAL SANITARY OR STORM SEIER CONCRETE SADDLE DETAIL SCM.E: .,. •• t. -o· CAIIIIEII A I C D DIA. s z4• ,z· z·~· .. I S4Z-,z· z•-4• .. I s 11· 11• s·~· .. ' . ' • . .. • • 0 .1-------------------~--------., STRUCTURE BACKFILLED !CLASS ll COMPACTED TO 95'1 STANDARD PROC TOR DENS I TY UNDISTURBED EARTH z• X 4• GALVANIZED STEEL <EYWAY <FULL LENGTH! TOP OF FOOTING AT SPRINGLINE C TYP. l _j 0 • 54" SPAN X 33• RISE, TYPE "7N" CORRUGATED GALVANIZED STEEL ARCH AS MANUFACTURED BY CONTECH OR APPROVED EOUAL PIPE TRENCHING TO BE IN ACCORDANCE WITH OSHA REGULATIONS ,----1'-6" X 1'-0" . -o· ~~ CONCRETE FOOTING AS REQUIRED BY hl'GR. C TYP. l Y PIPE. CONNECT ARCH TO <EYWAY AS RECOIAIENOEO VARIES 3Y IIFGR. NOTE: WHERE PIPE ARCH CONNECTS TO EXISTING CIRCULAR STEEL CASING, PIPE ARCH SHALL BE EXTENDED 3 LF OVER CASING ANO A MASS CONCRETE BLOCK POURED OVER THE OVERLAP PORTION, MINllolJM 12" THICKNESS, UNREINFORCED. EXCAVATE TO PIPE SPRINGLINE, ENGINEER WILL ASSESS SUBGRAOE FOR POSSIBLE RECOlof'ACTION OR REPLACEMENT. WATER TABLE SHALL BE KEPT BELOW ANO AWAY FROM SUBGRAOE AT ALL TIMES. SUBGRAOE SHALL BE KEPT ORY ANO STABLE PRIOR TO CONCRETING PIPE ARCH PROTECTION DETAIL SCALE: ''z° • 1 '-0" -----~~,,lSTING GROUND ,- '§§1(!//~~ II 11 ::+'' "' ---- 36 . "6 ~ 12 " CENTERS DO WELL ED 1 2 " MIN. I NTO WALLS OF MANHOLE C TY P. l 11 I I.--r ___ _JJ._ m:-'-l 1------dil I I -e.·s • 9• • ... I BOTH WAYS N -I NOTES: REIICIVE EXISTING MANHOLE TO NEAT LINE 12• ABOVE TOP OF CARRIER PIPE 1, CONSTRUCTION ANO IMTEAIAl.S USED SHALL BE IN ACCORDANCE 11TH 1111> STANDARD SPECIFICATIONS, . ,. WAYS CONSTRUCT COOT CLASS O OR OX 14,500 ~SI IN 21 DAYS I ROOF sue TO F IT ON TOP 17 EX IS T I NC IIANHOL~ Ill.LS, ESTIIMTED SLA8 l)l~NSIONS All£ ,o·x,o «SOUAIIEl AT AIUZONA ANO' OUTER DIAll[TEA «CIRCLE> AT QUINCY IILL IE IOJUSTEO TO SUIT FIELD CONDITIONS AS REOU I 11£D )UINCY ANO ARIZONA MANHOLE MODIFICATION NOT TO SCALE RID ADVANCE UTILITIES PHASE 2 100'1 SUBMl TTAL ,. ,, .. \IIIU.f • 111 .,.,,ca __ u L y SNl[T : ._a SANITARY SEIER PIIITtCTUII DETAILS "' J ANUARY 1997 111111'1~ •c:.A ' • •. .. I • • • CUSS O Olt OX CONCRETE SAl>O 4,500 PSI IN 21 OATS "I" • MIGM lllNSITT STTIICFOMI FOMI DCAYA1'£ TO ,ti'[ SNIIQ.IIC, [NGINEEI •ILL ASSESS SlaGIIAD€ J FG11 ,oss1at IIECCll"ACTICII Cit IEPUCOEIIT. a1'£11 TAaE IIIILL • UPT IEL119 .... ANT '111111 SUIGIIAIIE AT ALL TUES, tu1G11A111 SMALL IE ltEPT 1111T Me ST-E l'IUCII TO CIJNCIIUING SANITARY OR STORM SEWER CONCRETE SADDLE DETAIL SCAL.£1 •-.• • 1' ~· CMalP A I C D DIA, S 24" ,,. ,·~· • I s 4,. 11• , ..... • I s 11· ,,. s·~· • T ., ....... ,wu ..... ·-., .... ~ ,, ........ .. • 0 1 32xl ---------------------,. LE • • iii STRUCTURE IACIFILLED I CLASS 11 COll'ACT[D TD 95" ST ANDAAD PIIOCTOA DENSITY z• X 4• GAI.VANIZED STEEL KETWAT IFULL L[NGTHI TOP OF FOOTING &T SPIIINGLINE OF PIPE, CONNECT ARCH TO IETWAT AS IIECOIIIENDED IT IIFGA. VARIES 0 • 54• SPAN X ll" RISE, TYPE "TN" COIIRUGATED GAI.VANIZED STEEL ARCH AS IIANUF AC TUIIED IT CDNTECH DR APPROVED EOUAl PI PE TRENCH I NC TO IE IN ACCOAOANCE WITH OSHA REGULATIONS NOTE: INEAE PIPE ARCH CIJIIIIECTS TO EXIST ING CIRCULAII STEEL CASING. PIPE AIICl4 SHAU IE EXTENDED l LF OVER CASI NG AND A IIASS ~~~ ~~-~OT~c:.~. °=r.-ORCED, EXCAVATE TO PIPE SPIIINGLINE, ENGINEER WILL ASSESS SUICAADE FOR POSSlllE AECOll'ACTIDN DA AEPLACEIENT. WATER TAILE SHALL IE KEPT BELOW AND AWAT FROM SUIGAADE &T Al.L TIMES, SUIGAADE SHll.L IE KEPT ORT AND STAllE PRIOR TO CONCRETING PIPE ARCH PROTECTION DETAIL . .. ]6" a& • 12 • CENTERS DOIIELLED 12• MIN. INTO WALLS OF MANHOLE I TTP. I SCALE I ..... , • -o· NOTES1 RE:liGVE EXISTING MAMtO&.E TD ICAT LINE 12• MOYE TOP OF CAIIII IER P 11"£ 1. CCIIISTIIUCTICIN MG MTtlllM.S UKD SMALL K IN 4CCOROMICE WITM -STAIGMD 5'£CIF ICATIIIIS. • a· WAYS CONSTIIUCT CDDT CLASS D 1111 DX 14. SCIO I'S I IN 21 DAYSI IIOIIF SUI TO FIT CIN TCP OF EXISTING ~~ ~~sn·J~b:a~'='~= ffl-n11 ICIIICLU AT QUINCY WILL K .IOJUSTED TO SUIT FIELD CCINDITICINS AS lllCIUl..:D OUINCY ANO ARIZONA MANHOLE MODIFICATION 85'1 SUBMITTAL F[IIIIUAlt'f 1 ft T • NOT TO SCALE RID _ .......... ... ... _, __ ---........ a LINE SEGMENT 4 1----------:-:w-r:-U L-..-Y -----==--ti SMIITMT SEID ... ltCTla IUAILS ' •. .. •• • • - .. COUNCIL COIIIIUNICATION Date Agendaltem Subject May 19, 1997 10 a ii Southgate Supplement #131 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTlON None . RECOMMENDED ACTION The Water and Sewer Board, at their May 13, 1997 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #131. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFIED A request was made by the Soulhgate Sanitation District representing the owner/developer for inclusion into the Southgate Sanitation District. Supplement #131 is for an area approximately 32.1 aaes. The zoning per Arapahoe Ccu,ty i1 Single Family Residence . Residential zoning is the intel lded use d the property which will allow a maxinun of 1 residence per 2 aaes for Parcel 1 a,d one lot per acre for Parcel 2. The legal is attached as Exhibit A. The property i1 located near Colorado Blvd . between E. Belleview and E. On::twd Rd., along the Highline Canal. FINANCIAL •PACT None . UST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #131. .. ,. • 0 1 32 x l • ORDINANCE NO . _ SERIES OF 1997 ·, • t• - BY AUTHORITY ABILLPOR COUNCD.. BILL NO. 50 INTRODUCED BY COUNCIL IIBIIBBR~~~~~~ AN ORDINANCE APPROVING SUPPLBIIBNT NO. 131 TO TBB SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate SanitatiOD District recommmd• the illduaion of appromnately 32.1 acres into the Dinrict; and WHEREAS, said inclusion is located near South Colorado Boulevard between East Belleview and East Orchard Road along the High1ine Canal and the zoning of this property is residential zoning; and WHEREAS, the residential zoning ia intended to allow a maximum of l residence per 2 acres for Parcel l and one lot per acre for Parcel 2; and WHEREAS, said anneutian of thia additional parcel of land will not increaN the tap allocatian to the Southgate Sanitation District; and WHEREAS, the Enclewood Wat.er and Sewer Board recommended approval of Supplement No. 131 to tbe Soutbpte Saitatim Dimict at tbe May 13, 1997 meetinc; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS POU.OWS: Sactign 1. The Apeement bei-tbe City ofEnclewoocl and Soutbpte Sanitation District entitled "Supplement No. 131 to Connector's Apwment", wbich illdudea apprmtimately 32.1 acrN located -South Colorado BoaleYard b9tw98ll Baa Belleview and Eut Orchard Road ucmc tbe lfiabline Cual, and tbe SG1U111 al tbia property ia residential ZOIUDI into tbe Soutbpie SanitatiOD Diatrict ia ba9by approved. A copy al said Acr-t ia at:tacbed banto u "El:bibit 1 • and incorporated herein by reference. Sec;tjgp 2 . The Mayor and City Cln are hereby autbariwi to mp and atteat, reapec:tively, the said Apwment far ad OD behalf of tbe City Council and tbe City al Englewood, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCD.. OF THE CITY OF ENGLEWOOD, COLORADO, AS POU.OWS: Introduced, read in tun, and p-.1 OD 8nt rNdiDf Oil tbe 19th day al May, 1997. -1- ...... .. ' I· 0 1 32xl ,' • • h • Publiabed u a Bill fi>r an Ordinance OD the 22nd day of May, 1997. Tbomu J . Suma, Mayor ATTEST : Loacriabia A. Ellia, City Clerk I, Loacriabia A. EDia, City Clerk al the City al Bapewood. Colando, hlnby «-tify' tbat the abcml and &intom, ia a true copy al a Bill tbr an C>rdiume, imroclw:ecl, read iD full, and pMNd Oil tint readiq OD the 19th day al Ila:,, 1997. Low:riabia A. Ellia -2- '\,. . ' . ' , . • • 0 -. • r '' '32xl • • • (. " SUPPLEMENT NO . LJj__ TO CONNECTOR'S AGRSIIMSNT TRIS AGREEMENT , made and entered into by and between the CITY or ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the •city,• and SOUTHGATB SANITATION DISTRICT , Arapahoe and Douglas Countiea, Colorado, hereinafter called the "Diatrict,• lfITNESSICTII: lfHSRllS, on thP. 20th day of June, 1961, the City and the Diatrict entered into an llgree-nt in which the City agreed to treat aewage originat Ing from the Diatrict • 11 sanitary sawer ayaten, within the area aerved by the District, which Agre-nt waa moat recently ren.....<t by Connector•11 Agre..,,nt datlld Noveaber 16, 1988; and IIIIDSAII, 11aid Connector•• Agre..,,nt provide• that the diatrict -y not enlarge its aervice area without the written conaant of the City; NOif, THBRErORE, in consideration of the n,utual covenant11 and undertaking• herdn set forth, the partiea agree•• followa: l . The City hereby consent11 to the incluaion of certain additional area located in Arapahoe County, Colorado, owned by THE PRS8BRVII AT GaSDWOOD VILLAGE. and more fully deacribed on ~ 6 attachlld hereto and incorporated ·herein by reference, into Southgate Sanitation Dilltrict . The City agrees that aaid addi- tional area -y be aerved with the se-r facilitie• of the Oiat•·ict, and that the City wi 11 treat the sewage diacharged into the city' 11 trunk line fret• said additional area, all in accordance with the Connector's Agreement dated November 16 , 1988 . According- ly, Exhibit A referred to in Paragraph l of th• Connector·• Agree,..nt datlld Novanober 16, 1988, ia hereby amended to include auch additional area . 2. Bach and every other proviaion of the aaid Connec- tor'• Agra.,..nt dated Nov8"'ber 16, 1918, ahall r81118in unchanged. DI lflTIISSB WRDSOr, the parti•• have ••t their handa and aeala thia ~~-day of , 1996. ATTEST: Ciff CLDlt ISEALI c1n or DIGLallOOD aovrllllAft BAIIITAflCla DHTllICT, uu..-.., DOOm.all comft'I ... COLoaADO E X H I I! I T 1 .. • • ; • • • <, PARCEL I A parcel of land in the Nortbweat Quarcer of Section 18, Townebip 5 South. Range ,7 waec of ebe Sixelt Principal Meridian. Councy of Arapahoe , Staea of Colorado, being aor• parcicularly daacribed aa follow•: For tb• pul:lK'•• of thia daacription cbe bearing• are baaed on cha weacarly line of cha Souchweat Quarter of aaid Section ll between the Soutllw••t ~orn•r aarked by a)• cap P .L.S . 7104 in range box and cha Weac Quarcar corner aarkad by a 3" cap P .L .S. 7735 in rang• box. bear i ng North 00•20•13• Eaac . coaaancing at the waat Quarcer corner of said Saccion 11: Thane• Morch 19"42'50" Ease along cbe E&ac-Waac cancarlina of aaid Saction 11 a diatanc• of &02.50 faat to a poi.Ac on cna waatarly line of the l&at Half of th• Waat Half of tba llorthwe&t Quarter; Thence North 00"11 '32" &&at along aaid waacarly line a diaC&Ac• of 1199 .43 feat to a poinc on th• northerly right-of-way of th• Highl i na Canal a• daacribed in Book 179 at P89• 513 of th• Arap&!lo• County Clark and Recorder• Office and th• POINT or IEGIHIIDIG : Thane• North 00•11•12• !&at along aaid weaterly line a diatance Thence Thence Thence Thence of 497.21 feet to a point ; 114.10 feet to a point : 319 .50 feat to a point; 74.58 feat to a point; 309 .21 feat to a point North ,s•o1•51• l&&t a distance of South 38"53'19" East a distance of South 19"48'28" East a distance of South 00"11 '32 " Was: a distance of of curvature; central length of 174 .46 Thence along tba arc of a curve to the right having a an9l• of 34",!'29 ". radi~s of 295 .33 feet, arc 177 .lO feat (chord bears South 11•22•11• West, feat) to a point on th• ~ortharly right-of-way line of · said Highline Canal : Thane• Horth 55•2&•59• Waat alor..g ~~id northerly right-of-way line non -tangent to eh• p=•vious curve a diatance of 68.11 feet to a poi~t of curvature; Thence along said northerly righe-of-way line along the arc of a curve eo the left having a cantral a119l• of 14•24•30•. radiu• of 121,.,, feet, ar.c length of 306.71 f .. c (chord bear• North &2•39•1,• Wast. 305.tO feet) to the POIXT or HGINIIIHG. Containill9 4.450 acre•, aor• or l•••· Exhibit A Sheet l of 2 .. .. • 0 '32 x l • • ,~ - A parcel of l•nd in the Northweat Quarter of Section 18. Township 5 South, Range 67 West of t!1.e Si.xth Principal Meridian, County ot Arapahoe, State of Colorado , being more particularly described•• follows: For the purpoae of thia desc~iption t~e bearing• are baaed on the weecerly line Qt the Southweac Qu&rce: of a&id Section 18 beeween the Southwe•t corner m&rked by• 3· cap P.L.S. 7104 in range box and the We•t Quarter corner aerked by a J• cap P .L.S. 7735 in range box. bearing North 00•20·13• East . co .. encing at che We•c Quarter eorne: at aaid Section 18; Thence Horth 89"42'50" Ea•t along the East-We•t centerline of eeid Section 18 a distance of 602 .50 feet co a point on th• we•terly line of the East half of th• W••t halt ot ••id llorthwest Quarter and the POINT OP' IECIM11I.NG; Thence Horth 00•11•32• East a distance of 1092.42 along eaid weetarly line to a point of non-tangent curvature on the eoutherly right-of-way line o! the llighline Canal ae deacribed in Book 179 at Page Sil of the Arapahoe County Clerk and Recorder• Office ; Thence along said southerly right•of-·.ray line the following eleven (ll) course•: l . Thence the arc of a curve to ;~a right having a central angle of 12•32•22•, radius of 1119 .66 feet, arc length of 245.0, teat (chord beer• South 6l"43'lO· ~st. 2,,.55 feat) to a point: 2. Thence South 55'26'59• East a distance of 300 .74 feet to a point of cur·,a ture; 3 . Thence along the arc of a cur·,e to the lef e having • ~. Thence 5 . Thence ;. -:'hence 7. Thence a . Thence 9. Thence 10 . Thence ll . Thence Thane• South Thence South central angle of 01•1;·12•, radiue of 971 .48 feet. arc length of 12;.,5 feet (chord bear• South 59'l,'l5" East . 129 .35 feet) to a point; South 63'0l 'll" E••t a ~istance of S66 .29 feet to• point of cur•;ature : &long the arc of a cu:-~.#e to the left. navin9 a central angle o! 20•52•01•. radius of 312 .18 feet, arc length ot 113.70 !e•t (chord be~r• South 73'27'31" !:&st. lll.Oi feet) to• point; South 63'53' ;2• !:&st a i:istar.ce of 237 .64 feet _.to a point; along :ha ar: of i. cur.·• co :he right having a central angle of 05•3~·;;•, radius of 1403.38 feat, arc length o! ll&.27 !eet (chord bear• South 6l'06 "j7• t&at. lj6 .22 teat) to• point; South ;a•19•;3• Ea•t a ciatance of 244.12 teat co• point of cu:-vature; along the arc of a cur:e to the right having a central angle ot 29•01·,s•. radius of lll.71 teat, arc length ot l69.ll feet (chord bear• South 53•41·so• East. l67.Jl feet) to a point; South ;9•11•51• !&at a distance ot 201.47 teat to a point of curvature : along the arc of• curve to the left haviAg • central angle of 02"44'57•, radius of 597.12 teat, arc length of 28.68 feet (chord beer• South so•40•2,• East, 21 .67 feet) to a point; 40•42•02• West a distance ot 30 .69 feat to a point; 49•17•59• Eaat • di•t•nce of 59.67 feet to a poiAc: Thence South 65"19'19· l&•t a di•tance of 22.51 feet co a point on the Eaat•Weat cantarline of •aid Section 11; Thence South 19•42•05• Weat along ••id lasc-Weet centerline a distance of 2264 .45 feet t.o the POINT OF .IECIIIIIIDIG. Containing 27 .736 acre•. 1110re or leas . Exh i bit A sheet 2 ot 2 .. 0 I • ' ,-• • • • '· CHECKLIST SANITATION DISTRICT INCLUSIONS Current ground use: undeveloped Proposed ground use: Single family residence Existing zoning: Parcel 1: R2.0 (PUD) Parcel 2: Rl.O (PUD) Proposed zoning: No change Acreage: Parcel 1: 4 .450 Parcel 2: 27.736 Gravity sewer: Yea (Two lots on parcel 1 would be serviced through an individual •private• grinder pump system with a force main in the gravity line) Current owners: The Preserve at Greenwood Village, a Colorado general partnership Number of units: Map: See attached AU\IJJIO . at . J\IIJHl , 1 Parcel 1: Parcel 2: Maximum of one lot per two acres Maximum of one lot per acre • t • . .. • 0 1 a2xl • I \ \ • • . . EXHIBIT B -( ... VICINITY MAP ... SOUTHGATE SAN1TA110N DIS1RICT • SCAU: NA IUJ<, Tit. Nlf' . • 0 ,~ • '· COUNCIL COMMUNICATION Date Agenda Item May 19, 1997 10 a iii Subject S. Englewood Wastewater System Service Agreement INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCL ACTION The Resolution for the original Maintrm Agreement with South Englewood was passed by Council 7 -6-93, effective 10-1-93 for a tlY8e year period. There was a joint study session with the Water and Sewer Board and City Council March 9, 1992 and September 21, 1992. RECOMMENDED ACTION Council approval of the Wastewater System Service Agreement with South Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed Wastewater System Service Agreement with South Englewood Sanitation Distrid enables Englewood to continue to prQVide wastewater collection system maintenance for the area in the City of Englewood bou1daiies in exchange for an annual fee. This fee will be based on the 8fflOl.llt that we would bill the property within the effected area. Instead of billing the individual properties we would bill South Englewood the total amount. By this service inclusion, the City would provide sewer service to all customers within the City. The City would then be able to provide the same level of service that is provided to Olher citizens anently service by the City sanitation district. Under the agrwnent, the City will annually clean and inspect all District lines. The City shall respond to all .,,.. gei icy calls, take c:orrective action and answer all inquiries concerning sanitary sewer service. The total runber of acau,ts in the exclusion area is 2,278 residences encompassing approximately 1,002 aaes. South Englewood Sanitation District will continue to own the lines and will be responsible for capital improvements. The attached map shows the area in question. FINANCIAL IMPACT Revenues approximately equal expenditures, so no financial impact on the residents is projected. The district shall pay $39,600. per year to the City for wvice rendered. UST OF ATTACHMENTS Resolution South Englewood Wastewater System Service Agreement Map •. •· • 0 '32xl • ORDINANCE NO . _ SERIES OF 1997 0 • BY AUTHORITY ABILLPOB COUNCU. BILL NO. 34 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING AN AGB.BBIIBNT BETWBEN THE CITY OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER LINES OF THE DISTRICT LOCATED WITHIN THE CITY OF ENGLEWOOD BOUNDARIES. WHEREAS, the Englewood City Council appnmid the ori,ma1 main.-.-.Oce agreement with South Englewood Sanitation Diatric:t No . 1 for the m•inteo•nce of -er lines of the Dietrict located within the City ofEnp,wood boundariel with the pauege of Ordinance No . 36, Series 1993; end WHEREAS, joint study sesaiona between the Engl-ood Water and Sewer Board and the Englewood City Council concerning this matt.er were held on March 9 , 1992 and September 21, 1992; and WHEREAS, The City will continue to provide wutewater collection system maintenance for the area within the City's boundaries in euhange for an annual fee ; and WHEREAS, the fee will be baaed on the amount that the City would bill the property within the affected area; however, instead of billing the individual properties South Englewood Sanitation Dietrict No. 1 would be billed; and WHEREAS, the City would provide -aenice to all cuatomen within the City with this service inclusion; and WHEREAS, the City would then be able to provide the same level of aervice that ia provided to other citizens currently serviced by the City 1811itation dietrict; end WHEREAS, the City will annually clean end impec:t all Dietrict lin•, rapond to all emerpncy calla, take correc:tive action and enewer all inquiri• conc:ernins sanitary -er service; end WHEREAS, the South Enclewood Sanitetion Dietrict No. 1 will continue to own the lines and will be re1pon1ible for capital i.mprovaDeDte; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sa;tigp 1. The Wutewater System Service Acr-ent between South En,lewood Sanitation District No . 1 end the City of En,tewood for maintenance end operation of -lines af the Dietrict located within the City of Eql9wood boundariN ia hereby approved for a three year term; a copy af Mid Acr-ent ia attecbed hereto u Exhibit 1. Introduced, reed in full , and pueed on ftnt reediD( an the 19th clay of May, 1997. -1- ' .. I· • ,. . " · ... • Pabliabed u a Bill tar an Orclinance OD the 22nd day aIYay, 1997. 'l'bamaa J. Burm, Ma,ar ATTEST: Law:riabia A. Ellia, City Clerk I, Lc,w:riabia A. Dia, City Clerk al die City of Bqlewood, Colorado, hereby certify that the aba9e and fonlailll ia a true copy of a Bill for an OrdinaDce, introduced, read in full, and puaad OD ftnt readiDC OD the 19th day afllay, 1997. Loucriabia A. Ellia -2- ' . .. •. • 0 'a2xl • • • WASTIWA'l'Q SXSDM SERVICJ!! AGllEMEll'l' 'l'HIS AGREEMEl'fT, for the maintenance and operation of that part of the sanitary sewer system of SOOTH !KGLEWOOD SANITATION DISTRICT MO. 1 (the "District") within the corporate limits of the CITY OF DGLEWOOD ( the "City"), is made and entered into. effective October l, 1996, between the District and the City; WIT M ! S S ! TB: WHEREAS , the District owns and operates a sanitary sewer transmission system consisting of easements, collector and transmission lines, cleanouts and manholes (collectively '"facili- ties"), providing sanitary sewer service to its users in parts of Arapahoe County and five (5) municipalities, including the City; and WHEREAS. that part of the District's system within the City is shown on Exhibit "A" attached hereto; and WHEREAS , the City owns &nd operates its own system of sanitary sewer transmission lines , exclusive of the District's system, in the remainder of the City and has the equipment and personnel available to maintain and operate that part of the District's system within the City , as well as its own system; and WHEREAS, the City desires, on certain terms and conditions, to provide for the maintenance and operation of that part of the District's system within the City, and the District is willing to contract with the City for the said maintenance and operation; MOW, THEREFORE, for and in consideration of the mutual promises, benefits, and detriments of and to the parties hereto and for other good and valuable consideration, IT IS BEllEBY AGREED: l. Kaintepapce and Operation. Por the term and for payments by the District to the City as hereinafter set forth, the City shall provide for the all-inclusive and complete maintenance, repair, and operation of all of the District'• facili tiH within the City, ezceptin9 only for the construction of new or additional facilities not deemed replacement facilities and not considered as maintenance, repair or operations. 2. l'.IDD· This agreement shall be for a term of three (3) years from the effective date set forth above, subject to an option to renew as hereinafter set forth. 3. PaYJRtnts bf th• District. Por the HrvicH rendered u hereinafter defined, the District shall pay to the City S39, 600. 00 per year durin9 the term of this agre ... nt, payable quarterly in arrears, by the 10th day of the month followin9 E X R I B I T 1 .. •· 4. • • • •, • the end of each calendar quarter, one-fourth ( l/ 4) of the annual amount. Payments for any partial calendar quarters at the beginning or the end of this agreement shall be prorated based on the number of days of service provided by the City divided by the number of calendar days in the quarter affect- ed. All payments. pursuant to this agreement, shall be to the City of !nglewood , Department of Otilities , and remitted in care of the Director of Otilities at the address set forth in Paragraph 13 below. Services Provided. The City's all-inclusi•re and complete maintenance, repair and operation of all District facilities within the City, except for the construction of new or additional facilities, shall include, but not be limited to: (a) The annual cleaning and inspection of all District facilities within the City (manholes , cleanouts and transmission lines), such cleaning and inspecting to include. but not be limited to, visual and TV inspec- tions , root.-sawing, chemical line treatment , the jet flushing of lines, and cleaning and inspection, on a more accelerated basis , of any District facilities within the City which may require the same . (b) Responding to all emerqency calls and effecting the appropriate remedial action and cleanup, if necessary, and except for the sale and the payment of sewer taps within the District boundaries, shall answer all inqui- ries concerninq sanitary sewer service within the City. The District will pay for the cleanup resulting from a stoppage or backup in any District user's individual service line caused by a malfunction in a District line. If the malfunction in a District line is occasioned by the City's negligence in maintaining that line, the City shall pay for the cleanup. The City, without prior approval from the District, is authori:ed to contract for any such cleanup , which the District will pay up to a maximum amount as set forth in the District letter to the City identifying its contact persons, pursuant to Paragraph 6 below. Any cleanup expected to be in excess of that amount shall require the District's i11111ediate notification and prior approval. Nothing herein shall modify the City's reporting pursuant to Paragraph 6 of this agreement. (c) Making all routine and necessary repairs to the Dis- trict's facilities, by way of illustration and not limitation, point repairs, root-sawing, chemical line treatment, manhole adjustments, surface and subsurface maintenance , as required in any of the District's easements. However, the City will not be required to provide services that would be considered capital improvements, specifically defined as the replac: ... nt of more than twenty (20) feet of pipe at any one location. -2- ' ·. . r,, • I ·~ .. •· 0 • • 0 • (d) Marking all Dist:-ict facilities upon notice from the statewide one-call system, OMCC or its successor, pursuant to C.R.S. 9-l.5-lOl, et seq., marking the same in the manner and within the time established. The City shall be responsible for the marking only, and the District will pay the monthly fees to OMCC or its successor to notify the City to make such markings. (e) Any other services which may be agreed upon in writing as an amendment to this agreement during the term of this agreement. 5. Joint Response. The District and the City recognize that numerous collector and transmission lines, as set forth on Exhibit "B", either flow into the City or out of the City and that routine cleaning and maintenance and any emergency response in areas of such lines, their entry or exit into or from the City, may involve or require the joint response and action of the District and the City. The City wil! respond to any emergency calls within the City, and the District will respond to any emergency calls outside the City; however, both the City and the Di.strict wi 11 efhct whatever action is necessary to remedy the problem where•rer the same has oc- curred, and each will have the express and complete authority to cross boundary lines: (a) to locate and alleviate any stoppage, repair line breaks, or take such other corrective action; and/or (b) in flushing to disburse any accumulations or obstructions so that no problem is posed to downstream users. 6. Reports. The City will render reports on the cleaning, inspection, maintenance, repairs, and general operations of the District's system quarterly on or before the end of the month following each calendar quarter during th• term of this agreement and, within the next business day, provide reports of all emergency responses, and the District will provide contact persons and telephone numbers to the City for such purposes. 7. Sewer TIPI. The District shall continue to sell, as users within the City and its system request, sewer taps for the connection onto the District's lines on the same basis as the sale of these taps were made prior to the effective date of this agreement. Any new taps sold or added to the District's system shall not, in any manner, affect this agreement nor the City's obligations to provide service hereunder and shall not be considered an enlargement of the system. 8. Ownership of Pacilities. mothing in this agreement grants or conveys to the City any incidents of ownership, dominion or -3- ...... . ' I· 0 '32 x l • • 0 I• • control over, or rights i::i the District's facilities or with respect to its ~ers, except for the rights granted herein, which shall be those of an independent maintenance contractor, the access and license granted to the City in the District's facilities being limited to and prescribed by the provisions of this agreement. The City shall have no rights to discon- nect, extend, enlarge, convey, abandon or otherwise dispose of any of the District's facilities within the City without the express advance written consent of the District. 9. 19 Enlargement gf System. Mo enlargement of the District's system within the City limits shall be made which imposes additional obligations on the City, unless the same is made by way of an express written amendment to this agreement. Mew (additional) taps made on existing District facilities shall not be considered enlargement of the system. 10. Liability. Each of the parties agree to be liable for their own negligence in the performance of their obligations under this agreement. 11. Earlv Ter;nination/Nonpe.fo;mance. Should the District or the City fail to timely perform any obligation or be otherwise delinquent in the payment or performance of any provision or condition of this agreement. the nonperforming party shall be in default, but only after a written notice of the specific delinquency has been given to the nonperforming party, allowing thirty (30) days from receipt of such notice to cure or remedy the delinquency or provision of nonperformance. If the nonperforming party does not remedy its delinquency or nonperformance within the prescribed time, the other. at its option, without further notice, may take the appropriate legal action. including litigation, to collect any amounts due or past due, seek an injunction, or in any other manner seek redress, including the early termination of this agreement. Should any litigation result, the prevailing party shall recover its costs, including its expenses and reasonable attorney fees, from the other. 12. Option to 8101w. Mo later than three (3) months prior to the end of the term of this agreement the parties hereto may renew this agreement upon terms and conditions mutually agreeable. 13. Notices. All notices pursuant to this agreement shall be in writing, sent certified mail -return receipt requested or hand-delivered, notice being given when received, addressed to each of th• parties. with a copy to each party's attorney, as follows: -4- ...... •. ., I· • 0 '32xl • •, The City of Englewood Department of Otilities c/o Stewart a. Panda Director of Otilities 3400 South Elati Street Englewood, CO 80ll0 '· South Englewood Sanitation District l'fo. l • • c/o Eugene r. Dunham, President 500l South Clarkson Street En9lewood, CC 80ll0 Copy to: Daniel Lee Brot:man City Attorney 3400 South Elati Street Englewood, CO 80ll0 Donald E. Marturano, Esq. Attorney for the District P.O. Box 2858 Littleton, CO 80l6l Each party agrees to gi•re notice to the other of any change in its representatives or their address. l4. Operational Specifics. Except as otherwise provided herein or subsequently agreed in writing, the District's agreement with the City on "operational specifics," as set forth in the attorney for the District's letter to the City dated August 24, l993 , shall be and remain ef:ecti•re and shal ! be incorpo- rated herein the same as if fully set forth. l5. Misc1llan1oua. This agreement represents the complete Date: understanding of th• parties, and each, by th• signature of its representatives below, agrees, covenants and warrants to and with the other that each has fall authority to enter into, bind and obligate the party for whom each signs. This agreement may not be assigned by either party without the advance writ ten approval of the other; and abal 1 not be amended or modified, except in writing, which modification or amendment shall not be effective until the same is reduced to writing and executed by both parties hereto. THE CI't"! OP DGLDOOD: ay ______________ _ Thomas J. Burns, Mayor A'l'TEST: Loucrishia A. Ellis, City Clerk -5- .. .. .. • 0 f 32xl • .,~------------~-------- <. Date: May 7, 1997 AT'l'!!ST: . ·" - THE DISTRICT: SOOTH !llGLEWOOD SAlfITATION DISTRICT 1'0. l ad ' '~~ ~, Secretary [SE AL] _,_ •. .. • 0 . . . . ' 1 32 x l .. -~ -. .. .. . . :. 0 I• • -··-· ___ ..... --.. - , m1mrr ·A· WAS'l'!JfATm SYS'1'l!JI Sl!RYICZ ~ samt IH:t.fkD) SAN1TATICII DIS'1'111cr ND. 1 NI'l'BDI mB Cl'ff a, Da.NXlD (SBmm) SOUTH 'ENGLEWOOD SANITATION DISTRICT <saam> maarr '"A'" 0 •· C • • • r· t. C BDIBI'l' "B" IIAS'l'!!WA'l'D S1'STEII SERVICE AGBD:ND'1' LIIIES IIBICB GO 11m OR OQT OP 'l'JIB Ciff District lines which flow iAt,a the City: • --so. Clarkaon north of!. Belleview, west to MB Di-6. --so. Clarkaon at approa. !. Grand, west to MB Di-5. --so. Clarkaon at Vikin9 Dr., west to MB Di-3a. --so. Clarkson at!. Chenan90, west to MB Di-2. --So. Clarkson at E. Layton, west to MB D-9. --so. Clarkaon at!. Tufts, west to MB Dh-4. --so. Loqan at E. Belleview, north to MB Ci-9. --!. Centennial Ave. approz. 600' east of So. Broadway west to HH P-5. --w. Belleview (900 Block west), north to MB B-28. --So. Poz at W. Pro9ress Lane, north to HH Z-3*. District lines that flow out of the City: --North of Lebow, south of the Interurban Subdivision, south to MB Z-5*. --So. !lati Dr., south of If. Belleview, south to MB Z-3&*. --so. Santa Pe Dr. north of 'l'ufts, north to MB A-12. --w. Quincy at So. Santa Pe, vest to NB A-8 then NB v-o•. MB•Nanhoh. Rumberin9 is from District -P•· Each aanhol• listed is the first manhole 1mQ or OQT or the City on the lin• described, which crosses the City boundary. *•NAIOIOL! OR 42" BIG DRY IIITBKC21'TOR mt•IT .... • . ... i •· • .,--------------~----------- .. • • I, COUNCLCOIIMUNICATION Date Subject May 19, 1997 10 a iv Oil & Gas Surface Owners Agrwnenta, Littleton / Englewood Beneficial Use Farm INITIATED BY STAFF SOURCE Littleton / Englewoocl Wastewalel Treatment Plant Sl9Wart H. Fonda, Director of Utllllles Cha1el J . Caudill, Procen Development Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 15, Series 1986, approving purchase of960 acres of farm land in Arapahoe County. RECOMMENDED ACTION The recommended action is to approve by Ordinance an Oil and Gas Surface Owners Agreement with Union Paciftc Land Resources Corporation, an Easement, Right of Way , Surface Uae Agreement with HS Resources, and a Letter Agreement with HS Resources on the SE Y. SW Y. of Secllon 23 Township 5 South, Range 63 Wast in Arapahoe County, Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cities of Englewood and Litllelon own a tollll of 7,040 aan of farmland to ensure stable and secure biololids recycling for the Littleton/Englew W--•-T"'*"8nt Plant. Union Pacific Land Reeoun:es owns 100% of the mineral rights under1ying a 40 acnt parcel ol the property. Union Paciftc leeNI lhe right to explore and dlMllop the minerall to HS Relour'cea. Union Paclllc requi9I 1111 HS RaeourCN enter Into a letter agieement and e8111T181it with lhe Cities to UM the surface ol the property for lleir opal .... Entering into the agi...,.a giVN 1he Clla IMlinun land control I righla .. de,,.laped. Rights can be c1et.11apec1 wilh or without the agreements. The agrwnenta terma .. for a one~ period or for• long• 1he well producN If ol or gaa is found . FINANCIAL _.ACT There are no coats auociated with entaring into the ac,wrienta . The Union Paciftc agreement will provide a 2%% royally ID the cillN If the well producN. LIST OF ATIACHIIENTII 1. Surface ewn.'I ~It wll'I Union Pacllc Land Raeol,rca CorpCllalicll, 2. e..n.nt, Right ol w., and Surtace U.. .--.It wll'I HS Raeol,rca 3. Lenar Ar,NMnt wilh HS ANourcN •. MM LaPar1a ol ... & RGbbi,e AIIDmeyl .... ID Daniel ...... Engl•ood Cly NlilJmllt . ' .. • • 0 'J2xl • ORDINANCE NO . _ SERIES OF 1997 . , . • BY AUTHORITY ABILLPOR COUNCll. BILL NO. 37 INTRODUCED BY COUNCIL YBIIBBll _____ _ AN ORDINANCE AUTHORIZING AN OIL AND GAS SUBPACE OWNBBS AGREEMENT WITH UNION PACIFIC LAND RESOURCES CORPORATION, AND EASEMENT, RIGHT OF WAY, SURFACE USE AGBEBMENT WITH HS RESOURCES AND A LE'M'ER AGREEMENT WITH HS RESOURCES. WHEREAS, the City of Englewood City Council autbarised the purchue of a fanuite for beneficial UN of the Littleton/Englewood Wutewater Treatment Plant Bioeolid.e Management Program with the puaap of Ordinance No . 15 , Series of 1986;and WHEREAS, the Cities of Englewood and Littleton own a total of 7 ,040 acres of farmland to ensure stable and secure bioeolida recycling for the Littleton/Englewood Wutewater Treatment Plant; and WHEREAS, Union Pacific Land Reeourcee owns lOMi of the mineral rights underlying a 40 acre pan:el of tbe propetty, and WHEREAS, Union Pacific 1-the right to aplore and develop the minerals to HS Reeourcee requiriD( HS a..oun. enter into a Letter A,reement and Euement with the Cities to UN tbe smfam of the property for their operatiam; and WHEREAS, tbe Surfam Owner', Apeement for oil and pa provides that the Citi~ll be paid 2 ~ royalty if oil or pa ia found; and WHEREAS, entariaf into the ...-ia p.a the Citiea muimam lad caatrol if ripta are developed. IUCb ripta can be deftloped with or without the ..,_...; and WHEREAS the acr-ta becaUN of the tnma are for a oae ,-r period or for u Ion, u the -n procluc:ea if oil or pa ia found; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL or THE CITY OF ENGLEWOOD, COLORADO , AS POI.LOWS : Std;igp 1. The City COUDdl of the City of Eqlawood banbJ autboriw the Euement, Ript-of'-Way and Surt.e U1e Apwmmt, attacbed bento u Bmibit A; and a Letter ~t, a&tacbad 1--u Emibit B; .,._ the Littleton/En,i-ood Wuwwat. Treatment Plut and HS a.ourc., IDc: .. Sed;ioo 2. Tbe City COUDdl of the City ot....._. banbJ autboriw the surr- Owner', Acr-•t, auacbld _..., M Bzbillit C, W.... the City of Litdatan aad the C ity of Enrl-ood and Ullian Pacific Luci a-r... ~ • 1- . ' •. •· • 0 • • .. 5ectim 3 The City Manapr or Ilia deaipae ill ambariad to euc:ute tbe Surface Uae ~t For Oil and Gu 1-N for tbe City alEqlewood, Colando. Introduced, J:'Nd in fwl, and puaed OD tint readiDC OD tbe 19th clay alllay, 1997. Pllblilbed U a am far Ul Orclimnce OD tbe 2211d clay a{llay, 1997 . Tbomu J . Burm, llayor ATTEST: Loacriabia A. Ellia, City Clerk I, Loucrillbia A. Ellia, City Clerk or tbe City al J£nclewood, Colorado, benbJ certify that tbe abaft and forelaiDI ui a true Cl!OP1 or a am far m Ordiaaace. introduced. rad in fwl, ud puaed OD flnt readiDf OD tbe 19th clay a{ llay, 1997. -2- . , - • 0 'a2xl • • • . . !I This Easement and Surface Use A&reeaent ("Aaree-nt"I la entered Into as of the __ day of 1997 bJ and between The CitJ of Enalewood and The City of Littleton, whose adclrmla3400 s . Eletl, Enalewood, co 80110 ("Surface Owner," whether one or a,rel and HS RESOURCES, INC., a Delaware corporation ("IISll"I, with offices at 3939 Canon, Evans, Colorado 80620 Oil 1999 BroadwaJ, Suite 3600, Denver, CO 80202, co•erin& certain lends, (the "Landa") situated In Arapahoe countJ, Colorado, d•crlbed u followa: Tqwnahip 5 Sqyth. IIOH 63 Welt, of the 6th P,M, Section 23: S1:/ 41V/ 4 except the lleat 40 feet For and In conalderatlon of the sum of ten dollars (SI0.001, and other •aluable consideration, Iha receipt and sufficiency of which are herebJ ecknowled&ed, the underalaned herebJ •1ree to the teru and pro•illlons set forth u followa : 1.ep.nnllliAD [or w,u, l•INH ar All Clli•• HSll shall paJ to Surface Owner the sua u set forth In and accordln1 to the taraa of that certain Letter A&ree-nt by and between Surface Owner and HSll, dated 1997, as full and final settle-nt and !latisfactlon for any and all detrlaent, depreciation, lnjur1 or da .. ,e of an, nature to the Lands or 1rnwin1 crops thereon that -y occur u a result of IISll's drlllin1 <>r caapletion operations or its continuln& acthltles for the production or tr11nsportatlon of oil, 1as, or other hydrocarbon• or products uaociated with the fore1oln1 includln&, but not limited lo, surface use, access, aud and r-r•a pita, wellhead equlp-nt, separator•, tank batteries, pipelines, 1atherln1 lines, flowlin•, pipeline Interconnections, and anJ and all other rN90nable or cuatoaarJ uaea of lend related to Mid operations or actl,ritiN, 2.grgt ar light o{ •u and r:smr, Surface Owner hereby 1ranta, baraalns, sella, ualans and con,reya to HSll en --nt and rl&ht-of-way for the purpose of conatructln&, ualn& and fflalntainlng acceas roads, locations for surface equlp-nt 11nd subsurface 1atherln1 llnea for each well drilled upon the Landa, pipelines, and pipeline interconnection• for one rear froa the date of coa-nc .. ent of surface actlvltlN for drilling operations and 90 Ion& thereafter u oil or au la produced or capable of beln& produced froa anJ well drilled on the Landa or landa pooled or unitized therewith. This A&r ... ent shall be blndln1 upon the reapectl,re helra, uecuton. adalnilltratora, succeaeora, and ual1n• of the underalaned. The underalaned ha,re uecuted thill Aa.--t u of the day fint a....,,e written. SURFACE OWNER THE CITY OP ENGLEWOOD TH! CITY OP LITTLETON HI HIOUIC!I, INC. IY: __________ _ Janet w. PU41•• At1Dney-ln-Pact ....... c. ....... ~ ... .. ------~-------~------.,-:-------------~~-------~- • - STATE Of COUNTY Of ) ) Thill lnatruaent wu acknowledaed before •• this ____ d•1' of-----• 199_ b:, Witneaa •1' hand and orrlcial seal. Notar1' Public M1' coaaiaion upir .. -------------- STAT! Of COUNTY OP I ) Thia inatnaaent wu act-ledaad before -thia ----4•1' of _____ ,, 199_ b7' ------------------------------- 'tfitneaa •1' hand and ollidal aal. Notar1' Pu bllc M1' c:oaaiasion eaplr"--------------- STATE Of COLORADO ) CITY AND )H COUNTY Of D!NV!R ) Thia inatru-nt wu act-ledaad before -thia da1' or -------• 199_ b1' Janet W. Puque, Attorney-in-fact of HI Reeourcea, Inc., a Delaware corporation, on behalf or the corporation. Notar1' Pabllc M1' -.aoa apiraa -------------- 1..,. Im 111 .. • 0 1 a2xl • • • (, LE'ITER AGREEMENT This Lener Agreement i• entered into this __ day or ___ 1997, by Mid bet-City or Enalewood 111d City or Linleton. whose address i1 3400 S . Elati. Enalewoocl. CO 10110, ("Surface Owner." whether one or more), m,d HS RESOURCES, INC ., a Delawue corporation ("IISR0 ), with offices at 1999 Broadway, Suite 3600. Denver, Colorado 10202 or 3939 C..- Averrue, EvM1s, CO 10620 in oonjunchon with that certain e-nent. Ript-of-Way ancl Surf- Use A11eement. dated March 4. 19976 by Mid bet-Surr-o-Md HSll comn1 certain l111ds (lhe 0 Lands 0 ), situated in Arapahoe Co..,ty, Colorado tlelcribed • follows: Townshjp S South RNJ&C 63 West p[ 1111 61b P M Section 23 : SE/4SW/4 except tho Wut 40 hot I . CplJIIMllligg [or Opcratlpn1· Reina oC AU Qlima Subject lo lhe provisions or par11raph 3.C) below, HSR thall pay ID Sarf-Owner the sum of One Tho-.! Five HWldred clollars (Sl,500.00) on or bel'ore lhe tpOld dale of'each well that may be drilled on the Lands, which shall be a one lime paym• per ..ii • r.i1 111d rma1 settlement ancl Alill'action for any mrd all detriment, depreciation, i11juty or ..,... or any -• to lhe LIINls or cropa powin1 thereon drat may occur • a renlt or HS1l'1 drillin1 111d complelioa oplfaliolls or conlinuin1 aclivilia for die productiaa or trallpOl1aliae or oil or ... 3. Addjtjggl Prgyjsjpns A) Way, or i11pen .,d earess, well site -. IMlk battery/tr-loaliont Mid lmk• truck .-vice --... I be cliscunecl by Mid .,._ Surf-o-ad HSI. prior ID com- --, or openlimm. B) Rest-ion or the Lands shall commence • 900ft • practiable after drillin1 and completion activiliea .. concluded. The LMds thall be .....,,... a doN • --'Y practicable to lheir coarlilion when HSR fi111 C0111maicecl opara1ioM • .._ C) IISR. ha -.,tilled with the Surface o-. .,._, ID Sec. JOO ol .. Colontlo Oil mrd 0a ConNrYalioa CommilsiOII llulet ancl ll•llllliont. Mid HSll .... tllal Ille ..,_t in cornper,Aliorl for Mfece ........ 111 forth ia ......... I lllove .. Ila ror w 1He crop IOlleS or In ...... e ,etu11n11 frot11 -or Ille pnailes by IISll -s .. .c ....,. HSll for liability for irij-, or dam ... or any other ..-. HSll ,.._ ..-t11a1 ._ --.. payment cloa not ..a;..,. it or any other bolldill1 ••-or ....... r.r .,..... includiq but not liraieerl to pit clowe, ..al pl....._ ad !AP -n I I l1le pay-I refenac:N irl ,...,... I .,,,. cloa .C .,.-Ille Sarf-0-ha ,..... ,__ .. or ay DIii...,.... Ille Colorado Oil ad 0. C--Ca ' ·11 Thi11Allar Aar-t thall Ila--. .... ..,....,.--.-......_. traton, .-. Md •an• or dre undeniperl. SURFACE OWNER CITY OP UTTLITON By : _____ _ CITY OP IINOLIWOOD ly: ____ _ HS lll!SOUaCl!S, INC. ly: ______ _ .. w ...... An1w s•P• • l !I .. .., I· 0 'J2xl • 0 I • • DOCt1MENT NO. 97-024 SJZBUCE OWNER'S AGBEEMENT T!US AGREEMENT, made and cnla'ed into this 20Ch CU:y of March. 1997, by and bctw=n THE CITY OF LITJ'LETON aad THE CITY OF ENGLEWOOD, MlJNICIPAL CORPORATIONS (hereiDafter for convenience c:a11ed the "Landowner") and l!NION PACD'IC LAL~ RESOURCES -CORPORATION (bcreillaftm' for convenience called ·UPI.Re·); W J T "i E $ $ ET B· RECITALS: Landowner is tbe owner oftbc followin&-describcdpremises, hereinaftcr~rred to a.s ·described premises": TAPNN1 SS, Bann 6z1W Secdoa 23: SE/4SW/4 acept tbe West 40 teet A.npaboe c-aty. Colorado stJBJECT, however. co exceptions and reservations of minerals and riahra or entry and of surface use COIICllinNI in a cenain deed or deed& or conveyance, u follows : Warrmcy Deed No. 213 dated Oc:tobcr 17, 1199 from The Uaion Pacific 1.aad Company to Frank Girardoc. recorded December 23, 1899 in Book A· 72 at Pap 264 in the office of the County Cleric and Recorder of Arapahoe Cowuy. Colorado. Union Paciftc Railroad Company is suc:cessor in interest to The Union Pacific Land Company and UPLRC is successor in iarerest to all die rip. title and imerest of Union Pacific Railroad Company in and to the oil, au and auocialad liquid hydrocart,ons in said premises for. a term or period equal to or ucoedin& the term of this Surface Owner's Aa=t. UPLR.C proposes for UPUtC or its a,ems. lessees, I~. suc.ceuors or a.ssians to prospect llpOD and explore the dacn"bed premises tor the developmcm and production of oil, ps and associated liquid hydrocarbon subscances either on UPLRC's behalf or under or punuam to an oil and ps lease or Uceme, or IIDder or punuanc to a "unitization apc:emc:m•, mania& here and wherever that rerm is uNld herein any oporacinc asr-nm&, or any other qreemem coverin& the exploraaon or developmenc tor or rbe production of oil, ps or aAOCialcd liquid hydrocarbons, or any poolin&, communitizarion, . llllic or odlar qrecmem wbereby the described prmniw may be included with ocher lands in proximity . dlerem u a unit -uader a plan of unit or joim explondon, c1eYe1opment and operation. Balda coaftmuns cbc surtace v.w expressly Nt tOflb below, dais apwu ls iDllended to avoid and r•ohe-aay and au ca.,... of wbataYer namre in coamcdoa widl tba OW1m'Sbip of oil, au and -••rect Uquid ~ aubslasa in die clw:ribad paeaaiw, bslndta1 ripa liO a1l'Kl. remove or medac 1111:b mimrab. 111d iac:hMII .. any sue! dlspu~ met mey arise baeafter • ..,.__. or DOC cbc baaia 1w IUCb dbpllie is -know1l or bu bwl idend&d In ~ lavotvina ~ and ram-vadoaa of miDera1a In ocb&r daeda from Union Pacific Railroad Compeay or its pndcason. AG~: NOW, THEllEFOllE, ii is apeed u follows: Secdon 1. ID comideradonof Illa maaael ~ and ocba' Joocl and valueble conaidcracio~ Laadowmr i.r.by c:oatlnna, eaeada and anaa to tJPLRC, ica apnca. 1-. licw, SUCCCSIOn allll uaiam, lnc:Judtnc aay opaUDr or unit openllOI' &om dmc to a-in cllaqe of opcndona under a 11ftidnriollear-zc. and dleU' respeca,, .. , : : IIOC'I and aaipa, die aeemeaa and ri .... llO emar llpOCI me dacribed pnnuaa and aay Janda adjel:aa or c:oa&iauc-dlmwmowmd or ctem.d by cm Landowlw and ro allW. ...,,,., ...,..., 1n rp Clft. AIIII ~ tar ila or dlair _,. oil, au and UIOCiarad llq\aid hydrocarbon 111.,..,_. In or ~ l9id dalc:ribed ,--tw. 111d liO drill, CiOllllrUCl. mebaln and uac upon. widua, ead owr Aid clelaillal ~ aD oil wells, IU wells, derricka, mec:bincry. Wllca, clripa, boilen, east-, pipeliw. pow and al:rpllam Uw, roedweya, wear wwlla, and, w,.._,. JbniAdon by rwoa of cbl tb.•Firrl -aaoa. any and all odlar ICIW:lllna, aquipmem, ftxaara, ~. or fKilldN (all ot cbl lbowe beirla ls1'rded 'llllllar die ann "f'acilkiea") wary or 1 • X H I • I T C I· 0 • • ·i------------------,,r----~-~~-- 0 ... • convenient in prospectin1 and dcvelopina ror, producini:. storina, lnDSpOrtinc. and marketins oil, 1as and assoc:i accd liquid hydrocarbon substances under or produced l'rom any ponion of the described prrmises or under or produced from any portion of tbe unit area c:mmd Wider a unitization apcemr;m, tosccticr with the riaht to remove said facilities and the ricm to use sud, waa:r as may be needed from dlD dcsc;ribcd premises, not inc:ludinc wau:r from Landowner's wells. Section 2. UPLRC acrees. so Iona as it is reccivinS oil .and/or pa production fn>m or oil and/or ps royalties upon production from the descnl>ed premises or allocamd therelo under the provisions of a unicization qrccmcnl. to pay or cause to be paid to tbe undowner in cash tbc value (which shaJ1 never be 1rea11:r than tbe amoum realized by tJPLRC tcom tbe sale of such production) on tbc premises of two and one-half percent (2 1/2 ") of all die oil and ps and associared liquid hydrocarbons berafter produced, saved. and marketed Ulen:from or allocaCDd tbereto as aforesaid, except oil and eu and associaced liquid hydrocarbons used in operacioas on the premises or IISCd under the unitizacion apeemc:nt, and except tJlat as a, casiJlchead 1asoline and otber products manufacmred t'lom ps rhcre shall be deducted tbe cost of manufacture: provided, however, dial duriJIC any dme me described premises or any portion thereof are included wilhin die boundaries of a panic:ipalina, pooled, or communitized area. and there is no provision for tbe pa~ of royalties to UPLJtC but it parric.i- s--in the production tn>m the pooled, communitized, or unit area as a worlcina ~towner. then dlD two and one-bait' pez,:cnl (2 1/2 ") above set forth shall be applied to thac percenrap of the total production from suc:ta area which is allocaced ro the described pn:milcs. Any paymcnr made to the Landowner pursuant to this Section 2 for production which is sold or which is used otf the premises shall be calc:u1arad after deductinl all taxes, now or hereafter levied asamst, paid on. or measured by production or the value tbereof. and after deductin1 all costs incurred or borne by UPLRC ror treatinc the production to make it merchantable, and for prberina. trampOninc and compressma the production prior a, delivery to the purchaser ar the point of saJe or use . When production of oil from lands under several sumce ownerships is comminaled in one c;;enaal rank sertins for practical operatins reasons, periodic individual well rats may be made to eotnP'lre the quamities of cornminsJed oil properly allocable to each well , and the two and one-half percent (2 1/2") payment provided herein shall be payable upon the quantities apportioned to ~ well as reported to UPLRC in full satisfaction of the obUprions of UPLRC under rhis Secaon 2. Scc:don 3. Nochins herein concained s1Jal1 be construed as a covenant to drill by UPLRC, ia ap:ms, lessees, lic:cnsees. successors. or asaips, or by any operator or unit operacor, or as a anuu to Landownc:r of oil :r ps riaJm or ri1hts in other usociau:d liquid hydrocarbons. Section 4. UPLRC, its a,ems, lessees, licensees, succasors and usips, im:llldinl die operator or wlit openl:or under a unitiz.ation apecmem, shall be required: (a) to pay for all dunqe to ~·s Janda, buildlap, and arowins crops caused by tbc eredion or collltl'UCdon of facilitias to be used in c:onnoaion widl oil or pa or uaociatmd liquid hydroc:arbon opendonl; (b) ta bury all p~ below plow depdl wllian such !Ina crou culdvated land; and (e) ro ~ pea or, u ia opdon, Install caale pards wba'e _,,, tol croaiq !eneed land iD cowccion wlcb uploradoa. daYe1opmem. or produdq operadoas and, wbenl an election bu bNn made to COlllll'UCt pcaa In u..a of cam. panls, to keep sucb pea in repair and clONd. In no ewnc all Iba.-of clmmps acaat ·Iba value (u dcrcrminad by tba UM of rbe land ac lbe ume the ~ are IUS1aimd) of dlar ponioD of die Landowner's 1anda acmally used by UPUlC, la apna, aw. 1~. 111ecaaon or....-. for die locadon of irs t'acillda. 'Ibe fact rbu cSamaaes have nor bND ...-id upon sball in no -Y dalay, NMricr. impair or cilminiah the risht of UPLRC, lcs apnts, i.a-, I~. succ:ason and ualpg to c:ommcnce or conduct oil and pa operadom on tbe described premila. Section 5 . Odler than lbe payu.nu ro be made u aforaaid, die Landowner shall nor be enaded to any ocbm' or addWonaJ pa,,_ms u a result of cm conduct of tba opendom dascribed la Secuon 1 bawof, and Laadoww will claim no rilbt, lid• or ~ in or to ma oil, Pl and moeialllCI llqwd hydrocarbon IU.,._ in rtac dlllcnlled pnmisa. SacrioD 6. Subjec:i ta ma provisiom of Section I i..of, It II ...-cl dial die coven nn to pay die IUIDI provided In Sec:doaa 2 and 4 berwof sball be co,,..... numiDI wtdl die lllrflce owmnbip of Iba dacribed pnmiMs and shall nor be bald or lnDdlmld separasely dmefrom. and my ....a payabw under rbia qzuuawac shall be paid to rbe ~ or penou owmnc die IUrface of dllt clw:ribed ~ u of Iba dace tha oil or pa or aaocialilld liquid hydrocarbon producrioD la _..... UPLRC sball DOC. 2 .... , .... ·-,•• .. ·.:· ·.· .. · .. :., ·, ·'•· ..... • I· 0 0 .. • • •r I 2 lf!h Ii, f!f lf t!I, lf f lih J!fll ., .. I I :11p u~ f )if ~1t 1~ 11rl~!~ Jfttl . ' ; .,j ·11 t1i•l~rli 11 8 fi ,~n 1! u11alil 1111111 'lnss '; J ,, ~ .. · f'! f H .• '(-1 ~11 ; I} r~i! }l l1l l J1t 111,,. f I J ha . • tl r f • ~ I tr (iJI l. ! i)J , , : •• 'I ,1 I ~ 'f i'h s w . l t1 1 · i :-\ . "' f at lf l . ri lJ ]I 8 • t I ! iJ :(j 1 f~ a. J!~~ ·ir f IJ1 IIJff :. r I .. 1( !, I f ! If ,JiJn1 1•r1~ JI.· It I I ; 11 ~HI .. i! ltltj:id 11J!1! .iii . , I -II ·if i,u ~'ial• ,,, i !J! . It· Jli,it '1iii1 f i't I 1rt ft f ·(JI l 't' ,, 1 i~ 1i It il1~ l~llll ·iii R II f 8 Bl ~.1 t ~ ' \ . ~ ' \ , . ' • _,_ _________________________ _ ATI'EST: AT11!ST: • ·, • (. UNION PAC'U'IC LAND RES01JltCES CORPORATION By: ________________ _ SlaAD Wbiaada, Aaorm:,-ia-.Facc THE CITY Of' UTTLETON, COLORADO BY=---------------- Tapayw ldaaliflaalioa N-.r C/0 Seu Foada. Dilwclm ofUdlities 400 S. Elaai, l!llclewood. CO IOI 10 TBE CITY OP l:NGLZW'OOD, COLORADO BY=------------------ Taxpayw Jdmdflcerion N-.r C/0 Sm Foada. Di.....,.ofUtilicia 3400 s. Elaai, Eaal.-d. co 10110 ----------------------------------------------) ) .. ) TIJa fbnaollts i11111'umaa& W aclmowledpd Nfan-dlil __ clay of _____ , 1997, by .. of -==~;;;:-------------~ =---=--==:::ODlal)IOlporradoa.iiiiiii:'eon.iibcba.iiiiii1tf.oiiif~- C01poraiou. My CCOIC llllliiillPlicioalD Bxpira: ---------------------------------------------) ) . ) Tlaa fbl .. aias llllfnl m I ____ ..._......__elm_ day of ______ , 199'7, by .. of -;_;;;;;;;_~;:--------------·~-------COl.pCmdaD, ~ ......rofdle OOIIPNadoa. My c~-111feetert-• ...... : ' .. • • 0 ...... - 1 a2xl ·- • • • <. --------------------------------------------- SlalaofTau ) >•· Caaasy of Tarnat ) ·. 1ba b.lJII .. ~ w ai:lmowleclpd beb"e a. dm day of 1'97. by SUSAN WIUIBSWE. u an ~Face of UNIONPA°CIPIC LAND ltESOtJRCES COllPOltAflON. a Delaware ciarpondoa. on ballalf of die corpondoa. My Cn m le,loa l!xpuas: 5 ... . .. . -.. -· ·-----··-·' • . .. • • . , . . ' • ,. COUNCIL COMMUNICATION Date Agenda Item Subject May 19,1997 10 a V Amendment to Restaurant Contract-Golf Course Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Director of Part<s and Recreation Bob Burgener, Golf Course Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution #4, Series of 1996-Approval of Restaurant Contract JOQ Corp RECOIIMENDEDACTION Staff recommends passage of an Ordinance to amend existing contract agreement Section 9, Paragraph 2 which pertains to the schedule of monthly rent payments. BACKGROUND,ANALYSIS,ANDALTERNATIVESIDENTIFIED The current contract requires a monthly payment of $1500.00 per month for the months of November through Man:h and $3850.00 per month for the months of April through October for a total d $33,050.00 per year . Allo included in this schedule are the monthly Golf Courie Entry Sign ...... paymeida of $37.50 per month for a grand total of $33,500 per yw. Since approximal8ly 78'fi of the revenue is generated during the months of April through October we .. requesting the agreement be amended to where the total annual rent of $33,500.00 would be ccleded during thete heavy income months. See attached payment schedule. FINANCIAL IMPACT The total dollar figure would remain unchanged, however this would be establishing a three month building and sign rental depoait . UST OF ATTACHMENTS Current Restaurant Agreement Proposed Payment Schedule Golf Course Entry Sign Lene . , •· 0 1 32xl ' ' • • ·, • .. CITY OF ENGLEWOOD GOLF COURSE RESTAURANT LEASE CALCULATIONS -1997 (Lease paymenta due the first day of the month . PINN make payments 1D the City of Englewood .) TOTAL LEASE RENT ORIGINAL SIGN ONCJINM. PAYMENT REVISED SCHEDULE 9CHEDULE SCHEDULE SCHEDULE JAN 1,500.00 37.50 1,537.50 FEB 1,500.00 37.50 1,537.50 MAR 1,500.00 37.50 1,537.50 APR 3,850.00 37.50 3,887.50 4,785.72 DUE411 MAY 3,850.00 37.50 3,887.50 4,785.72 DUE5'1 JUN 3,850.00 37.50 3,687.50 4,785.72 DUE611 JUL 3,850.00 37.50 3,887.50 4,785.71 DUE7/1 AUG 3,850.00 37.50 3,687.50 4 ,785.71 DUE8/1 SEP 3,850.00 37.50 3,687.50 4,785.71 DUE9'1 OCT 3,850.00 37.50 3,687.50 4,785.71-/ DUE 1W1 NOV 1,500.00 37.50 1,537.50 DEC 1,500.00 37.50 1,537.50 TOTAL 33,050.00 450.00 33,500.00 33,500.00 • 0 • 1 32xl • • - GOLF COURSE EN'l1lY SIGN LEASE TlilS AGREEMENT, is made the ;2.f day of ~A....( 1996, between the CITY OF ENGLEWOOD (hereinafter City) and JO ciRP JQ'a TEE ll GREEN (hereinafter Q's). I. PROPERTY COVERED: This Lease shall be for apace on the sign located at the corner of entry way to the Englewood Golf Course at 2101 West Oxford Avenue (hereinafter Entry Sign). Design of the Entry Sign is attached heret.o and incorporated herein. II. TERM OF THE LEASE: This Lease shall run from passage of this Lease by the Englewood City Council to the termination of the individual Lease Agreement of Q's, Resolution No. 4, Series of 1996. m . THE LEASE PAYMENT: Q's shall pay $37.50 per month or a pro-rata share of that month. The Lease payment shall not result in ownenbip or in any property right to the Entry Sign. This payment is due on the same day u the monthly check u provided in Resolution No. 4, Seriea of 1996, for Q'a. Payment may be made by in a aingle c:hec:k so long u a breakdown of the payment is provided. The payment should be made t.o the City of Englewood, FiDaDcial Serw:m Department, 3400 South Elati Street, Englewood, Colorado 80110. IV. ENTRY SIGN DESIGN: V . VI. Q's shall limit their advertiain( -... to ta-e of the present deaign and that relate direc:tly t.o the oo~te amenity. Any cbanp in the current deaip ahall be approved in writinc by the City. If the entry Sign is inoperable for 30 days or more, no payment shall be required until the entry Sign is fully operational. OPERATION OF SIGN : It ahall be at the sole diacretian of the City to repair, replace or abudoo the mtry Sign completely due t.o damap cauaecl by vehicle coWaioo or acts of Goel. VII. UTILITY SUPPLY: It ahall be the sole l'MpODRNlity al the City fur all electrical wirin, and poww supply to the Entry Sip and all utility cbarp9 cUnc:tly related to the operatiall of the Entry Sign. . , •· 0 '32 x l • • • VIII . TERMINATION OF AGREEMENT: IX. Any party may terminate tbia Agr.ment without cauae aa to the Entry Sign by giving the other party 60 days prior written notice of ita intent to do ao. FAILURE TO MAKE PAYMENTS : The City may, at its option, after having given Q's NYen days prior written notice and regardless of the proviaiona of No. Vlll, terminate tbia Agreement if Q's fails or reru-to make lAaae payments in accordance with the provisions hereof, or if Q's fails or retu-to perform any other obligation imJ)Oll8Cl upon it hereunder, or if either bec:om• inaolvent, fil• for voluntary petition and bankruptcy, makea an eeeiplDffllt for the benefit of credit.on, ie eiljudicat.ed a banknlpt by any court of competent juriedic:tion, permits a receiver to be appoint.eel. for its business or permits or aufl'era a material diepoeition of its aaeets. X. Thia Agreement c:oaatitut.ea the entire Agreement and understanding between the parties concerning the Entry Sign regardless of any previous writings or oral underatandinp, and its t.erma will not hereinafter be altered by any oral Agreement or informal writing nor by failure to insist upon performance, or failure to esercise any rights or privilegee. AlteratiClllll, additiona, or changes in tbia Agreement will be accomplished only by written endonement, amendment, duly euc:ut.ed by all parties. CITY OF ENGLEWOOD Br--------------~ Tbomaa, J. Buma, Mayor ATI'EST: ------------Loucriahia A. Ellie, City Clerk JOQ CORP. By : ',Uµl.><, tJJIJc., d ,.r Julie L . Quinlivan, Prelident 2 Date:-------- Date: _ ... 6 .... -.._J_C: _-'f .... <,.__ __ .. • .. (,.) N I -I • f iJ ij~ il f f 'l r~ j81 ,~ I fl ',f lj 1,i ti !I 1 ii 'rl til iji l ,, f,; ~~ 1a, ,11, j,, It,~, ·~ , h th §~ · If l ;I {I 'If 11 1 l Et f ' lo I ~ tl It f' l ~. lf' ti ~' ! l~. Ji ms. ~ l Yi I~= ll '!t tit i~[ I!~ ~ I ft fff ,a ii l if ~Ii ftl el 1 · ~ ~ 1' 'tf ! 'I l I[ l'i i[ ~1 111 i r ~ i ' l Ji~ ,l I ij iJ t . • I ~ , . ~t 1, '( ' e~ } 1 f 1 ; n , :r ri I ; ~! -. l J t I J f g · g 0 a ~ l ff ~ • .I ~ ti J1 ' " ! , -~. I , .. I I .. I r , ~. i ..:. . ' ~·~ • • • ,. ATTBST: Louaiabia A. Bllie. City Clark L La I t ·, A. BIiie. City Ciak altbe City alJCrsf woad, Colanda. __, cat:ifJ 1:118& t11e ... Plllll..,...... ie a tza Ol/1111 a1 •am .... ~ imaodmed. t-..1 ill 11D, ead i-ed cm tint nediDs cm tbe 19th day alllay, 1997. -2- • .. • 0 1 32xl 0 I • • . . • AGREEMENT THIS AGREEMENT, hereinafter called "IAue", made and entered iDt.o tbia 15th day of January, 1998, and u •mended tbie 2Dd day al June, 1997, by and between the Cl'l'Y' OF ENGLEWOOD, a Colorado municipal corporation, hereinafter refernd to u "City", end JOQ CORP., bereiDafter referred to u "Con,...eim•ire"; WITNESSETH: WHEBEAS, the City owu certain ral propertJ wbicb. is mown u the Eqiewood MVDiripal Golf Coane, bereiDafter called "Golf CoarN", and located iD the City of Sberician; and WHEBEAS, City and Coruweimein deeire to mt.er iDt.o a 1-for the manapment of the l'Ntamant ud lounp located et the Eqlewood Municipel Golf Course; NOW, THEREFORE, for and iD c:amideretim of the mutual covenante bereinefter appeariD( ud of the payment of the mmiea hereinafter set forth, the parties hereto qree u follow•: So,;t;iqp 1 STATEMENT OF INTENT. The purpoee oft.hie Leue to proride mack bar, grill ud bar aervices to the golfinc public ud a quality, full-emw:e rataurant w::ility ofl'eriDc breakfut, lunch ud dinner for ,roup meetinp, aenice daba ud illformal evmunr dininc - 5e:Rm 2 GRANT. Tbe City hereby i-to C.m ·mwin the partiall al ite plf ch1bbome prwmdy ued -ite reataunat c,m ·=, t.apdm-witb the~~ 1ocated at 2101 Weat Odird A...., Sbaida, CGlarado 80110, far the parpaNa al ..-.me 6Jod ud beftnpa, iDcludiq aJmbolk .......... ud for locat:iDr opcioaal Ymmlll mec:biD• to be ued iD the pwveywww alfbod. llllacb or aoft driab, and C-cmceeim•ire hereby INw 6-t.be City the 1-wl PremiNa ud imprc,vemmte thereiD. 5e1;im 3. DEFINmON OP PUMJSBS The "Leued Prwmiaa" -relarnd to blniD is ..... to be the plf dubboaee rataurant and loaDp wbicb. is owMd by the City al~ Colorado. S. Emibit "A". Propowl rood ad ........ opandau ebaD alao be .0--CID the plf c:oarN. Noebinc-* pa Cm ·mun eay ript to wamn with or perticipde iD tha oparadm alt.be Gair CoarN u a plf coune, i.e. fairwaye ud sr-a, Pro Shop, ad all otblr --oparadme. • I '.: l • X H I • I T A • , • 0 • Sectjgp 4. TERM OF AGREEMENT. Thia Laue shall not be e&ctive until CouCNBicmaire baa obtained a liquor lic:eme t.o diapeme alcobolic beveraps pursuant t.o C.R.S. 12-47-101 et. aeq. From the dare of signature until the liquor liceme ia autbarized by the proper omcw., this Laue shall be comidered an Opticm t.o Laue that may DOt be tmmiDat.ed by either party, ucept tbat if the liquor liceme ii not granted and in operatioD on or before March l, 1996, the City may termiDat.e dlia Option t.o Leue. The City hereby grant.a t.o ConCl!ll8ionain the ript to boJd the Leued PremiaN punuant t.o tbe terms of this Lew for a tlllm of &w ,-n mmmencing on January 15, 1996, the dat.e of this Laue, and eadiDs OD January 15, 2001, anJeu the term oft.be Leue ii terminated u hereinafter provided. Sediioo 5 USE OF THE PREMIS&S. Conceuicmaire shall have tbe right t.o poueuion of tbe Leued Premiw for the parpoae of 9KYUlC food and/or beverages, iD.cluding alcoholic beverqes, for couumption on the golf coune. However, notbing in this Leue shall be c:omtrued t.o authorize tbat which ia prohibited under United States, Stat.e or local law, ordinance, code or regulation. The Leued Premises shall be used by the Conc:esaionaire for the purveying of alcoholic beveraps, aa the same may be authorized by and reculated under tbe Colorado Liquor Code, C.R.S . 12-47-101, et seq., and for tbe operation ofa restaurant. Conceuionaire shall operate the Leased Premises in a careful. safe, quiet, orderly, and bolin-,ike maaner. Conceuionaire shall not use or permit the premiaN to be uaed for any purpoae that ia prohibited under the laws of the Ullit.ed States, stamtes of the Stat.e aiColando, or ordinances, regulations or codes oft.be City of Eqlewood or the City al Sberidan. Conceuionaire shall pnmde food and/or beverages iD.cludiq alcobolic beverapa on tbe golf" coane tbroqh the UN of lheda, a cut or a c:ombin•ticm thereof. Shed deaip shall be appr'0\'8d by the City Manapr or bia deaipee. Uae of a cart shall DOt intafere widl the operatiOll of the rolf c:oune. Service t.o the IOifen on the coune shall be reviewed by the City Manapr or bil desipee rr,ery six (6) lllOlltha. Ent.ertainment of any nature that Conc:euionaire propoNI on tbe premiaN shall be subject to prior approval by the Englewood City Manapr or bil deaipee, which approval shall not be umeuoubly withheld. If the City det.enmDN any entertainment t.o be objec:tioaable, City shall notify CoaCNBioaure in writinc thereof and Conc:eaionaire shall terminat.e said entertainment immediately. Sediicwa 6 EXCLUSIVE RIGHT TO USE PREMISES. City hereby granta t.o ConcNeioaure the esduaive ript t.o UN the Leued Premiw to operate a rwtaurant and to panwy almbolic bffanpa. Tba City shall not operata any vendiDg machine, diapeme food, madu or beverapa without the uprae approval of CODCNBioa•ire oa the Leued Premiw. 2 •. • •· ~------------,r~----------.-~------~------------------.-~ • • • . . Sectim 7. MENU . Tbe ec.u:..ioaaire shall provide an aUractm! mmu for breakfut, lmu:h, and ff9IUDI mala listing meal items, bfferapa available and c:urrent pricing. Menus, priaa, aad cbaages to menws or pricing of mmu itmu shall be l'ffiewed and appnmld by the City Manapr or hia designee. Sectim I BOOBS OF OPERATION. a) V-April lat tbroqh October 31st of eacb ,-r, the CanCN8ionaire aball operaie the rNtamant facility IMIYeD (7) da:,a per W9elt and clurins th.a m.catba lbaD be opm each day to -meals to the pablic 6-aa.balf'haur before daWD and sball ~ open UDtil at leaat: 10:00 p.m. bl Durillf the IIIGlltba of NOfflllber lat throap March 3lst of each year, the Canceeeimwre shall operate the reat&Ul'llllt facility -(7) days per week aad durms thae IIIGlltba shall be open eacb day to --1a to the public at daWD and sball ~ open until at leaat 8:00 p .m . c ) Haun of operation may be modified with written approval from the City lbDapr or hia deaipee. d ) Sunday doaiD( at 8:00 p.m. ia permitted. Nothing herein shall be coa.atrued u prohibiting tbe Coaceuioaaire from beinc open for other boun iD addition to tboae stated iD parqrapba "a" and "b" above. Restaurant may doae on Chriatmaa Day. e ) CoateNimaire qrw to c:oop11m with the Golf Coune Manapr iD tcbedolin1 rolf wtiDp aad -ca that iD"11he uae al the pill. meetiq roca aad diDiq roca. ID the ff8lli al any ciiaasr-t. the mattar shall be refernd to the City Manapr or hia deaipee. 0 MAINTENANCE, REPAIR AND UPLACEMENT. 1. The City shall be rNJ1C1Uib1e lilr the COit al mainwnanre, repain and replacement of the ... aad-. deep rat tr,-, ainb, cabineta, diahwuher, hear, walk-in--. bar nilripratiaa, and mack bar cooler unlNa such coat ia dae to msti,mre or otber adll by Conceuioaaire or employw of Ccmreeaimaire. 2 . The CODCNRmain shall be reapmeiNe lilr nplin and/or niplacemmt of u,ht bulbe, ftrmitun, ...0 apptiMCM , cliabaa. ,.._, sil'Nl'W&ft, and other equipmmt and fflilorell-coaldDf pota, pau and utimaila. I ) Cwimaire and or the City may tampanrily cloN tbe rNtaanllt facility m cleaaiq, cautructiaD and ffllfflWDIDCe mMiar a mutually qreed upm echadule. 3 .. •· 0 '32xl • ei----~-----------------~-- 0 • Sec;tigp 9 RENT. a) Coareaim•ire shall pay ?alt to the City iD accordaoce with the followinc schedule: 1. Effective OD tbe date that Caocewimain begiDa buaiDw operatiaa and until tbe date that a liqla' liana ill i.--1 and ~ tbe Coaceuionaire will pay rmt to the City iD 8ll amCIWlt equal to twelft percent (IN) of pw lalel (eseludins salel tu). Said nmt shall be paid -the 10th day of each Dmda fir salel made iD the Prec:ediDc month. 2. Commencing an April 1, 1997, the Coac ·cm,ire shall pay mmitbly nmt per tbe reviNd ICbedaJe u filllon: MgpU, January February March April May June July August September October November Total Reviaed Scbedvle $4,785.72 $4,785.72 $4,785.72 $4,785.71 $4,785.71 $4,785.71 $4,785.71 133,500.00 The aforesaid med rmt paymmg aball be paid each month, iD advance, on tbe first day of each mcmth er CID the tint Monday of each mon:th if tbe flnt day falls on Saauday er Sanday. A penalty fee of $10.00 par day er part tbanof shall be cbarpd far -=b day or part thereof that the rmt ia ,-due, until 12.1IO midnip,t -the 14th day put due. If tbe ?alt pa,-& ill Dllt recemd by midnip,t CID tbe 14th day put due, the Coa. · meire aball be iD violatiGD of the tama of thia A,reement, and lllhject to tanninatim b) ID additiaa to the bed mmtbly rmtal • apecilad iD thia s.:tioD, the CODC 111iaa•ire aball pay a aaoat ..... to twwft percent 1ft of all pw aaln, iDclwliq any -dariftd tram catarinf NmCN orip•tin1 from the reataunnt, iD -ofS:W0,000 par calmdar ,-r, payable CID er W.. April lat of each ,-r. c ) For pm.,_ ofthia Lew aaly, the......., aball be acludad frca pw .._: (a) all salel tu wbidl ia both ailledl9d by the ~main and rmittad by tbe COile 11 · cmain to 11111 ~ or ..,..nmmtal apacy; and (b) the amount of any nlaDd er cndit adllally ..... or,;-by Cm c 111im•in for a ula, the -* of wbicb .a. bad .._ iDCludad by C~m•in in Coecaricnain'1 pw l9laa. Fer pupcw of due IAue, and acept u pl'OYidad abon, "pw 191aa" lball -(a ) the pw ..._t 4 .. "' I· , • ec-------~----------~---....,.....-~ • - received by ConcessiODaire from all sales made on tbe Leued PremiaN and golf COUl'11e, includillg sales made from vendin( macbina owned, leued or operated by Conceuianaire; and (b) all cbarpa rmdend by Conmwimaire for servic:ea, on tbe Leued PremiNa, includill( senicm perfarmed cm or within tbe Golf Coune; and (c) tbe puu amount ~ by Conceeeioa•ire from any other source of income derived from tbe buainml coadw:ted CJD tbe Leaaed PremiNa and golf coarse. Along with tbe pen:entap payment, Coac:eesionaire shall send to City a statement wbicb shall set forth the poa lllles for tbe year and tbe authorized dadw:tiona, if any, tbenlfrom. d) When the City meetiDc ii an official buaiDNa meetiq with a mal, there should be no eet-up cbup; an official City meeting without a mu! shall be cbupd a set-up fee. If tbe meeting ii an unofficial meeting, with or without a meal, tbe set-up fee can be cbarpd. For clarification, an official meeting ii a meeting called to conduct official buaiDaa oftbe City. Sertim 10. UTIIJTIES. City shall provide all utility costs for operatiCJD with the uceptian of restaurant telephone. ConceuiOllllin shall be efficient in the uae of utilities . Sed;igp 11 JANITORIAL SERVICE AND TRASH REMOVAL. City shall be responsible for the reuonable coat of truh removal and juitorial service for tbe Leued Premiaea ucept for tbe kitchen, area bebiDd the bar, office area and storage areu. Sed;igp 12 PARKING FACilJTIES. a) The uilting parking facility adjacmt to tbe Restaurant coaceuicm (hereinafter called "puking facility") shall be open for UN by Ccmc:eellionaire and ita customers; such right of UN of the Aid pumDf facilitiea aball be DOD• ucluaive right. City shall mark three putm, 1pacas al tbe parkin, facility to indicate that they ant ~ for UN by eon-ianaire. b) City shall at ita own apenae maiDtaiD tbe puking facility, which shall include mow removal when neceuuy. Sertigp 13 SIGNS. The City and tbe Concesllicmaire shall share proportioa.atel in tbe coat of installation and maiDtenance of a sip or lip •t a locatian(a) and cantaminr languqe that ii mutually acr-ble. SertiAP H. PHYSICAL FACILlTY AND EQUIPMENT. City acrw to provide apace, bturN. eqaipmmt and ftrmitme lbr m equipped kitchen, bar, lounp -. p;Jl, mack bar and two ~ rocaa. Conceuicmaire acrw not to -aiatiac pu1:itiaaa aeparaaq diDiDc -and meetiDf room without the writtm permiaioD altbe City U..,. ar bia deeipee. s ' .. I· 1-~---------------------.• ,--------------------------- • • , . • $et;tiqp 15 ADDITIONAL FACILITIES AND EQUIPMENT. c--icm•ire shall have the right to imtall additional facilitiea and equipment with the c:oumt al the City M8Dapr or bu desipee. Cost for same shall be by mutual acz-t al the parties. Sectim 18 SECUlllTY. Coaceaim•ire ia reapaasible for the obtainiq of theft iDaurRDce coveriq all food, liquor, md other ,appliaa ud peraaaal property of Conceamoaaire. Such policiea shall coatain DO ript al subroptioa apimt the City. Conceuioaaire shall provide • copy of the policy to the City :llanapr-or bu deaipee. Sectim 17 . PEBSONNEL. •) Coac:euim•ire shall at ita own espenae -ploy such qualified penoDDel u may be wwuy for the c:onc:euion operation and shall require all penoDDe1 to be clean, polite, and courteous in their tnmactiona with the public. b) Coac:euim•ire shall live penonal supervision and direction to the operatioa of the cm srim and, when ablent, keep competent personnel in charse- c) City shall not be reapomible for the wqea or salaries of any employee or ~tiff aC Coaceuioa•ire, nor for any debts, liabilitiea or other obliptiom al Coac:euionaire. d) Neither the c,,,,_;,,,,a;re nor the -playw who perform servicea punuant to the ~ lball be c:onaidered employea, servants or apnts of the City al Enclewoad a a l'MUlt al the performmce of NrVicea under the Acnemmt. e ) Vaolmce wl acta probihited by law committ.d by Conce•ioo•ire or-plo,w of Coo...-im•in shall caUN immediate termin•tim of the Lew. Sectim 18. LICENSES AND PEilMITS. Conceasim•ire, at itR own upenae, shall ware any and all licmw and permita &Ir food NrYiCN RDd ~ of alcabolic and nm-alcobolic IMlftrapa. C-oac:euionaire ....-to promptly initiate m appticatina ud obtain a Botal ud a.tauruat LiqlD' LicmN pursuant to C.ll.S. 12-47-101 • seq. Cmc 111im•ire ,ball baff the rNpCJUibi]ity of the enfiJrcement of all liq1a' la-ud nipluioaR CID tbe pnmiau . Cm~m•in tball raiaaburN the City for all licmN l'Na it hat paid to SbaridaD aad tm State al Colando . 5ed:im 19. COMPLIANCE WITH STATE AND CITY HEALTH CODES. Con~ ,ball uep all coocewioa areu in • clND ud unitary c:mditum at all timea ud shall caaply with all Rate, COIIDt)' ud city bNJtb .... nlacmr to tbe du,pentin1 of f'aad wl ......-. 6 .. ~ I 1111111;111~ 111 lf( ,. ,'tfJlt1·l'' · J ... • ~J•· .• ~,g~ f .. .. 1ijl[J!tlrl;~ !! !t! IJ t .. f1 Ti f. tJJ r I . . . 7 1: u u t n1~ [1 1 .r !1 1 11.111~1 ,•! H u · '· = I I III i I l. I . I J (' f · • ~ · l 1· & .-J l ti . r111· ~, ! ., .. -i I ,,ti lf l Js· ,J.,s· l t 11" , ... a11, .. ,,1: Iii a· t' l! ,IJI· ll r' II f r l' ij 11 • a. ij a • I . . I 5 g., a.' l .f ij •l a. a. • ' "'..: ... , , ~· • • • • ,. - thereto. Concessimaire further agrees to indemnify the City for any claims bruught apimt the City because of or OD account of Concessionaire's operation. 3 . Fire and Extended Cmwap Inaurance shall be provided by the City OD the Club Houae buildiq, and mended buildinp included iD Leued Premises, only. Ccmceeeionaire shall be solely responsible for securing md payinc for insurance ccmnp on tboae improvement. md content. belonging to Concessionaire located in or on the Leaaed Pnmua.. Concessionaire hereby apnaly waives any cauae of actimi or richt of recovery which Cmceesimaire may hereafter have apimt City for any loea or damap to Leued PremiNa or to any caotenta or impnmlmenta thereto beloncinl to eitmr party, cauaed by fire or uploaim, 4. The polici• required abcmi sball be aaned t.o include the City of Eqlewood and the City of Eql8wood's oflicers and -p1oy99 u additional iDaured. E..ry policy required above shall be primary imurance, and any iuuruce carried by the City of Eqtewood, ita officers, or ita -PMJ79N , or c:uried by or provided tbrou,h uy self. imurance pool of the City al Eqlewood, shall be esceu and not contributory insurance to that provided by Conceuimaire. 5 . The certificate of imlunnce provided to the City of Enclewood shall be completed by the caaceuimaire's iDsunmce apnt u evidence that policies providing the required COYerap's , conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Engiewood pnar to ccmm-•t al the Acr-t. No other form of certificate sball be IINd. The certificat,e shall idmltify tbia Ap,lement and shall pl'09ida tbat the Cllftl'&P01 a&niad wader the policies shall not be cweled, termiDated or materially chaDpd until at least 30 days prior wriu.n DGCice baa hem given to the City of Enp,wood. The completed certificate of inlurance shall be sent to: City Clerk City of Enciewood 3400 Soadl Elm Sinai; Englewood., Cobado 80110 A certified copy of any policy shall be provided to the City of Eqlewood at ita requ.t. 6 . The partiN hereto IIDdantalld and acne that the puti• an relyiq OD, and do not waive or int.Ml to waive by any proYiaim of tbia Apwmlmt, the mmetary limitatiam (pramdy $150,000.00 par param and seoo.000.00 per occurrence) or any other rilbta, immunitiaa, and protectiom prcmded by the Colorado c.o..mm-ta1 Immunity Act. C.R.S. 24-10-101 et aeq., u from time to time ammdecl. or odmwiae anilable to the partiea, tbair omc.n, or their -.-,-. 8 • . .. 0 ., I· , • • • • A certificate evidencing said insunDce policy shall be kept on file with tbe City Clerk of the City and shall haft a provision that the same shall not be altered, amended, or cmc:eled witbaut ftnt givinf written naa11cat:ion thereof to the City thirty daJII prior thereto. Conc:eaicmaire further agrees to indemnify tbe City far any c1aima brought apmat the City because or on account of Conceaim•ire's operation. Sec;ticp 21 FIRE OR NATURAL DISASTERS. ID the 8\'8Dt fire or natural cliauter renders the Club HOWie and ita ~ ... facilitiee inoperable, the Conceaionaire shall be releued from the 1:iUm8 of compeaMtion to be pawl the City until such time u the Club U-and ita c:aoe -iioa facilitiee are declared open and operable by the City. If in the -c such cmaaim facilitiee are nat open and operable within a period aftmrty (30) daJII from the time of such ctiauter, CmcNaionaire baa the right to terminate ita CODtnct and 1-with tbe City wider Section 24, Termination of LeaN, CODtained hen!in. Se;ticm 22 TENANT RECORDS. Conceuionaire shall keep and maintain complete and accurate records and accounts of ita business on a calendar year buia. A monthly report shall be generated providin( a breakdown of ~grou sales" into the following categories: Rataurant Operations, Catering Operations, Bar Operations. Such recarda shall be maintained in accordance with pnerally accepted accounting principlea IDd shall be audited annually by an illapendmlt accowltant certifted in the State af Colorado. The recorda shall cleariy lbow Conc:euionaire's l?'IJA sales, u defined iD Sec:tim 9(c) of tlm Acr-ent. iDdadiq proc:eeda from all caterin( activities. G..-sales sball be divided in restaunm operatiau, cateriq operatioaa and bar operatiam. Such records and 8CCOUllta, illl:l1ldin, all sales tu reporta tbat Conceuioa•in fanuahes to any pwnunent or IUftl'DIDeDtal apncy shall be made available for impedim at any ~le time upon niqwt afthe City, the City's auditor, or other autbariDd res--tumt, 811d a c:apy of such annual audit, iDclwlinc all written commenta 811d IWOID-detim• of sw:h iDdependent accountant, shall be fumilbed to the City Clerk wit1liD 90 daYI of tbe cbe of the 8-1 year beiJlf 10 audited. Conc:euioaaire aball 8i diia time pay tbe additimal 1'91lt U spemled iD Sec:tim 9<bl of tlm AcrNmmt a1mc with a ..,..ta statmnent from the auditor st8iiq the pou sales of ean-wnein. Sec;ticp 23. TERMINATION OF LEASE. a) Thia 1-may, et any time, be terminatad by llitbar party upan IUll8ty (90) daJII' wriUm aatice to tbe odm-witbaut-. bl The partial may terminate tbe 1-by pYiq thirty (30) daJII' written notice of a YialetiaD afpei:ecrapba 5, 7, 8, 9, 10, ll, 12, 13, 1', 15, 16, IDd 17. c) VIOleaan afpancrepba 18, 19, 20, IDd 21 shall be P"Jllllde for immediate t.a'mmMIID af tbe 1-. 9 .... ... .. •· • t' '"' ' I o 1 32xl • ~ IE" l JI j 1 f J ·· -b' o s1 • ~ >it! ''lll'(t at 1,rrtr ! Se . 12. f .f ltl ·1t&if " ft 11• -~ liY • I 11i J !l_J'" ::3 l_r~t&i . 1. a. j . a. t I i il f !I r · . . ,:-a·~ ' •''f ' i.r f ~[ e9 .. 1h1· 51J1 li~ ~ f rJ.f · r .r.,1· ~ril f ft ftr ftil f f tf !~tJ ~ I ' . 1r ~f f ~ ii i!;~f ill ~-t . .i: •! ; . ~ • l tt ~1~r•11-a~=&i~l ~ • le :[,tlJ~ ~l~ll ·~ i I r ! ilili~9f~ lJi1J!I I r r [B f 8 r J1lr1ta, ~ 'i ! 't f ,,. , t: ii· f. ?! ii t' t I • B • B -1 r i a. · Btf I 'iii· "ls · ~ I ! ·ll~t ~J,Jt!i , r I . . . ~ ' ' .. ' • • • C . Any notice pven by mail shall be deemed delivered when depoaited in a United States pneral or branch polt oll5m, addraaed u above, with postap prepaid. or when aened persoaally at tbe applicable addnu. Sertim 26 . ENTIRE AGREEMENT. A . Contains tbe entire qreemea.t between tbe parties; and B . Shall be pemed by tbe laws altbe StU8 of Colorado. Secrkn 27. SEVERABILITY. If any clawie of proviaion of this Leue ia illepl, inYalid or llll8Dfim:eable Wlder i--t or future lawa effilc:t:ive dmmc tbe tam al this 1-ae, tt-and in that lmlDt, it ia the intention of tbe parties hereto that tbe rwneinct-aldlia 1-aball not be dected thereby. It ia a1ao tbe intmtim oftbe pal1ia to this 1-that in lieu al each claUN or proviaion of this Leue that ia illepl, inYalid or uneafi>n:eable, there be added u a part of this Leue a clauae or pl'O\'ilion u similar in term.a to sw:h illepl, invalid or unenforceable claUN or provision u may be pouible and be legal, valid and enforceable. $cs;t,igp 28 CAPTIONS. The caption of each Sectian ia addad u a mau.r of conV911ience only and aball not be coaaidend in tbe coutructiaD. of any prniaion or prmaiom of dlia LeaN. Sertim 29 . BINDING EFFECT. All terma, cmdiu.a ud COftlUllltl to be obNrnld and paribrmed by tbe parties beret.o aball be applicaNe to ud biDdiD( upan their rapectift heirs, acbninimatian, euc:uton, suc:ceuon and uaipa. IN WITNESS WHD.BOF, tbe pen;._.., baft im-to Nt their banda ud Mala u of tbe day and :,.r tint abaft writtm. CITY OF ENGLEWOOD, COLORADO •city" ATTEST : JOQCORP. ·c-ceuionain. BJ __________ _ Julie L QaialiQD, PNaidaat 11 .. • . . ·~ t , ; • • • BY AUTHORITY ORDINANCE NO. (20 1 )X") ;;J SEIIIESOF1901 \)Jr U' I • COUNet NO. 14 INTRO UC D BY COUNCIL MEMB ORMITI'AG/ RABE HT AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE tmLITY ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO. THE PURPOSE OF TIUS ORDINANCE IS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS WIUCH REGULATE THE CONCRETE UTILITY BY CREATING IN TITLE 12, A NEW CHAPl'ER 8 -CONCRETE UTILITY AND CONCRETE tmLITY ENTERPRISE FUND. WHEREAS, in order t.o promote the public health, safety, and welfare by controlling the coats of concrete replacement and repair within the City of Englewood, Colorado; and WHEREAS, t.o establish a Concrete Utility and Concrete Utility Enterpriae Fund to reallocate the coat and responsibility of maintaining the City's concrete infrastructure; and WHEREAS, 11-38-1, E .M.C . makes it the responsibility of every property owner to maintain the concrete curbs, gutt.en, and Bidewalb lllijacent t.o their property; and WHEREAS, the City is responsible for maintaining all remaining concrete: returns, catch buina, ~. concrete alleys, and alley entrancea ; and WHEREAS, the Concrete Utility and Concrete Utility Ent.erpriae Fund will pnmde a type of "concrete insurance" at a rea.mable coat ($5 t.o $7 per quarter for a typical residential property) and a convenient way to pay (9H, of the r-could be coUect.ed with the water and -er billa); and WHEREAS, the City would contribute its share of the fees just like any private owner; and WHEREAS, this new Chapter will pnmde for a portion of the concrete r-on corner properties to be paid by the City; and WHEREAS, the Englewood City Council &nda that each owner of a lot or parcel of real property within the City, aboald pay for tbe uae and the availability of uae of the Concrete Utility and Concrete Utility EntapriN Fund; and WHEREAS, there will be a fee impaaed for _.. of the Concrete Utility for the replacement and repair of concrete • deec:ribed in this Cbapt.er; and WHEREAS, auch fee will be baaed upon tbe .-mt al concrete attributable to the property punuant to this OrdiDanc:e ; -1- 10 bi .. •· I • . , . • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tjgp 1. 1lie City Council of the City of Englewood, Colorado hereby approves the creation of a Coocret.e Utility and Concrete Utility Enterpriae Fund by adding a new Chapter 8, t.o Title 12 of'the Englewood Municipal Code 1985, which shall read aa follows : 12-8: CONCBE'Di: UTILrrY AND CONCRETE UTILrrY ENnmPRl8E FUND: 12-8-1: DEF1Nffl0N8: BACK OF WALK: CORNER PROPERTY: IMMEDIATELY AD.JACENT : INFRASTRUCTURE CONCRETE: SIDEWALK: THE EDGE OF A SIDEWALK IMMEDIATELY AD.JACENT TO THE PROPERTY UNE. A LOT/PROPERTY AT THE JUNCTION OF AND ABU'M'ING UPON, TWO (2) OR MORE INTERSECTING STREETS HAVING AN INTERIOR ANGLE OF INTERSECTION OF NOT MORE THAN ONE HUNDRED THIRTY- FIVE DEGREES < 135°). NEAREST TO, BUT NOT NECESSARILY TOUCHING. CONCRETE THAT IS NON- ADJACENT TO PROPERTY LINES. (E.G. CURB RETURNS, CROSSPANS, CONCRETE ALLEYS AND ALLEY ENTRANCES). CONCRETE SIDEWALKS WHICH ARE CONSTRUCTED FOR THE USE OF PEDESTRIANS AND WHICH ARE LOCATED BETWEEN THE ROADWAY OR CURB AND PRIVATE PROPERTY LINES. 12-8-1: RULES AND IIBGULATIONS; AIIBNDIIDff8: RULES AND REGULATIONS OF THE CONCRETE UTIUTY' AND CONCRETE UTILITY ENTERPRISE FUND MAY BE ALTERED, AMENDED, OR ADDED TO FROM TIME TO TIME BY APPROVAL OF THE CITY COUNCIL. SUCH RULES AND REGULATIONS, TOGETHER WITH ALL AMENDMENTS, SHALL BE AVAILABLE FOR INSPECTION AT CITY HALL. -2- •. .. •· 0 0 , • • 12-8-3: CONCRETE UTILITY: A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY MANAGER, EMPOWERED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER. B. THE CITY MANAGER, SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF THE CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND . THE CITY MANAGER OR HIS DESIGNEE MAY PRESCRIBE FORMS, RULES AND REGULATIONS IN .. CONFORMITY WITH THIS CHAPTER; FOR THE ASCERTAINMENT, COMPUTATION AND COLLECTION OF THE FEES AND CHARGES IMPOSED IN THIS CHAPTER AND ANY FUTURE RESOLUTIONS OF THE CITY COUNCIL; AND FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE CITY MANAGER MAY DELEGATE THE ADMINISTRATION OF THIS CHAPTER OR ANY PART THEREOF, SUBJECT TO THE LIMITATIONS OF THE CHARTER AND CODE, TO DULY QUALIFIED DEPUTIES AND AGENTS OF THE CITY MANAGER. THE CITY MANAGER SHALL BE EMPOWERED TO MAKE DETERMINATIONS AS TO PROPER RESOLUTION OF DISPUTES ARISING FROM THIS CHAPTER, SUBJECT TO APPEAL. 12-M: SCOPE: A. ONLY CONCRETE CURBS, GUTTERS, SIDEWALKS, DRAINAGE FACIUTIES, AND OTHER ASSOCIATED CONCRETE LOCATED WITHIN THE RIGHT-OF-WAY OF A PUBLIC STREET, BETWEEN THE BACK OF SIDEWALK ON ONE SIDE OF THE STREET AND THE BACK OF SIDEWALK ON THE OTHER SIDE OF THE STREET, IS EUGIBLE FOR COVERAGE UNDER THIS CHAPTER. GENERALLY, CONCRETE BEYOND THESE UIIITS (BETWEEN BACK OF WALK AND PROPERTY LINES ) IS EXCLUDED FROII COVERAGE; ALTHOUGH EXCEPI'IONS MAY BE ALLOWED AT THE DISCRETION OF THE CITY MANAGER OR HIS DESIGNEE. 8 . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER. C. THE UTILITY FEE FOR CONCRETE IIIIIEDIATELY ADJACENT TO PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID PROPERTY; FEES FOR NON-ADJACENT CONCRETE, BUT WITHIN THE ABOVE DEFINED UKITS, WILL BE PAID BY THE CITY. D . THE CITY WILL BE A FULL PARTICIPANT IN THE CONCRETE UTILITY, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED ON THE AREA OF INFRASTRUCTURE CONCRETE AND CONCRETE • ADJACENT TO CITY FACILmES. • E . MAINTENANCE OF CONCRETE IN PUBLIC ALLEYS REMAINS THE RESPONSIBILITY OF THE CITY. -3- • , ---------------::-----· • • F . THIS CHAPI'ER DOES NOT APPLY TO NEW CONCRETE, ONLY MAINTENANCE OF EXISTING CONCRETE. 1.U-6: AUGMENTS· DOES Nor REPLACE EDSTING PROVISION& A . THIS CHAPI'ER IS INTENDED TO AUGMENT EXISTING PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE BY PROVIDING FOR AN ALTERNATE MEANS OF FUNDING REPAIRS. OWNER'S RESPONSIBIUTY UNDER 11-38-1 OF THIS CODE DOES NOT CHANGE. 8 . EXCEPI' AS AMENDED, EXISTING LAW DOES NOT CHANGE. A . THERE IS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND WITHIN THE CITY A CONCRETE UTILITY FEE. THE CONCRETE UTILITY FEE SHALL BE REVIEWED ANNUALLY AND SET FROM TIME TO TIME BY ORDINANCE OF THE CITY COUNCIL AND SHALL BE BASED UPON THE AREA OF CONCRETE IMMEDIATELY ADJACENT TO THE LOT OR PARCEL. B . ALL MONIES RECEIVED BY THE CITY UNDER THIS CHAPTER SHALL BE PLACED IN A SEPARATE ACCOUNT AND EXPENDITURES THEREOF SHALL BE MADE ONLY FOR THE PURPOSE OF: 1. CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE, IMPROVEMENT, REPLACEMENT AND RECONSTRUCTION OF PUBLIC CONCRETE IN THE CITY AND ALL OTHER FACILITIES NECESSARY TO ADEQUATELY PROVIDE FOR TRANSPORTATION IN THE CITY. 2 . FUNDING OF ALL COSTS, INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE COSTS, S'nJ'DIES, EQUIPIIENT, CONSULTANTS, LABORATORY TESTING, PERSONNEL COSTS, AND SYSTEM IMPROVEMENTS, NEEDED TO COMPLETE THE STUDIES AND MANAGEMENT PROGRAMS NECESSAllY TO BRING THE CONCRETE WlTIUN THE RIGHT-OF-WAY OF THE PUBLIC STREETS INTO COIIPIJANCE WITH ALL STATE AND FEDERAL REGULATIONS AND THE REQUIREMENTS OF THE CITY AS CONTAINED HEREIN. 3 . REIMBURSING OF OTHER CITY FUND DMSIONS FOR EXPENSES INCURRED IN THE OPERATION, REPAIR AND MAINTENANCE OF THE CONCRETE WITIUN THE RIGHT-OF- WAY OF THE PUBLIC STREETS. ALL REDIBURSEMENTS MUST BE PROPORTIONAL TO SDVICBS DNDERED BY OTHER DEPARTIIENTS, AND, LIDWISB, PROPORTIONAL CREDITS SHALL BE RECEIVED FOR SDVICBS DNDERED TO OTHER DEPARTMENTS BY THE CONCRETE UTILITY. .4 . .. • 0 • • t• ·, • C . THE ENGLEWOOD CITY COUNCIL HEREBY GIVES APPROVAL OF ESTABUSHMENT OF A CONCRETE U11LITY USERS FEE OF SEVEN AND EIGHT-TENTHS CENTS ($0.078) PER SQUARE FOOT OF CONCRETE PER ANNUM . D. THE CITY MAY PLEDGE CONCRETE tmLITY ENTERPRISE FUND FEES COLLECTED UNDER THIS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO THE RETl1lEIIENT OF THE PRINCIPAL AND INTEREST OF REVENUE OR GENERAL OBLIGATION BONDS ISSUED BY THE CITY FOR FINANCING ANY OF THE ACTIVITIES OF THIS CHAPTER. E . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND FEES COLLECTED UNDER THIS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO PARTICIPATE WITH OTHER PUBLIC ENTITIES, HAVING A COMMON INTEREST, IN CONCRETE UTILITY PROJECTS. ~7: Cft'Y CON'l1IIBlJ'l10 POil COBNEll PBOPBll'l"IE& A THE STREET ALONG WHICH THE LOT OR PARCEL IS LEGALLY ADDRESSED, OR STREETS PARALLEL OR NEARLY PARALLEL THERETO, SHALL BE DESIGNATED AS PRIMARY FRONTAGES, EXCEPI' WHERE THE OWNER HAS NO ACCESS TO THE ABUTTING STREET, WIUCH SHALL BE DESIGNATED AS A SECONDARY FRONTAGE . B . STREETS PERPENDICULAR OR NEARLY PERPENDICULAR TO PRIMARY FRONTAGES WILL BE DESIGNATED AS SECONDARY FRONTAGES. C . THE CITY WILL CONTRIBUTE 7K OF THE FEE FOR SECONDARY FRONTAGES, BASED ON THE AREA OF CONCRETE THEREOF. 11-8-& 'mllPOIIARY DBIIP'l10N POB CONCIIE'l'B 1JNDEB WABBANTY. PAB'ftAL BBDUCnON IN nm& A . CITY ORDINANCE 11-38-9, E.M.C., REQUIRES CONCRETE CONTRACTORS TO WAJlllANT THEIR WORK FOR TWO YEARS FROM THE DATE OF COMPLETION. ANY EXISTING CONCRETE COVERED BY THIS TWO YEAR WARllANTY, Oil ANY FUTURE CONCRETE NOT CONSTRUCTED BY THE UTILITY MUST BE COVERED BY A WARllANTY AND WILL BE TEMPORARILY EXEMPl'ED FROM U11LITY FEES FOR THE WARRANTY PERIOD. B. ONCE THE CONCRETE WARllANTY DPillES, THE TEMPORARY EXEMPTION WILL EXPIRE, AND THE OWNER WILL BE RBQUIB.ED TO RESUME PAYMENT OF FULL FEES. THE FEE WILL BE PRORATED TO THE DATE OF THE EXPIRATION. -5- : • 0 ----------------------cer----------------------------.. • 0 I• - C . THIS TEMPORARY EXEMPTION WILL BE ALLOWED ONLY FOR THE AMOUNT OF WORK ACTUALLY CONSTRUCTED (I.E. THE ENTIRE PROPERTY IS NOT EXEMPT, ONLY THAT PORTION OF THE CONCRETE ACTUALLY BUILT). 12-8-9: BILLING AND PAYMENT OF FEES: A . THE CONCRETE UTILITY FEES SHALL BE BILLED AND COLLECTED WITH THE QUARTERLY WATER AND SEWER BILL FOR THOSE LOTS OR PARCELS OF LAND UTILIZING CITY UTILITIES AND BILLED AND COLLECTED SEPARATELY AS FOR THOSE LOTS OR PARCELS OF LAND NOT UTILIZING CITY WATER AND SEWER UTILITIES . B. THE FEES CHARGED IN EACH BILLING PERIOD ARE EFFECTIVE UPON MAILING THE BILL OR NOTICE TO THE LAST KNOWN ADDRESS OF THE UTILITY USER SHOWN ON THE RECORDS OF THE CITY'S UTILITIES DEPARTMENT. C . ALL CHARGES FOR THE USE OF THE CONCRETE UTILITY PRESCRIBED BY THIS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS AFI'ER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL . 12-8-10: DELINQUENCY AND COu.ECnON: A . DELINQUENCY SURCHARGE . FEES LEVIED IN ACCORDANCE WITH THIS CHAPTER SHALL BE PAID WITHIN THIRTY (30) DAYS FROM THE DATE OF BIWNG TO THE CITY. IF THE BIU. IS NOT PAID WITHIN SIXTY (60) DAYS AFTER BILLING, IT SHALL BE DEEMED DELINQUENT WHEREUPON A TWENTY-FIVE PERCENT (25CJ,) SURCHARGE SHALL BE IMPOSED FOR COLLECl'ION SERVICES. B . NONPAYMENT. ALL FEES AND ANY ACCRUED SURCHARGES SHALL BE A LIEN UPON THE BILLED PROPERTY FROII THE DATE SAID FEES BECOME DUE UNTIL SAID FEES ARE PAID . THE OWNER OF EVERY STRUCTURE OR PREMISES SHALL BE I.JABLE FOR THE FEES, WIUCH LIEN OR LIABILITY MAY BE ENFORCED BY THE CITY BY AN ACl'ION AT LAW OR SUIT TO ENFORCE THE LIEN. IN THE CASE WHERE THE TENANT IN POSSESSION OF ANY PREMISES PAYS THE FEES, IT SHALL RELIEVE THE PROPERTY OWNER FROII SUCH OBLIGATIONS AND LIEN, BUT THE CITY SHALL NOT BE REQUIRED TO SEEK PAYMENT FROM ANY PERSON OTHER THAN THE PROPERTY OWNER. NO CHANGE OF OWNERSHIP SHALL AFFECT THE APPLICATION OF THIS CHAPTER, AND THE FAILURE OF ANY OWNER TO DISCOVER THAT HE PURCHASED PROPERTY AGAINST WHICH A LIEN FOR FEES OR SURCHARGE EXISTS SHALL IN NO WAY AFFECT HIS I.JABILITY FOR SUCH PAYMENT IN FULL. SAID DELINQUENT PAYMENTS, AND THE LIEN CREATED THEREBY, SHALL BE ENFORCED BY ASSESSMENT UPON THE PROPERTY AND PREMISES SO SERVED AND CERTIFICATION THEREOF TO THE COUNTY TREASURER FOR COLLECTION. -6- •. •· I • . ,. - 12-8-11: DEFERMENT PROVISION: A . EUGIBLE PROPERTY OWNERS SHALL BE ALLOWED TO DEFER PAYMENT OF FEES UNTIL TRANSFER OF OWNERSlilP TO ANOTHER PERSON. ALL BACK FEES, PLUS INTEREST AT A RATE DETERMINED BY COUNCIL RESOLUTION SHALL BECOME DUE AND PAYABLE WITH TRANSFER OF OWNERSHIP. B . PROGRAM EUGIBILITY IS DETERMINED BY THE ENGLEWOOD HOUSING AUTHORITY, ACCORDING TO FEDERAL STANDARDS INCLUDING VARIOUS FACTORS SUCH AS AGE, DISABILITY, INCOME LEVEL, AND THE ASSETS OF THE OWNER. C . APPUCATIONS WILL BE SUBMITl'ED TO THE ENGLEWOOD HOUSING AUTHORITY, WHO WILL PROCESS ALL APPLICATIONS AND DETERMINE ELIGIBIUTY. E . APPUCATION FOR DEFERRAL CAN BE MADE AT ANY TIME. 12-8-12: VOLUNTARY NON-PARTICIPATION PROVISION: A . OWNERS MAY ELECT TO "OPT-OUT" OF THE UTILITY (NOT PAY UTIUTY FEE) AND FUND ALL REPAIRS PERSONALLY B . OWNERS WHO CHOOSE TO OPT-OUT OF THE PROGRAM MUST EXECUTE A VOLUNTARY NON-PARTICIPATION AGREEMENT. 1. THE AGREEMENT WILL STIPULATE THAT IN ORDER TO RE-ENTER THE UTILITY: a . ALL BACK FEES MUST BE PAID IN FULL. b . ALL CONCRETE MUST BE BROUGHT INTO COMPLIANCE WITH CITY STANDARDS, (I .E. REPAIRED) AT OWNERS EXPENSE. C . THE AGREEMENT WII..L ALSO STIPULATE THAT THE AGREEMENT WILL BE FILED WITH THE COUNTY CLERK AND RECORDER, AND WILL SERVE AS LEGAL NOTICE TO ANY FUTURE PURCHASER, OR OTHERS WITH A CURRENT OR FUTURE FINANCIAL INTEREST IN THE PROPERTY. D . E . NON-PAYMENT OF FEES WILL BE DEEMED A DELINQUENT ACCOUNT AND WILL NOT BE CONSIDERED AS A GROUND FOR NON- PARTICIPATION IN THE CONCRETE UTIUTY PROGRAM. (I .E . VOLUNTARY NON-PARTICIPATION REQUIRES AN AFFIRMATIVE ACT TO "OPT-OUT" BY EXECUTING AN AGREEMENT, A PROPERTY OWNER MAY NOT JUST REFUSE TO PAY THE FEE). THE OWNER UNDERSTANDS THAT HE WILL BE RESPONSIBLE FOR ALL REPAIRS <OPTING-OUT OF FEE DOES NOT CHANGE RESPONSIBILITY TO MAINTAIN CONCRETE). -7- ...... .. • • 0 : . • 12-8-13: ADMINISTRATIVE REVIEW AND APPEALS: ANY OWNER WHO DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT TO THIS CHAPTER, OR WHO DISPUTES ANY OTHER DETERMINATION MADE BY OR ON BEHALF OF THE CITY PURSUANT TO THIS CHAPI'ER, MAY PETITION THE CITY MANAGER FOR A HEARING ON A REVISION OR MODIFICATION OF SUCH CHARGE OR DETERMINATION NO LATER THAN THIRTY(30) DAYS AFTER HAVING BEEN BILLED FOR SUCH CHARGE OR AFTER HAVING BEEN NOTIFIED OF SUCH DETERMINATION. THE CITY MANAGER MAY CONDUCT SUCH A HEARING HIMSELF, OR AT HIS SOLE DISCRETION, MAY DESIGNATE AN OFFICER OR EMPLOYEE OF THE CITY AS A HEARING OFFICER WITH AUTHORITY TO HOLD SUCH HEARINGS. FURTHER APPEAL MAY BE MADE TO THE DISTRICT COURT AFTER A DECISION HAS BEEN MADE BY THE CITY MANAGER OR HIS DESIGNEE OR AFTER ONE HUNDRED AND TWENTY (120) DAYS IF A DECISION HAS NOT BEEN RENDERED BY THE CITY MANAGER OR HIS DESIGNEE. Section 2. Safety Clauses The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for 1he health, safety, and welfare of the public, and that this Ordinance is necessary for the preeervation of health and safety and for the protection of public convenience and welfare. The City Council further determines that 1he Ordinance bears a rational relation ID the ~ legislative object sought to be obtained. Section 3. Severabjljty If any clause, eentenc:e, paragraph, or part of this Ordinance or the application thereof ID any person or circumstances shall for any reason be acijudged by a court of compet.ent jurisdiction invalid, aw:h judcment shall not affect impair or invalidate the remainder of this Ordinance or it.a application to other persons or circumatances. Sectign • Joroneietent Ordioaos11 All other Ordinances or portiom thereof inconsistent or conflicting with this Ordinance or any portioo hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Ef[ec;t of m,eal or modjfiG1tioo The repeal or modification of any provision of the Code of 1he City of Englewood by this Ordinance shall not releue, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have bee incurred under such provision, and each provision shall be treated and held u lltill remaining in force for 1he purpoees of sustaininc any and all proper actions, suita, proceedinp, and proeecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of sustaining any jud(ment, decree, or order which can or may be rendered, entered, or made in such actiona, suit.a, proceedinp, or proaecutiODII. Sectign 6 . fmalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Sectiop 7. Within twenty-four montha the City Council shall re-evaluate this issue to see if the City can take on additional liabilities . -8- .. •· 0 ., • . ~ • . . .. Introduced, read in full, and pasaed on tint reading on the 3rd day of'Marc:h, 1997. Published u a Bill for an Ordinance on the 6th day of'Man:b, 1997. A Public Heariq wu held on April 7, 1997. Amended and reintroduced, read in full, and puaed u amended OD tbe 21at day of April, 1997. Amended and reintroduced, read in full, and puaed U amended OD tbe 5th day of'May, 1997. PubJiabed all amended OD the 8th day of May, 1997. Read by title and pa.-i OD final reading OD the 19th day of May, 1997. Publiabed by title as Ordinance No. _, Series of 1997, OD the 22nd day of May, 1997. Thomu J. Burna, lla,or ATTEST: Louc:riabia A. EDia, City Clerk I, Loucriabia A. Ellia, City a.k of the City of......_., Colando, ._._, certify that the abate and fbretainl ia a 1ne capJ of the~ ...... OD IDaJ readiq and publiabedbytitle u ~No.__, S.-all9"1. .9. .. • ... .. • 0 f 32xl --------------------------,.,------------------------------- ... J • ORDINANCE NO. _ SERIES OF 1997 • - BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER HABENICHT/ WIGGINS AN ORDINANCE F.8'l'ABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH, FOR A PERIOD OF EIGHT MONTHS. WHEREAS, the current zoning for the property located between Yale on the North, Delaware on the East, Santa Fe on the West and Dartmouth on the South, ("property") a description of which is attached as Exhibit l, is antiquated and needs to be updated; and WHEREAS, the City Council desires staff to pursue environmental concerns as well as funding for remediation of any environmental hazards; and WHEREAS, staff will need sufficient time to review and work through the pouible rezoning of the "property" and environmental concerns; and WHEREAS, the Englewood City Council deems it neceuary to coordinate the review of the resoning and environmental reeearch of the "property" and finds it appropriate to ceue permitting and the sranting of lice1111e11 until the review and reviaed zoning hu moved throuch the planning and zoning proceu; and WHEREAS, the reviaiona to the zoning will help to protect the public health, safety and welfare within the City's zoning limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;ion 1. The Englewood City Council eetabliabea a temporary suapenaioo or moratorium on the issuance of permits and the granting of licensN u to the industrially zoned portions of the "p1ope1ty• described in Emibit 1. Sed;ion 2 . The Englewood City Council directa City staff to develop appropriate recommendations to Council, within eipt months, to be consiatent with tbia Ordinance for the "property• described in Ellhibit 1 and ahaU provide recommendationa u to the environmental remediation and zoning of aucb property. Sec;tign 3 . The Englewood City Council finds the proYiaiona of tbia Ordinance are temporary in nature and are intended to be replaced by aubaequmit leaialative enactment. Thia Ordinance lhall terminate on February 5, 1998. -1- ..... 10 b 11 • • • <. ro I T-16 CD ~ ·c: ~<t gz 'e ~~-E~ z~ . i a <( J:-c~ :J i ~) .. (i} ..5 ci5 • • er------------------------, ORDINANCE NO. _ SERIES OF 1997 0 • BY AUTHORITY •• COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE CREATING PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB, GUTTER, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado punuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No . 38, in the City (the "District"), and the construction and installation of street paving, curb, gutter, sidewalk, and storm drainage improvements, together with necessary incidentals, within the District; and WHEREAS , the City Council has determined to proceed with the creation of the District and the construction of the improvements within the District, as described in Resolution No. 40, Series of 1997, passed and adopted by the City Council on March 17, 1997; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1 Crnnttmc(dleQWrid. That a special improvement district for the removal and replacement or new comtruction of the improvements hereinafter described, is hereby created and establiahed in accordance with the City Charter, Chapter 2 of Title 11 oft.be Municipal Code oft.be City, and the laws oft.be State of Colorado, and shall be known and designated as "Paving District No . 38". All proceedinp, heretDfore taken and adopted in connection with the District are hereby ratified, approved, and confirmed . Sectiop 2 . £NireeriDs .,_ agd flrr:f..,.,..,,. That the engineer's reporta, together with the preliminary details, specifications, estimates of coat, maps, and schedules attached or appended to said reports, are hereby approved and adopted. Sectiop 3 . DWridllqgglpy, The District shall be located within the corporate limits of the City and shall be comprised of all of the real property adjacent to which the curb, gutter, sidewalk and paving do not meet City standards, which real property may be aueued with the coat of the improvementa. A list containing the adctr-es of said real property i11 attached hereto as "Exhibit A. • 1- •. 10 b 111 .. •· 0 • .,~~---------------------,---,, • ·, • .. Section 4. Pee h*" qlJn11av,..,,.,,,.,. (a) The propoaed District shall include all of the real property fronting or abutting on the street between the termini hereafter described, including the real property within one-half (It.z) block of such streets and avenues. Adjustment& for the usesament of C08ta will be made for irregular and odd-shaped lots and parcels of property. (b) The improvements to be c:omtructed or installed are as follows: (1) Neceuary grading and excavation, with 8" compacted gravel bue coune and 3" upbaltic cooc:ret.e surface, conc:ret.e walks, curb and gutter where not already inatalled or not meeting City standarda; t.optber with appurtenances and incidentals on the following streets and avenues: On W . Radcliff' Ave . W . Stanford Ave . W . Thomaa Ave. S . Beverly Dr. S . Garden St. S . Windermere St. W . Prentice Ave. From S. Windermere St. S . Windermere St. S . Windermere St. W . Tufts Ave . W . Thomas Ave . W. Quincy Ave. S. Windermere Cul-de-sac 1: 600' E. of Nav., Cul-de-sac 1: 330' E . ofNav., S . Garden St. W. Thomaa Ave. Cul-de-sac 1: 220' S . of Thomaa Ave. W. Tufts Ave. S . Hickory Lane (2) Neceuary grading and e:itcavation, with 6" compacted gravel bue coune and 2" upbaltic cooc:ret.e surface, concrete walks, curb and 111tt.er where not already inatalled or not meetiq City standarda; toptber with appurtenances and incidentals on the following stneta and avenues: On From To S . Emenon St. E. Girard Ave . E. Hampden Ave. On (3) Neceuary grading and ucavation, with concrete ltrNt pavm,; toptber with appurtenances and incidentals cm the followinc streets and avenuee : From To W . Jeff'enon Ave . s. Cberobe St. Alley E. of CIMrobe ( c) Prior to the removal and ....,a-ment or new coaatruction of the improvement& within the pr..-1 diatrid, aftect8d property - will be allowed a apec:i6ed time period in which to have uid improvements removed and Nplaced or c:outncted on their own initiative. ( d) The probable total coat of tbe ilDplow-ta to be c:outncted and imtalled within the Diatrict la Sl,380,000. ( e) The probable amount of tbe total coat of Mid improvemmta which the City aball pay la appnmmataly 1520,000. -2- • . .. ., I· , • • 0 I • • ( f) The balance of the total cost which is not paid by the City will be assessed against the real property specifically benefited by the improvements. Probable costs per front or linear foot for said improvements are as follows: Paving : Concrete: 40' width, 8" base, 3" asphalt 30' width, 8" base, 3" asphalt 24' width, 8" base, 3• asphalt 20' width, 8" base, 3" asphalt 32' width, 6" base, 2" asphalt Monolithic curb, gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Concrete ''V" Pan 4 Ft. wide 8" Concrete Street Paving 4" Curbwalk I 6" Curbwalk I $54.25 F.F. $40.75 F .F . $32.50 F.F. $27.00 F .F . $32.50F.F . $33.00 L.F. $30.00 L.F . $16.25 L.F . $23.50 L.F. $72.00 F.F. $31.00 L.F. $33.00 L.F. No assessments will be made for curbs, gutters, and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City. Property owners are specifically referred to the schedule of proposed asaessments which will be on file in the Office of the Director of Public Works, from which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Sec;tigp 5. I I PM mtAud! ia++d. The removal and replacement or new construction of the improvements described above in and for the District, and as shown by the plans, specifications, and maps approved and adopted by the City Council, is hereby authorized and ordered. The material to be used in the removal and replacement or new construction of said improvements is to be in accordance with such plans, specifications, and maps. Sec;tign 6 . A mt q(fgp. The probable total cost of the improvementa to be removed, replaced, or constructed within the District is $1,380,000; it is proposed that the City of Englewood will pay appnmmately $520,000 of said total cost. The balance of the total cost which is not paid by the City of Englewood will be assessed against the real property located within the District and specially benefited by removal and replacement or new construction of the improvement.. The approximate amounts to be assesaed against said properties on a front foot, linear foot, or square foot basis shall be aa more particularly set forth in Resolution No.40, Series of 1997; said unit coata are incorporated herein by specific reference. Sec;tigp 7 . Pu-er& qfA EM The coata of the removal and replacement or new construction and installation of the improvement., leu that portion which is paid by the City, sball be aueued by ordinance upon all the real property within the district baaed upon the benefit conferred by the improvementa upon each parcel of realty within the district. lf the -ment is not paid in full within the period of -3- ; I· 0 • • • - <. time set forth in the usesament ordinance, the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the llll8ellllment ordinance. Ses;tiqp 8. ........ The City Council hereby finds and determines that the improvements propoaed to be removed and replaced or constructed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole. Sec;tigp 9. Sat WY If any one or more aectiona or parts of this Ordinance shall be acljudpd unenforceable or invalid, such judgment ahall not affect, impair or invalidate the remaining proviaiona of this Ordinance, it being the intention that the varioua proviaiODS hereof an, severable. Sectim 10. B I I . All ordinances, or parts thereof, inconsistent or in contlict with this Ordinance are hereby repealed to the extent only of such inconaiatency or conflict. Sec;tigp 11. PHIJl,,.,-,agd.....,._Qete. Thia Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication ahall be authenticat.ed by the signature of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of this Ordinance, a copy of this Ordinance shall be provided to the County Aaaesaor and the County Treasurer of Arapahoe County and to the Diviaion of Local Government in the Department of Local Affairs of the State of Colorado. Thia Ordinance shall become effective thirty (30) days after publication following final paaaage. Introduced, read in full, and paaaed on tint reading on the 5th day of May, 1997. Publillbed as a Bill for an Ordinance on the 8th day of May, 1997. Read by title and paaaed on final reading on the 19th day of May, 1997. Publillbed by title u Ordinance No._, Series of 1997, on the 22nd day of May, 1997. Thomu J . Suma, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foreaoiDI ia a true copy of the Ordinance puaed on ftnal reading and published by title u Ordinance No. _, Series of 1997. -4- .... ... •· 0 PPI su-m 1971-35-3-23-032 HAMPDENA VEEIS I l 971-35-3-23-033 EMERSONSTS347S 1971-35-3-23-034 E.\fERSONSTS343S 1971-35-3-23-037 EMERSONSTS3401 1971-3S-3-23-038 CLARKSONSTS3426 1971-3S-3-24-00I EMERSONSTS3444 1971-3S-3-24-009 EMERSONSTS3446 1971-35-3-24-012 ~-.. ---·A VEE9SS 1971-35-3-24-013 EMERSONSTS:3496 1971-3S-3-24-014 NO ADDRESS 2077-03-2-02-011 -"" TS3610 ~077-03-2-02-012 CHEllOKEESTS3612 ~077-03-2-02-013 CHEllOKEESTS3620 • .i-----------------------,-,--, • • NaaeudAddna tolumbia HealthOne LLC ~3 s. Ulsler St. #1200 Denver, CO 80237-2153 tolumbia HealdlOae LLC ~3 s. Ulsllr St. #1200 Denver, CO 80237-21S3 Columbia HailhODe LLC 4643 s. Ulsler St. # 1200 Ocnva', co 80237-2153 Craig Hospital 342S S. Clarbon St Englewood, CO IOI 10-2811 Craig Hospital 342S S. Clarbon St Englewood, CO 80110-2811 Columbia HealthOne LLC 4643 s. Ulsler St. #1200 Denver, CO I0237-28S3 Columbia Heald!One LLC 4643 S. Ulsler St. #1200 Denver, CO 80237-28S3 Columbia HailhODe LLC 4643 s. Ulsllr St. #1200 Dmva', CO 80237-21S3 Columbia HealdlOae LLC 4643 s. Ulsler St. #1200 DmWI', CO 80237-21S3 Columbia HealdlOae LLC 4643 s. Ulsllr St. # 1200 Denva', co 80237-2153 Jaies R. SuUiva 3610S.C.....St. -CO IOI 1~3526 11"-*YG .C.... 3612 s. a.au. St. -CO IOl1~3Sl6 ba..id A. a. Blay J. -,-. IT 11:N 3910 s. 0..,.. St. CO IOIIIM523 Papi ,,,_ -- • X ... I • I T A. •· • PPI Situ-ID 2077-03-2-02-014 CHEROKEESTS3630 12077-03-2-02-015 ~HEROKEESTS3638 2077-03·2-02-016 CHEROKEESTS3642 2077-03·2·14-017 JEFFERSONAVEW262 2077-03·2·14-018 CHEROKEESTS3644 ~ITYDITCH ~OADDRESS 2077-03·2·14-019 CHEROKEESTS36SO 0 • Name and Add.- ~IB.Feh~ ~630 S. Cherokee St co 80110.3526 ~lea D. Werner ~638 S. Cherokee St Eaglewood. co 80110.3526 Maxine M. Molner & Linda L. Unger, JT Ten 3642 S. Cherokee St Eaglewood. co 80110.3526 ~LeeCooper 1252 W. Jeff'mon Ave. co 80110.3535 ~obn H. & Joyce Wise, JT TEN ~105 s. Gilpin St co 80110.3022 l'-"J' u, - ~tilities Depanment 3400 S. Elati co 80110 ~J.Conb ~I S.FoxSt. CO 8C>l 1CMS62 ~leDviewLID ~300 W'mdamere St. 2077-09-1--00-001 WINDERMEllESTS4300 ~ CO IOI 10-5539 ~"'·-~ v. Scblllk Propeny M......-, r7730 E. Belleview Ave. #210 ~077-09-1~22 RADCLIFFAVEW1401 CO IOlll·2605 I.Aw Siar Plywood & Door COl1)Cll'IDClll 1425 Airline Or. #200 ~077-09-1~35 WINDERMERESTS4460 CoDDell. TX 7S01M60I Willdlllr ladmCries, Inc . 1351 W.SCmfordAve. 2077-09-1~37 STANFORDAVEWl351 -CO IOII0-5533 W"mdlar IDdulaies, Inc . 1351 W. SCmford Ave. 2077-09-1-00-031 STANFORDAVEW1301 CO IOll0-5533 Noyea & Lmab Limillld Liabilily c-pmy 14590 Wilda--St. 2077-09-1-00-041 WINDERMEllESTS4590 CO IOI 10-5541 Plp 2 .. • ...... • t• • '· • PPI Situ-ID NameudAddraa Windsor lndus1ries, Inc. 1351 W. SlmfordAve. 12077-09-1-oo-047 RADCLIFF A VEW1300 fnalewood, CO IOl 10-5533 Windlor lndus1ries, Inc. 1351 W. Slmford Ave. 12077-09-1-00.(MI ID Anr1JFFAVEW1252 Englewood. CO 80110-5533 Lone SIii' Plywood & Door Corponlioa 425 Airline Dr. #200 .. ~077-09-1.()().069 WINDERMERESTS4550 Collllell, TX 75019-4608 W"mcllor lndus1ries, Inc. 1351 W. Slmford Ave. 2077-09-1-00-070 STANFORDAVEW1512 -CO IOl 10-5533 W"mcllor lndus1ries, lllc. 1351 W. SlmfordAve. 2077-09-1-00-073 ~OADDRESS -CO IOl 10-5533 DMH Pruplnies LLC 1401 W. Slabd Ave. 2077-09-1-00-074 STANFORDAVEW1401 -co 80110 Raad Inc. 4390 W"llldlrma'e St. 12077-09-1.()0..()75 WINDERMERESTS4390 ~ • CO IOl 10-5539 lt-'lnc. ~390 w----St. l2o77-09-l .Q0-076 NO ADDRESS ~ ' CO IOl 10-5539 iJoe ll. ,t a..n A. Zyllln. rr TEN 1510 W. n.11 Ave. 2077-09-1-16-006 1UFTSA VEW1510 ~ CO IOl 10-5531 va i:2000 s. Hally 911.- COOT LOTS io--. co IOZ22 ALONG CURVE Aaa:PmlF.-,--· -· % Daiei F. llaly 1495 W. 1'llaaa Ave. 2077-09-1-16-010 llfOMASA VEW1515 -CO IOl 10-5577 -----··--5l0Pw4u11i.nDr. CO 111132-1422 12077-09-1-17-004 OARDENSTS4640 •· Clllltll C. llaly 3322 W. "--Ave. ~-09-1-17-005 OARDENSTS4650 l.alaaa. CO I0123· '1924 • ...... •. 0 • ' PPI Situ-ID Name ud Addreu Kiarden Lane Warehouses ~S4 s. Ganim Ln. 12077--09-1-17-006 KiARDENSTS4654 Englewood, CO 801 IO-SS48 ~Id Aumhl, el al. i600 WIISOII Ln. ~077--09-1-17-0IS KiARDENSTS4660 I :..a-C0 80123•2902 Antaaio .t Assunta Bovmzi, JT TEN 2111 S. fflrllll St 2077--09-1-17-022 iTIJFTSA VEW1470 Lakcwood, co 80227-3617 --""'··--.1 "Good o.cat Co . 149S W. Thomas Ave. 2077--09-1-17-023 illlOMASA VEWl493 -CO 80110-S577 J M .t J lnWSlmems, Inc . 1495 W. Thomas Ave. 2077-09-1-23-0IJ 1llOMASAVEW1500 Englewood. CO 801 IO-S577 Mildred G. & Mary S. Harr, JT TEN 6818 S. EliDbcdl St 12077--09-1-23-00S lllOMASA VEWl480 Littleton, CO 80122 LTRPlnDmbip 1470 W. Tbomas Ave. 12077--09-1-23-006 1HOM•"•VEW1470 -CO IOI 10-5544 Jack .t Virplia Nellipn. JT TEN 4675 s. w----St. 12077--09-1-23-0I I NO ADDRESS -CO IOI I0-5542 ~-S. & Miry Pans, JT TEN 1460 W. Tllfts Ave. 2077-09-1-23..() 12 WINDERMERESTS4610 ~ CO IOI I0-5536 iH.tBe..priNI 1450 I S. Navajo St. 2077--09-1-24-001 NAVAJOSTS4SOI • CO IOI 10-5529 IH.tB~ 14501 s. Navajo St. 2077--09-1-24-002 ~OADDRESS CO IOI 10-5529 Unilad Madliq Inc. 4541 s. Navajo St. 2077--09-1-24-003 ~AV AJOSTS4S4 I CO IOI 10-5529 Wladlar ........ Inc. I· • 1351 W. Slafilrd Ave . 2077--09-1-25-002 STANFORDAVEWl312 -CO IOII0-5533 0 • '32xl PPI Sltm-m ADDRESS ADDRESS ADDRESS • .-----~-.-------.-~~~ • • <. iadlcJr bldullries, Ille. 1351 W. s..tarclAve. CO IOll~5533 Suburta Pim a: Ra:raliaa Dmrict 31 S. Univenily 8ml. ildelan, CO IO 121 ·2973 Subanlll Pim a: Ra:raliaa Dmrict 31 S. Univenily Blvd. CO IOl21 ·2973 .. \ • 0 'J2xl ----------------------.r-------------------~-------,,--- • • ,.. - 10 b iv BY AUTHORITY ORDINANCE NO. _ SERIES OF 1997 COUNCD.. BD..L NO . 39 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE 5, CHAPTEll SC, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 1985 WHICH PERTAINS TO POSSESSION OF INTOXICATING LIQUOR IN PUBLIC . WHEREAS, the City of Englewood generally prohibits consumption of alcohol in a public place aa that t.enn is defined in the Englewood Municipal Code; and WHEREAS, the Englewood Municipal Code waa amended in 1992 to provide an exemption to the general rule; and WHEREAS, the intent of the exemption waa to allow alcohol in public places when such an event goes through the formal procedure of obtaining a special events permit from the Englewood Liquor Licensing Authority; and WHEREAS, the provisions of the Liquor Code provide the Englewood Liquor Licensing Authority with powers and responsibilities to det.ermine security issues, need size of premises and other relevant iuues; and WHEREAS, the amendment propoaed provides the clarification required to allow consumption of alcohol for a special event with the protectiona aet forth in the Liquor Code provided to the Englewood Liquor Licensing Authority; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCD.. OF THE ~ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sa;tiop 1. The City Council of the City of Englewood, Colorado hereby approves amending Title 5, Chapt.er 3C, Section 3, of the Englewood Municipal Code 1985 to read as follows : 5-3C-3 : UNLAWFUL TO POSSESS OPEN CONTAINER OF INTOXICATING LIQUOR IN PUBLIC : A. It shall be unlawful for any person to have in his poll&NEOn or under his control in any public place any intolricating liquor in any container of any kind or description which is not sealed or on which the seal ia broken. 8 . It shall be unlawful for any penon to have in his poll&NEOD or Wider his control any intolricating liquor in any container of any kind or deacription, which is not sealed or on which the seal ia broken, in any vehicle in thoee areas acceuible to the driver and ~ of said vehicle when auch vehicle i1 in a public place. -1- ..... •· • ·--------~------------------- • ·, • '· This subsection shall apply to poaseuion of intoxicating liquor in a vehicle, in areaa of the vehicle accessible to the driver or pqsengers, when such vehicle in a public place. G. lil•empti•. 'Ale 18uel'8meaW • ..,. ewlliBr er eea•ell' I '8e premieee -, allaw the ,--,•• sf llleahelie he u eragee ea the paemiwa Nlljeell ill the pcu ·1i1a1 &flew . C . EXEMPl'ION: THE ENGLEWOOD LIQUOR LICENSING AUTHORITY MAY GRANT A SPECIAL EVENTS PERMIT UNDER nm PROCEDURES SET FORTH IN nm LIQUOR CODE . D . Dcftnitiom. For purposes orthia Section: CONTAINER PUBLIC PLACE SEAL Includea, but ia not limit.ed to any decanter, bottle, can, jar, thermos bottle or jug. Property either owned or controlled by a governmental entity, and aball include any place open to the pneral public, either free or by payment or an entrance fee, any sidewalk, etreet, alley, parking lot, park, poolroom, field houae, etadium or ball park. lncludea the regular and original tall eeal applied by order of tbe Unit.eel Stai. pernment over tbe cap or each and every container of intmicatm, beveraps. Introduced, read in full, and paaed Oil 6nt readiDf Oil the 5th day of May, 1997. Publiahed u a Bill ilr an OrclimDce on tbe 8th day ofllay, 1997. Read by title and paaed on tlnal .-dillf on tbe 19th day of May, 1997. Publiahed by title u Ordinance No._. Seriea of 1997, on the 22nd day ofllay, 1997. ATTEST : Tbomu J . Buru, llayar Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Eqlawood. Colando, hereby certify tbat the ab0¥c and........, ia a trua copy oftbl Ordinance puaed on tlnal reading and publiabed by title Cl OrdiDuce No. _. a.;. of 1997. -2- . ' .. • • 0 f 32xl • • •, • .. • COUNCIL COMMUNICATION Date Agenda Item Subject Cindermak Property May 19, 1997 11 a i Transfer Agreement Initiated By Staff Source City Manager Doug Clark, City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Goal: Economic Development Previous Action: On April 8, 1996, City Council adopted Resolution 42, Series of 1996, directing staff to pursue redevelopment of the Cinderella City site that would include, but not be limited to, 400,000 square feet of entertainment and retail development. On that same date, Resolution 43, Series of 1996, was adopted, supporting a light rail station at the redeveloped Cinderella City site . RECOMMENDED ACTION Staff seeks Council support for the attached bill for an ordinance approving an agreement with Cindermak, transferring the Cinderella City property to the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Several years ago, the City embarked on a campaign to ensure the redevelopment of declining Cinderella City site. The City held public forums to gather input from the community on the proposed redevelopment, and based on that input, chose a developer to begin redevelopment plans. During the last few years , negotiations have taken place with the current owners of the property for a transfer of ownership, which is of paramount importance in the redevelopment process. Once the transfer is complete, we can proceed to the next step, which is environmental clean-up of the site. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Proposed Agreement ' .. • 0 • • • I• • '· BY AUTHORITY ORDINANCE NO . _ COUNCIL BILL NO. 52 SEIIIFSOF1997 =~~ A BILL FOR AN ORDINANCE AUTHORIZING A PROPERTY TRANSFER AGREEMENT BETWEEN CINDERMAK ASSOCIATES AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Cindermak ia the owner of certain property which ia part of the Cinderella City Shopping Center; and WHEREAS, Cindermak desires to transfer and convey to the City of Englewood such property; and WHEREAS, the City agrees to accept title to the property after certain conditions are met; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Ses;tigp 1. The Property Transfer Agreement between Cindermak Associates and the City of Englewood with respect to the Cinderella City property ia attached beret.a u "Emibit A," ia hereby accepted and approved by the Englewood City Council. Sec;tjgp 2. The Mayor ia authorized to eucute and the City Clen to atteat and aeal the Agreement for and OD behalf of the City of Englewood, Colorado. Introduced, read in full, and pused OD fint rudinc OD the 19th day of May, 1997. Published u a Bill for an Ordinance OD the 22nd day of May, 1997. Thomu J. Burm, Mayor ATTEST : Loucrisbia A. Ellis, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoiq ia a true copy of a Bill for an Ordinance, introduced, read in full, and pused on first reading on the 19th day of May, 1997. Loucriabia A. Ellia -1- ...... .. •· 0 1 32xl • • 0 I• - MAY 15 '9 7 15:33 FR OM BERENBAUM-WEI NSHI E NK TO 97622408 P AG E .002 /031 PRQPEBD JRAN5fEB AGREEMENT THIS AGREEMENT dated May __, 1997, is between CIND£RMAK ~tES. ajoiat wnllft ("Ciodeauak"), and the CITY or ENGLEWOOD,. Home Rule Municipal Corporation ("City"). RECIT&l,S A. Cindcrmak owns certain laDd, improvements and tqible and iulaagible pcnona1 property, which is pat of tbe Cinderella City Shopping Center (tbe '"Shopping Center") locafed in tbe Cily off.aslewood, Counry of Arapahoe, S.. of Colorado, which is btber clB:n"bed and defined as tbe "Property" in Section 1 of this Agreemeut. B. Cindamak desires to transfer and City desires to receive tbe Property, upon tbe terms and provisions of this Agrmnmt. COVENANTS INCONSIDERATION oftbe foregoina and tbe m\llUal aammmta herein. tbe m:eipt and sufficiency of which is hereby acknowledged. the parties bemo ~ a follows: SECTION 1-l'ROPF.RTY TRANSFER 1.1 Immfll. Subject to tbe llmlS and coaditioas oftbis AprmcD1. Cindennak apecs to lnmfel' ..t CODWJY and City ...-S to accept title to die followina delcribed property (all of which is baciDafler collec:tiwly refeaed l'o u tbe "Propertyj: (a) Tbe laad delcnbed in EJlihit I.I A benlo toptber widl all ripll and all appurlllllDCel IO or ..S ill COIUii bOIJ dleftwidl (die "Lladj, isludial wi1boul limilllion, tbe folJowima. if aay, to 1111.-owaed by Cilldermlk: all---. oil..-..S ads bydlocabou ~ on and under tbe Laad, • wd1 • all developmat ripls, riabla of Cmennak • a Declaraal uader aay declanlioD, coveaaat or similar imtnaucm. air ripls, w-., ~ ripll and water srock relatiD& IO tbe Laad, my rip&s to my land lyiaa ill tbe bed of 1DY exilCial dedicad W. road or alley adjoiaiaa lbe Land aad to all llrips ..S ..-adjnini111 tbe Laml, aDd aay od8 1arnldlll, ripll-of-way or ........... .-a ill cDIIIIDdim wida 1111 bendcial we and enjoy.- of tbe Land; notwitbstaDdiDa aaytbiQ& herein, die Property does DDl include tbe laad delcribed ill E1bilzit I 1=8 baelo or any appurtm dlemo; (b) All improvemeau lccatcd oa, appurtenaDt to or Uled in coDDCCtion with tbe Land (tbl "ImproYmDellll"); (c) All t\imit1n, fixtlns . equipment. macbiaay, IOOII. supplies andocber taqible penoaal property and all lean oftqible pcnoml propcny, owmd by Ciadamalt ..S U.S ill CXIIIIIDCtion wi1b tbl OW!Blbip, mamrcemt or operllioa of lbe Land or tbe lmprovw .. I· -------------------------. • • • 0 I • • MA Y 15 •97 15:33 F ROM BERE NBA UM-WE INSHI E NK TO 97622408 PA GE.003 ,031 and Cindennlk's riaht, tide and interest in and to the trademark or tradename of"Cinderella City" and any odm trademark or lndename used by Cindamak in connection with the Land and the Improvements (the "Persoaal Pn>peny"); and ( d) All books, n:cords, fi les, repons. plaas IDll specificatiom and soil 1eslS mating to the Landor Improwmcnts, in the possession or Ulldcrthe CODIJ'Ol ofthc: Cindermak (the "Reponsj. 1.2 ~-Subject to the terms and conditions of this Agreemen in consideration of the transfer of the Property &o:n Cindenmk to City and the Environmeital Remediation to be canicd OUl by Cindermak, at the Closing City sball release Cindamak and ics parmer5 from tbeir obliptions under tbe Deed and Agreement, dated November 3, 1961 (the '"Parking Apemeat1, mxxded m April 14, 1969, as Reccplion No. 1138496 in Book 1807 • Page 713 of the records of the Clerk and Recorder of tbe Cowuy of Arapahoe, State of Colorado, as amended April l, 1913. Exccpc for claims raultina from claims by third parties or claims arisiDg under this Apeemmt which survive the Closing, at the Closina Cindennak and City sball simultaneously mcase each other from any other claims either pany (including any partners of Cindenmk) may now or berafter have apinst !he other, known or unknown. continpul or otberwiK. relatin& to the Property . City berd,y confirms its agreement to forbear from enforcing the Parkin& Asreemeat a Sit forth in City's letter I greemmt dated March 3, 1994 . SECOON 2-DOCUMENTS TO BE DELIVERED TO CITY 2.1 Dgc;ymcng JD be DFJimld K· Cjl)'.. Within wee (3) days after tbe Effective Date. CiDdermak sball dcliwr to City the foUowia& itans reJaain& to the Property: (a) A title imuraace con:lllitmmt ("CommillDCDtj issued by Cbicaa<> Tide ofColcndo, IDc., • 111111 ilr Chicap Tide lmuraac:c Company showing the Sl8lUI of m:ord tide to tbe Lmd and lmpio\"ellllllll, akq with lesib.e copies of a!l ra:orded documents refared to in the CunmilD.,,. 1hr Comminnene all CCIIIID"Jt to illllft tide to the Land iD tbe City in tbe 11DOU111 ofS6,000,000.00 uadcr an Owmr's Policy. "1. TA Form B 1992 with the creditor'1 rigbrs provisioa de1clld (die "Owas's Policy) wilb tbe Slandad prinled excepliom coauined iD such bm deletied, bowwYcr, tbe O.•,.mial .,,.. -1 Owns's Policy. when isud, may make rxc::f41Ciam &Ir any rights to ..ta mec:hamc's lim rau1tinc from the Eaviroamealal Pemedialioa to be pcrfolmod under Sectim 4.4 llld my oms~ daac or C011119'11d b by palia olber dim Ciadennek or its agents; and tbe excaptioa for tues lball be limited to aanat yea-1aes not due or payable. The exccplioas (olber Iba pniprinted exccptiom) shown m Scbedule 8-2 of the 0-,mitmffll, subject to approval punullil to Sectioa 5.l(a) benof, are refe.red to betow a the "Permined Eucpdom.R The pc1ies admowledgc that City, at its option and ::ost. may furnish the title imunacc company with a cuneat survey, and if City elects not to pro,•idc a survey, the CommitmcDl and Owner's Policy may abo include tbe primed exceptions relati.1& to maacrs wbicb an accurare survey would disclose or eaNIQCDIS or claims thaeof aot sbowu by tbe public records; bow9ver, if the City fumislm a NTIIII uvey and the survey diKkms .:Mnl IDlllillS which pndude 1bc title r.c,mpmy from dcletiDa aid printed survey 111d euemma ~ems or de1eciaa such exccpCioa bul llkia& "---.;z. I· C't • • MAY 15 ·9 7 15:3~ FR OM BE RE NBAUM -WE INSHl E NK TO 9 76224 08 PAG E .00 4 /0 3 1 exceplion to advme maltm shown on the survey, City shall ~ the right to object as provided in Section S.l(a). (b) A catificale of taxes due covering tbe Land, lmpoYemmls, and, if applicable, the Pmonal Property, prepared by the TteaSURrofthe County in which the Property is loc:a&ed. (c) All~ and plats of the Property in the possession or conlnll of Cindermak or its Jlll1DelS. City acknowled&cs it bas m:erved a copy of the survey pscpared by GiDaerY Associates. Jae.. last miscd received January 31, 1980. (d) Copia of such specJically identified Rcpons in tbe pounsioa or CODU'OI of Cindermalt or i1s partners which the City requests in writing and which relate to the redcwiopmall of the Pn,perty . (c) All asbestos and environmeDlal iepons mac::mrin1 tbe Property in tbe p1 1111 ion or COldn>l ofCindermak or its pa1Da$. ('.ily ICknowledps it has alrady received copies of tbe repons set fonb in Section 3 .2 (g). (f) Al-built pllas and speciftcatiam for the Property. limited to those relevant for tolll clmoJjtion aad specifically excludi.ig aay plans or apecific:lliom rdalina to ICIIIDt improVCIDClllS, in tbe poaessioa or COllll'Ol of Cindenmk or i1s par1mrs. Such plans and specifications sbaU be made available for impcct :oa by City or its aaem, at the Cilldermlk's .,.....,.,,. at6oe • tlla SbDppina Calll:r. City sbal1 haw tbe ripl ID obtain copies of such plans and specifica&iom • City's cost. City sbaU be giwn po• 111ioa of tbe oriainal of such plans and specificaiom at tbe time of Cloling. 2.2 Kmm Mn, nf Cindcclllt bli adYiled City tbll dll Propeny is bci111 ....apd by lnwo Complay, wbich is• affi1a of om of Ciadcnmk's pMDm, ICrava>, Ille. ("Kmcoj. Cirldllmlk bmby ....._ City ID com1•1iale dilecdy wilb lCmm to~ ay of die itanl lefmed to in Slcticlll 2.l(c) and (f) aad *-par1iom oftbe ltaparll rafmecl to in Section 2.l(d) mei,oined or in tbe p1111111m ofKravco. Pnmded K,avco fumisba to City a ....-y, .....ty !lllkfw:tioly to it. lbll Kmm bas deliwnd to City all oftbe itam rmmct to in SectioD 2.l(c), (d) ..t (I) wbicb n in its polMISioaor imdlr ila COllll'ol, die fail111e ofKlavco to filmilh such dlml in its po 11 · oa or IINldcr i1s car..llOl sbaU be a lllwb oflCmm's wan.-y bul sbaU DOC be deanld a violalioa or default by CiDdlnaak IDill' dlil Apecmeill. 3.1 I...., .. AI J1" Except for111c 1+ • Millal 11111 ~ ofCilldamak e,qnaly provided in this~ ..t lllbjlct to .. COWWIII. ......... aad indlmaiticl, if' my, ofCiadamak ill dlil Apa:alalt. City lball 11:Cepl die Propllty .. AS IS," .. WHERE IS ," ..t ·WITH ALL FAULTS" CONDffiON AND STAll: OF REPAllt. CITY DOES HEREBY -3- • ..... ' ti. . , • ; 1 H ti .... • . ... I· • • 0 I • - MA Y 15 '97 15:3 5 FR OM BERE NBR UM-WE INSH!ENK TO 97622J08 PAGE.005 /031 WAIVE, AND CINDERMAK DOES HEREBY DISCLAIM, ALL REPRESENI'A TIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, NATI.IRE, OR TYPE WHATSOEVER WI1H RESPECT TO lHE PROPERTY, INCLUDING, BY WAY OF DESCRIP110N BUT NOT LIMITATION, TiiOSE OF CONDmON, TENANTABILITY, HABITABILITY, SUITABIUlY AND FllNESS FOR A PARTICULAR PURPOSE OR USE . The provisions of this paragraph shall survive the closing . 3.2 Be Pltkmupd W,rrpptjp. Cindermak repracnts and warrants to City as of the dale of this Aarecmmt and as of the dak of the Closma IS follows, each of which shall survive tbe Closing• provided in Section IO except as otherwise expressly provided: (a) Slams and AntJgjty. Cindermak is duly organi2ed, validly existing and in good SlalldiD&-Cindamak bas full power to own its popcny and to carry on its business as now bc:iJ1a c:oadlicled Cindamak has the right, power, lepl capKity and authority to am into and perform its obliplicm under this Agreement and the documents to be executed and delivered pursuant hereto. The~ md delivery or this Agmmmt IIDd such documents have been duly llld validly authorized by all mcesaey action cu iu pan to make this AgRcment and such documents valid and binding upoo it md no further audiorizltion or CODSCDt is required by Cindermak to consummate the 1rlllsactiom coaremplallld uadc:r this Apement. Upon execution IDd delivery, this Apcment and such docummts will c:omtitutc Cindmnak's valid and binding obligations euformble in accordaDce with their terms, excepc to the mcnt limited by bmauptcy or imolvaicy laws, or laws affecting creditor's rislats gcncnlly. (b) Tuie to the Praecax. To the belt of CiDdcnmk's tmowledp, Ciodemwk Im good and mamtable tide to the Property, free and cJear of all monpps. Iieas, pledps or olla c:ncumbnlas. covemm and resttictioas, excepc for tllOle dilcloled in the CommilmCDL The wammies in this subparacraph (b) sball DOt survive the CloliD& except • provided in the Special Warranty Deed cleli'VCl'ed at Closina, (c) Ljabiljljg. Exa:pt for (i) maaers dilc1oted in the Commitmem. (ii) the Environmearal Rcmcdillion to be pea~ under Secball 4.4, (iii) lcata DOI yet lrmUllllled, and (iv) claims caused by City or its agents, there ia DO obliptioD or liability of my aalUl'e whatsoever, continpnl or odlerwile, which. IO~ best ofCindamalt's lcDowledae, is. or could become, a lien or Olber encumlnuce on the Land or lmpo,cmms nor bas Cindcrmak enpged iD my a:tion with respect to the Propeny wbidl could &ive rile to a lDllfaial claim apiml the Property All accOUllls payable, liabilities and obliptioos ir.cumd by Cindamak sball be paid in fwl by Cindamak prior to Ille ClosiD&, ID tbc C\'Clll lily loss 5lll1ained by the City ariaill& fiom a breach of the warraatiel Ulldcrtbis ~ ism:oYerab le mdertheOwlm"s Policy, the City's remedy for such breach followina the Closia& shall be limited to its m:o11r11 under the Owner's Policy . (d) i.-. Aa of the dalt hereof, there are DO 1-s. tcaaocic:s. licenses or righls or oc:cupmc:y or po · x afl'fflia& 1be Land lad lmpro\'aDIDtS ('"t..eaa.j excepc for 1be Leases with Colorado Nalioaal Baak ("CNB"), Mr•ntpmery Ward. R.emio, and Ltmcrafters. ID the efflll my loll lUltaiaed by the City arilina &.:,m a breada of the wmaDliel uadcr this sub- ... I· ~ (..;) N X - V' 0 • I-I I f r11r fl~lff! ~fl JI , 111: 1·i 1~11,-1-L, l· J I J I ~ ,rf. ·J 'JI . Ii ~1 l i [ ( $ ~jg fj :I: Js f p: I· ;l, ~ 1r ~ ~ ~ ~, ~r ' l 1 [f! ~ t~ I i; > fa -~ -~ ~~ ,,~ ,i .. R.o ~~ I ~. 9 ~ l"I • ~ f ; s -, r f l 1-l 1 .. ~, i·J,ilJ"" ~ •1 ~9 ' ! l i ~ l I f ·, f ~ i ! ,:' I? I ll i . j. 1"'· .-~ f I r ~ -1-1, ,,11, · la. '~. s ! k i i i ~i1~ ![n!tfj tli i I £ -i O ~ fl l tnff'l 11r I 9 1 ~ ~ r ~ 1.'1 iJ.,Ai1f ~~t 1 f I ~ ~ : tlJJ fa1f1~I fir , , . \ 3 D -.: <.II Ul ~J <.II w <.II .,, ;o 0 3 a, m ;o m z a, D C 3 I E m z (11 :I: m z r "' -< 0 Ul -.J (71 '" N '-<SI CD 1J D Gl m <SI <SI (71 ' ~ t I . . ~ , ,,, .. , r' • • 0 I • - MA Y I S ·97 15 :3 6 ~R OM BE RE NBAUM -WE INS HIEN K TO 97622408 P AG E .00 7 ,0 3 1 (h) No Prlinbs Subject to die Adjoinina Landownm' Agteeruem 111d the termination of 114'/ exilliDa Leases, to the best of Cindamalt' s know~. the comil'DIMli9ll of the hllllttiolll comemplalild by dm Aarecmmt will not iault in the lllllerial tn.:h of my of the tezms or pmvisiom o( or c:oditule a llllllCrial default uader any agreement or other illSlnllllml to wbic:h Cindmmk is a paty or by which it or any poltioD oftbe Land and lmprovanc:nts may be bound. (i) T ........ plTqdCDIPMlf TotbebellofCindamak's~ the marks aad names dacnl,ed on Exhjhjt l 2 m :ittacbed bereto is a true. complele aad accunte s:hedule of all lP'ele ks, 11WWWD'M!S and service marks used by Cindennlt in COIIIICttioD widl the Property, toacda witb a brief descriprioD of each. (j) Lia. Ex£:Cpt fur my work pafo.mtd by or on bebalf of City or its agenas. all lUIIII due for work tbal bis bem performed al Ciadennak's or Krnco's request in or on the Land and Jmpuvemaa and materiab fimilbi:d in COIIDICtioll tbcrewitb wbida mipl in any ciR:ummDce giw rile to a mechanic's or mataialr111D's lien either ba'WI been paid or, as to wodt pn9lldy in propaa. Cindamlk will pmapdy make paymem a payment becomes due. However, Cindmaak may in IIJOCI filida cadal the validity or IIIIOUllt of any lien iequired to be paid by it, and peodina such w CiDdemlak sball not be deemed in default bereuoder if it prompdy pays 111y &mou111 adj.tpd in a 6ml Older by a coun or arbitrator to be due, with all cosis ml imaest thereon. If 1111 City or ill....-or saccessor requira in coanection with the dcvclopneat of the Property a n:lcale of 1111 lien prior to the conclusion of such contest, within twairy (20) days followin& wriam n,quaa fiom the City. CiDdmnalt lball boDd ovcr such lien, or finish a title irmnnce policy or cadonrmmt imurUla apimt lllY loss relaliDa to such mecblnic's lien. SECDON 4---CINDUMAX'S OBLJGATIONS BEFORE CLOSING 4.1 I c-InzninMicm Cindamak sball llelmiw the 1eae wi1h Lcmcnttas u provided in SeclioD 5.3 (c). Cimknnlk sblll use ill bat efforts to J11101i* llfeemecdS with MOll1l(llDlrY WIiii 111d Ramo fur 1llrmilmioa of ai:h oftbeir leaa. eft'ectiw no ~ 1bm ten (10) clays prior to the ICblduled dae of emu • e Md .,f die~ Rcmcdillioa . The la'IIII of tbe termination ...-.neats sball be subject to City's prior written approval wbic:h sball not be lllll'CUOlllbly witblmd. 4.2 ImriPIPm or st,yjg; COl!JIWjtl. CiDdenalk shall. 11 its 10lc cost and expense. tamiDlle all caaa.u 11111 •-~ to the IIIIIIIICIDClll oplDlioa or mainteoamie of the Propaty ("Ssvicc CoalrlCt"). The eft'ecti'Wl dare oftfflniDIDOD for such Service Coan:ts shall be DO ~ elm the dae of Closina- 4.l Epgy AO Plppffly. City 111d City's ICl*CWDllli"Ya, .... C0111W111111 aad cksipca sbal1 ba¥C tbe ripl.,... ... times ID cam upoa die Plapeny, al City's OWD '°"' far "~--6- •. I· 0 • • 0 I • • MH r' l '5 '97 l '5: 36 F ROM 8EREt1BAUM-WE 1 NSH I EN K T O 97622408 • PAGE.008 /031 any puzposc in c:oDDCCtion with its pioposcd purehase, development or operation oftbe Property, including, without limitation. the right to make such illspectious, in,-esliptions 111d tests as City may elect to make or obrain; provided, however, any entry of City bercundcr shall be conducted in such a manner IS to rniuirnizc the inc:onvenieace causecl to any tenants. City shall promptly pay for all WOik and malcials used in coanectioD with or related to sucb inspections. investigations and tests and sbaU prornpdy discharge any mechanic's lien claims which may be asserted in connection wi1h such wodt or IDllerills. In additioa, City, at its sole cost and expense, may make such inquiries IS City deeml appropriB of Cindermak's consultants or contracton who have performed work with respect to tbe Propaty. Cindamlk agrees to make all boots, recants and files of Cindftmak reJatinc ID the Property available to City and City's attome:,'S, accoUDtaDts and otbcr aepeseulltives at any time during business hours upon reacmblc DOtic:e from City and, at City's sole cost and expense, to cause Cindermlk '1 comultaats and c:oatractors to fumish City with my information and copies of documeats rcuonably rcqueslld by City . City shall pay tbe cost of copying such inf'onnllion except for sucb infoaallioa ffllUiml to be fumisbl:d uoilcr Scdion 2.1. From and after tbe execution of this Agrermad, City and City's aepcesc:ulllives, agam. comullants and desilDffli, following not less tban five (S) days prior written notice to Cind!rmak, shall be emided to C01D11111Dicatc dim:dy with all tcDllltl IDd other penoas in coamcction with City's purdlae and development of the Property . City sball be responsible for any claims, demands or ICtiom made on Ciadamak and which amre to such inquiries or activities purs18lll to this Section 4.3, wbich aapomibilities sball survive the Closiaa. A1Jy damalaa im:llrred by Cindamlk 111 result of City's actions under this Seaion 4.3 111d not paid for by City shall be I defiult bcmmdcr. 4 .4 f.pyj1111"""' Bm:rdillila The p111ieuclmowtedp tml JIIICll' 10 tbe City's imeadcd .~.,._. oflbe Propaty, ocnain ~iroaalllllll mnedienon wa11t ~ Remediation") will be rcqaiml. im:!ndinl butaot limillcd ID l8IDOVal ofp11tar all oftlle-... llbams • rcfm9d to ill tbe Equillbie wilomnea:ul Repaa1I aad a "llo IC1ioD-1a:r &Im lbe SW of Colonldo with rapect to tbe ewdlminerion rcf-:md ID ill tbe Equitable Re et·•• Rq,ons ("Bradley Leak"). Ciadrnnek .... to~ sucb Eavirwal Ramdillion, • its mle C1011 and cxpema, subject 10 tbe following tams al colldi1ions : (a) The Ea-vin:a:uealal Raaedillioa oftbe llballls all be c l'IOKlld ill acccJldwe wi1b tpeQfic;alionl lllfflldlld by CiDdcnmk 11D i.r lbaa -(10) days foUowillS die mulllal cxeclllian of dllil Apemaa. wbich lplci6c:aciom lball be u,jlct ID,_. eaMc &plll'O\'ll by the City witbiD tm (10) days followiaa 1be dac cbey .. eabmiaed 10 tbe City . The appo¥ed specificaliona • baeia rd'tnd ID• the ("Spec:dit-llialllj. Ill the C\W die City lllll E.qai1lllle .. unable to apcc upon the Speci6catiom within tbaty (30) days foUowin& die awtull amllinn of tbis A.-, upon writla DIICice hn citber pllty, dlis ~ all ----tbe pll1ia sball be relealed from all funber oblipcion and lia,ility meter tbis Apeemeal. (b) The Ellvinlarnmlal RcmediMioa ofdle abalos sball be clone by tbe coanctor named al lmdcr the terms of tbe c:oalla:I submiald by Ciademllk DD Iller tblD tm (10) days foJJowina die illUIUal euculioa of dais Aammmt, wbida CXlllllal:t ..a CXIIIIIIIClur slllll be IUbject to ,--'* lpplOVII by 1be Ci1y witbin ten ( 10) days &,Jlowial tbe dlle Ibey 1R dmiacd to the City . In the 9venl tbe City al Equilllble • lable 10 ape upon lbl CGIIIIW 11111 C1C11111aCt .7 . I· • • • • 0 : .. • MA Y l 5 '9 7 l 5: 37 F ROM BE R E N B A U11-W E I NSH I E m TO 97622408 P HG E .009 /031 within thirty (30) days following the m\ltllll execution of this Agreement, upon writtai DOticc from either party, this Agreemenl sball tc:rminalc and the parties shall be released from all fui1ber obligation and liability under Ibis Apcmenl. (c) Tbe cost of tbe Environmental Remediation shall be paid for by Cindenmk. Cindmmk sbll1 cause lbe coatractor to 001D111111Ce the EnviromDental Rcmedialion of the ube510s within the later to occur of (i) thirty (30) days following the Effective: Date, or (ii) sumader by Ward's, Ramo 111d Lcmcnftcn of ·.beir ICIRd pranisa. 111d compl= such work within one buadrcd twaity ( 120) days following die commeacemem of the Environmcmal Remediation of tbe asbestos. 1n tbe neat cocnmencemad or completion of tbe Environmental Remedialioo oftbe asbestos is delayed for causes beyond the CODbol ofCindenmk or tbe City's actions under sublec:tion 4.4(e), such commence1t1ent or completion date may be extended for a period equal to the number of days caused by such delay. (d) Forpurpo1CS ofthis o\gn,emem, Ci) the Environmenral Remediation shall be deemed complctcd ll such time as Cindenoak bas ieceived written confirmation from tbe applicable Federal and/or State aovemmental aprcies, if and to the cxmit such agencies provide written confirmation, that the Environmental Remediation of the asbestos has been completed in aa:ordamic with the n,qwremems of applicable gov~ rules IDd rqulaliom, 111d CiDdamak IPd City ba-ve received cenificllion from ID CDVUODIDClllll aia:mecr mutually apmi upon and in a focm reuoaably acccpable to City and Cindamalt tbll the wad has been completed in accordance with the requirements of the contract for such work and the Specifiellions; 111d (ii) the Enviroamenral Remedilliaa with respect to the Br.iley Lcalt as be deemed compleled upoa receipt of the "no action" letter from the State ofCokndo iD tbrm wl .,....,.,_ 1911011ably Sllisfactory to the City. Ally COil im:uned 1D obcain such confirmllion wl c:crtific:ation sball be deaned a COit oflbe EnYiroammral Rrmediation for pwposcs of ScC1ion 9. (e) Al lbe oplion of tbe City, the City or MaaaliJc S1ala may -illlo • aaacrmcnr with the ame CC1111rac:10r used by Cindamalt to perfonn eaviroammral ranedialioa on the property ("Mercaalile Property1 which was formlrly opcmcd as a Jollim SlllR in die Sboppiaa Cader. Cmdennak sball llDI be a s-t)" to such comnct 111d sba1l baYc no liability or obligation under such c:onuac:t. 4.5 S15bsmnJfy pigpyppi Pefrm: If IDY material IDIIIU aft'ec1iaa tide, ownmbip, use or mjoymcnt of the Property ("Dcf..:aj sball arile or be dilCovaed by City which ii not xt out in the Commitmma. or is not clixloa! iD lbe llllllrials ftll1lisbed to City uader Sec:tiaa 2.1, City sball bave the rigbl to object 1D sucb Defect by the delivay to Cindenmk of DDticc of such Defect within ten (10) days after City diJClovc:rs such Dcfec1 providld tblt, if such Def9Ct is discovered within ten (10) days prior to the Closina Dale, die Closing shall be extended for such period u may be necessary to give effect to the provisions of this Section 4 .5. If City docs not so object within such period. City sball be dcamd to bavc acccpled such Dcfm. Upon rcccipl of nocicc of City's~ 1D 1117 suc:b Defect. Ciadcrmlk sblll have lbe ript, but not the oblipcioa, to cure such Der.ct 1D tbe lltisfactiocl of City and ·.he Title Company for a period of leD ( 10) days hm the a of suc:b Dlllic:e, or if IUCh an can not be comp!...., within l O days, to ac..,mea~ sucb ·•- .. I· 0 • ---------------.:---,,----------------------------- 0 I • • ... MAY 1 5 '97 1 5 :3 8 F ROM BEPENBA UM-WE INS N !E NK TO 9 7 6 22 ~08 PAG E.010 /03 1 cure within 10 days and tbelafter diligcmly puisue the same to compleuon, which cure in all evmu shall be QOIDplelai within 45 days. If such C\R pcri:xl extends beyond the Closillg Dale, tbe Closing Date sbal1 be eX1lllded to tbree (3) days after tbe cxmtion of such cure period . If Cindamak cures City's objcdioa to the satisfaction of City within such cure period, then tbe ClosiDg sball occur on the oripial or pOStpOllfJd dare of the Closing but otherwise upon tbe tams and provisions coataiaed bcmn. lfCindamak las DDt and such Defect to the Sllis&crion of City, City shall ei1bcr (a) dose on such origiml or posq,cdd dlle (ml City shall thereby be deemed to haw wai'Vlld such objcc:lion) or (b) tcnninale dais Apcmml by aivilll writtn notice ID Cindennak before such oriainal or postponed date aad tbe panics sball be released ft.lfll all f'urtbcr obligation and liability except as otberwile bemn provided . If, in Cindenmk's lltempt to cure a Defect. City diKlovm odm Det=s, such additional Defects sball be subject to tbe procedure set forth above. The date of Closing shall not be extcoded under dais Section 4.S for~ tball sixty (60) days while CiDdermalt is attempting to ewe such additional dc£m. If Closina cannot occur witbin said sixty (60) days and the parties do not agree in writing to extll!nd tbe Closing funher , City sball make ID eleclioa Wider Sections (a) or (b) above. SECTION S-CONDffiONS PRECEDENT TO CITY'S AND CINDERMAK'S PERFORMANCE S.1 CQpdjtj,nn Pn:m1mJ JO Cjty ' s Pcrf9ffllllR. The obligation of City to accept transfer of the Property and consurnrnate tbe transactions contempialcd hcmmder is subject to the satisfaction of the followiua conditions precedent on or befon: tbe time set forth below . The conditioas set fiJnb in this Section 5.1 an: for tbe 10le bmcfit oftbe City . If any condition is aot so Slllilficd, tbe c:aadi1ioa may be Wli'Vlld by City in wntina or City may taminale du Apemmll in wmcb N:Dttbe im1ies will be n:laml from all funhcr obtiprioa IDd liability under this Apeanall except• ocbawile herein psovided. In tbe event City f.lils to pw wriam DDCM:c of objec:lioa within tbe time set fonb below, City shall be deaned to have waid my objediOG to such itan . If IDY condition is not so lllisfied, ar the option of Cindcrmlk aad with 1bc comeat of lbc City, which coasaat sball not unreasonably be wicbbeld, Cindcrmalt can aaree to indcmDify tbe City and its successors 111d mip, in form 11111 sub-.:e ieeonably ptiq tory to tile City, flam my loa, damlae, COIi. or liability wballona-ll'ising witb rcspect to sucb condition not so Slllilficd, and in such ewat, tbe condition sbal1 be deemed Sllisfied (a) Tade Brncw -If City reaombly daermines 1bat my maaer rdlectal in tbe Commi1lnenl or my ~ of 1be Propeny, or any other malter affectina or rdaled to tide to tile Property will impair or Ullllrfac widl City's ~nelopmmt of the Property, tbeD City all be entitled to object to my such tide maaer by pn,vidina wriam aocice tbeleofto Cindamak on or before ten (10) days afta-receipC of the Commilmeat. If City provides such writllll DOlicc of objection, Cindennak sball haw tbe riaht bul not lhc obliplioa to haw fifteen (IS) days, °' such lonpr period of time II may be l8lecd upon by Cin,:iermak 111d 1be City (''Cwe Periodj, from tbe dale ofreceipc of such notice of Purcbascr's objectioa to clft City's objection. includiaa, without limitalion, clllliD& 1be tide compmy to imurc apimt Joa or daml,ac resultina &om such objection. If~. the Closina lball be polCpODCd for 1bo9I! maber of days n,quin,d uadcr Ibis_._ ilr -9- I· 0 • ·c------:---------------------- 0 I• • MA Y 15 '97 15:39 F R0 11 B E RE nBiC.UM -WEJ NSHI E NI<. T O 97622.JOS PRG E.0 1 J /03 1 Cindmnak to CIR the objection, but in no evml shall the Closing be poslpODed IDlft dm sixty (60) days. If Cindennak fails to baw: such objection raocdicd or fails to haw: it n:medicd to City's ,arisfw:tjgg wilbin the CIR Period. City shall dcd. wi1biD tine (3) days. citbrr: (i) ID 1mDm* tbis Apccmmt by providina wri11a1 ~ lbmof 10 Cindamlk. ill wbich neat the sm1ics shall be reJicwd of all filr1ba' ohliptioa aad liability baeurdcr except a odlllrwile haeia fll'Ovided. or (ii) to accept title IUbject to the objection, in wbicb e\'1111 City sball be demled to haw appowd the Cc i!n..,., 1be ~ ml tbe Pemiiaed Excq,1iom . If Cily does IIOC llllb llid dec:lioG wi1bin said tbsa (3) days, it shall be deemed to have elc:c:1ed OpciaD (ii). If tbe City objCC1S to a lien Jecllria& •-laimblc llllOUlll of money. Cindmmk all lllYC lbe opCioa of obmnin1 a rdasc of such lien• die dme of Closiog in lieu of any otber an of IUda objeclioa. (b) Scryjc;e Contracts . CiDdermlk sball have. on or prior to Closing, terrninwd all Service CGDlraCtS at Cindmmk's IOl-e COil and expeme . Upon written request of the City, Cindamak shall fumish to lbe City sarisfacflcy evidwe of such termination (c) fn:iti11111cnsel Pnnatiedm Cimlamat shall t.vc completed <• such tam is defined in Section 4 .4(d)) the EnvinlmPeala1 Remedilrion., and within the time required under Section 4.4(c). (d) A&swwix of Bsmcomioo11o4 Wamntic:;s QfCjndpmfk . On the date of this AazmDml and as of tbe Closina Dare. all 1qaeseurauom and warraalies in this Apemmt by Cinclermak sball be lrUC in all awenal rapcc:11 a tbouab made at 1bat lime. At the Closing. Cindlnmk shall certify u, City dl&I u c,f the Clolina Date all the 1qaCICillllliom aad watamies of Cindennllt c:oalllisd in this Agreement are ttw in all material respecta. ID tbe ewnt any CWllll OQ;U1S &am the eta of tbis Ap...-ID tbe date of Closin& wbicb cames Cindamak' s wannty oraqaew IMim1Dmlcmaerbe1rue ora~ in Ill)' mmrial iapcct. tluvup DO fault of Ci.ndllmlk. CiDdeamak sball promptly notify the City. wbicb notice sba1l include 1be details rqardiq in what respect a specific wanaty or repraealllioD is DD lmpr ttue or IICall'llc. lbe City all tlma baw lbe optioa. by wriarm DDlice to Ciadlanlk widlin tine (3) days. of (i) waiWfl such man.. (ii) tlrlllilllliae tbis Apemmt, in wbicb ~ tbe pa1ics will be rc--1 from all funbcr obliplion and liability under tbis Aammcm m:cpt a odlcrwilc bmiD JIIVYidcd. or (ill) requiring Ciadmalk ID nmedy such lllllla', if the cost to do IC>. wbm added ID the nti..,..,., COit of the Envimomen1al Rrmcdiltion. does DOt exc:ced Sl.S00.000. ID lbe eYllll any wm.-y or rq,raentaboD by Cindamalt is not tnac or acanlC in my ~ rapec1. either • tbe lime of execution of tbis Aa,eemcmt or at any time tbenafts, Cindlnnak -11 i.ve rbe option, with die Comml oftbe City, wbicb comeal lhall D11t 111111110lllbly be wilbbcld. ID iDllmmify tbc City and ill SIIClCCIICn 111d mips. in bm IDd --t-e IC:IIOlllbly Widic:1ioay 10 tbc City, from Iii)' loss, damage, cost, or liabllty wballoner Irising wttb 1\.-sped ID such wammy or awp w ••im (e) Pmmliense with Ct.•YIDIPU . Ciadennalt lbalJ bave c:maplied with all the•™ and W.IIIIIID let bda iD Ibis A...-. in all .-rial rapec1a. S.2 (oeditifm Pm MC•S JR CiDC8nmek's Pmf9DPIP&I 1hr ohliprioo of Cindermak to lrW&r tbe Prapeaty and COi11Uii1ii1* 1he tnnw.tionl COi!feillpleeed baeuadlr is ·10- •. I· 0 • 0 , • • M,AY IS '9 7 1 S: 39 F ROM BERErlBA U -WE l llSH I E NV. TO 97622-,08 • PAGE.012 ,031 subject to the satisfaction of tbe foll~"iDg coodl1iom 1.1eccdeat OD or betbR tbe time set for1h below . The coaditioos set forth in this Sa:tioa S.2 arc for tbe sole beDefit of CilJclennlk If any condition is not so satisfied, tbe c:ondi1ion may be wai~ by Cindmualt iD wri1iq or Cindermak may termimre tbi.s Agreemml iD which na11 tbe panm-will be leleased from all furtmr obliption and liability under this AgNCIDCDl c:xccp1 • odiawile haan plO\'idecl. Ill tbe event Cindamllc fails to give writteD DOlice of objcc1ion wilbin tbr time• t"Ol1b below, CiDdermak sball be deemed to have waived my objc:ctioo to 5Ul;b item. (a) Aq;ygeygfRcp • nMWermttiaofCicy. On the dale of this Agrecmcnl and• oftbe Cosma 0., ail l'epft"Nalllicllll 111d wia in this Agreement by City shall be true in all 11111.-ial respects u tbou@h made • 111at time. At tbe Closing, City shall certify to Cindermalt that as of the Cl05ing 0.. all the 1epce•1111ions and wamnlies of City contained in this Ap,emml in true in all lllllaill respects. Ill the event any event occurs &om tbe dale oftbi.s Agm:meal to the dare ofClosiag wbid1 causes 1bc City's Wamaly or ~on to DO longer be taue or accuntc in IIIY malaial respect, lhroup DO fault of tbe City. the City sblll promptly IIOlify Cindamak, which notice shall include tbe delails repnting in whal respect a specific WlffllDt)' or aep.eseutation is no longer tnae or acant.e. Cindcnlllk sblll lben have the option. by wriaen notice 1D 1bc City wi1bin lbrcc (3) days. of (i) waiviaa such maaer, (ii) tamioltjag this Apemenl, in which C'vaal the panics will be rdcaed from all b1ber obliptioo and liability under tbi.s Agreement except IS otherwise Ila= provided, or (iii) n,quirina the City to remedy such matter, if such matter can be aemedied. (b) Comrlil'R wilh Cpygppp Cily sblll haw complied wilh all the IIJc:ancnll and COVCDIIIIS ICt fonh iD !bis Apeaneal in all mlllerial rapeclS. S.3 Qmctitims Pcll'l'III IP MJl1PI PcrfAto c The obliptioD of bolh Ciadermak ud the City to c:omplctc the lnlllCcr of1bc Propaty 111d....,..,.,.,., tbe lrP!PrtiOIII w.11rmplased bcmmdcr is subject to the slfisfw lion oftbe IIUowiag .witioael conditions pi...._. on or babe the time• forth beJaw. The cmdilioas • b1b ill du SCCliaa S.3 are for the mulUll bemtit ofbolh Ciadamalt lllll 1bc City. If lllY co:Jdiliaa ii DIil 10 ...tied. aalas such QOlldilion is wai"ved in wrililll by bodl paties. Ibis Aas-mil ......... wriam IIOlice from eidm pany to the Olla, wlmeupoa the panics will be rdewd from all fur1bcr oblpiom 111d liability under this Ap,emall except IS Oblwile provided ...... (a) ImniDPim pf W..d's J cw This Acmm= lball be conri"ICIII upon Cindamak, wi1bin fany-&Ye {4S) days followias 1bc ElllcliYe 0. oftbis Apeemenl. or die date scheduled for ex, ,..,. ......,, ofE&l¥iroammlii R....,illtion, wbidlcwr occurs finl, entaias into • apwnlllt ("Ward·s Coalnctj with Moniaomay WIid for tbe tamimliola of ill lwe ('"Wald's Lcaa:j. The Wad's CW sblll pn,vide lbll Wini's sblll ......_. poueaioa oftbe prcmixs ao Jmr1blluiaty (60) days foUowiag ~ Etrecti-ve Date ofdlis Apeanmt. The w..s·s Connet shall be IUbjec:t to tbe City•s naoublc ;q,proval. (b) Im;miMi111 eCBcow ·-· This~ sblll be ooa1inpM upon Ciadamlk, wilbia bty-five (45) days followiaa die Effec:tiw 0.. oftbis ~ or 1bc kOlooaaXKaJDUIINIIIN•allGIN.CU,la. ... WIO'II_NO __ l'ftWUG7 ·11· •. I· • • - MAY 15 '97 15:40 F ROM BE RE NBAUM-W E INSH!ENK TO 97 6 22 4 08 elate schr:duled for commencement of Euviromnental Remediatian, wbicbcver occurs tint, entering into 111 agn,emem (Rmmo Coauact) with Renzio for the tamimtioa of its lase. The Rcmio Contract sbllJ provide tbat Renzio sbllJ Slllfflldcr possasion of tbc premises DD laler than sixty (60) days followiug the Effectiw Dare of this Agreement The Ramo COlllraCt sball be subject to the City's -aabk approval. (c) IcnniDIPOD oft CPl'21ftn: 1 nr CiDdmmlt bis advised the City lbal it bis &iwn Lcmcnfter IIDlicc of taminarioa of its maatb-to-moatb lease. CiDdamllt a,l'CCS to use its best effims. includiaa the coinrnrntement of a forcible ealry aad detainer action if my, to llllnDinate die Lemaafters lease. Tilis Agaeemem is c:oatiup:at 11pOD Lemaafla sunmdeliJII J1C1111 nion of its leucs premises no laler lban sixty (60) days followiQa the Effective Dale of this ApameaJt. SECTION 6--REPRESENTATIONS AND WARRANTIES OF CITY City repraems and wmams to Cindermak a of the date of this Apeemml aad as of the date of lbe Closia& IS folloWI. each of which sball lllrviw lbe 005U11 a provided in SectioD 1 o except as otherwise eiq,rasiy provided: 6.1 S!JJJII ancl Au&bo,wc . City is a Home Rule Muaicipal Coq,aazion, duly orpamd. validly c:xis1iaa aad ill good 5laading. It ta lbe ripl, pows. lcpl ClplCity aad audaity to Clller ialD 111111 perfama its oNiplicias under Ibis Agrermcat and lbe daaN -to be exeaad and cldiw:red punumt bllelo. The exfflllion aad dcliwry oftbis ApeaDCIII and such doc•....,,., haYe bcal duly aad validly IUlbDri2lld by all nece:say act.Oil Oil its pat to IIIIU Ibis~ al Sida documents valid and biadiDa upoa it Upoa cucutioa aad deliYCrY, tbis Apwmeal and such donlDCDII will CXllllrilllle City's valid 111d biDdq ooliprions adialaable ill ICCOidw:e wilh their terms, ~ to lbe cXlml limillDd by badlruplcy oc illlolwacy laws. or laws lfl'ectma Cffditor's riptl gmaally. 6.2 Ljrjptjgg To tbc best oftbc City's lmowleclp, ~ is ao action, suit or procealiD& pmdina ar da«*med apiml tbc Pn,peny or 1be City wida respect to iu illll:raCs in, or its activities with respect to, the Land and 1mprovaneats. 6 .J No Pcflylg. The OODP•rnrnelion orlbe lrMSICtiom COlllaDplared by this Apeemem will DOC rauh ill lbe breach of any of the tams or provisions or, or comtitute a lDIMrial default under Ill)' .........-or other iDmument to which City is a party or by wbicb it may be bound. or UDdcr my statutc, onlinaDce, raolution, na1e or regulaaoo by wbicb City may be bound. SECTION 7-TBE CLOSING 7.1 De CkwAI The Cloliaa lhall take place It 10:00 Lm. local time • the offices of lbe City Af1Dff¥fY. City of Eapwood, • EnaJewood. Colcado, or sucb ocher locarioD in ·12 · I· 0 • • 0 I• • MAY 15 '9 7 15:41 FR OM BE RE NBAUM-WEI NSHIE NK TO 97 6 22 408 PAGE .014 /0 3 1 the metropolitlo area of Denver, Colorado as the City may designate, on tbe tenth (10th) day after rompldioa (• ddimd in Section 4.4(d)] oftbe Environmental Remediation (the "Closing Dale;. 7.2 AanPYII of ClsniPB Pora•mmrs. Within tbiny (30) days fi>llowmg tbe Ef1Dcii¥C o. of diis Aplmml, die pm1iel sba1l agRC upon the fODD of 1bt followina donunam to be dcliftml III Closing: (a) The deed to be delivered pursuant to SectioD 7 .J(a). (b) The bill of sale to be ddivcml pursuant to Section 7.3(d). (c) Affidavit to be delivered pursuant to Section 7.J(f). (d) Non-foraan person catific:ale to be delivered pursuant to Section 7 .3(g). (e) Resollllioas to be delivered pursullll to Section 7.3(h). (f) Coumel's opiaioo w be delivered punulDl to Section 7.J(i). (g) Releaes to be delivered pumaat to Sectioo 7 .J(k) md 7 .4(1). (h) Nr/ odacr document requiJed to be delivered bcmmder. 7 .3 OHiP!in qf'Cmder:wk c •'.Je5iar At tbe C1asiac. Cindmnak 1b111 deliver the followina W111........a..SdDcumcms: (a) Cindmnek sblll llllft:IIIC. ba¥C admowteclied and cleliwr to City a spei:ial wm1111y ... caaw,ma tide'° Cd)' '° • Land an1111111mpo......., 1Ubjec:& oa1y '° 111e Pmniald Pxeepcioas al tbe ......-Se11cetJbaD '° 1111 Ccimmi..,.. nat dei.d pllllUllll to Ibis Aglecmenl.. (b) Ciudermak sblll C1U1C to be deliwnd to City either (i) a c:mmt AL TA Extended Owmr's Policy of tide imunace OD die Proplny to be iuued pursuma to die Coauoih'omt dcmmd to City• required by Ibis Apanm lllowia&• lien, cnmnlnnce or Dibs restriction odicr tbaD die Permitted E.ueplioas m1 pre-piDlld exceptiou not deleted punuanl to Ibis Ap,rmml. or (ii) m uaqialified wriam oommi...,,,,. from die T ltle Company to deliver such policy of tide illlunal:c prompdy following die CIQIUII. (c) Cindamalt sball C'MCUIC lad deliYCr to City a certi1kation tbll all Lcacslllll Sena Coaaam ba¥e ti.a.,.,;....,. :llClpt 1111 ailtial lalC with Colorado NIDoall Ba of tbe cleCached buiJdms loc:ad .,._ ID Hampdm A'VCIIIIC .. N:~:wa•H-JAAn...M..AQ -13 - ..... •. .. I· 0 • .--------------------------- • MAY 15 '97 15: J 1 FROM BE RE N B AUl1-W E I tlSH I Et l K TO 97622 J 08 FAG E .015 /0 3 1 (d) Cindcrmak shall eiteL-ute, haw: acknowledpd and deliver to City a bill of sale~ to City all of Cindermak's right. title md intaat in IDd to the Pasoaal Propaty without wammies. (e) Ciudermak shall deliver, or C&111C to be deliw:red, to City all doc:umeats required to be delivered on the Closing DIie under SeclioD S. (t) Cindermak shall execute, have ackDowlcdged and deliver to City a c:atifiQle that all ,epn:a:utationa and warranties as coatained in this Agreement are uue , accurate IDd complete iD all lllldaial rapects as oftbe Closing Date; except with respect to Defecls a set forth in Section 4 .5 111d exc:eptiom pcimitted Wider S.l(d). (g) Cindcnlllk shall execute IDd deliver to City a cenificllion cxecuaed by Cindenmk that Cindennak is not a "foreign person~ in acc:ordance with and/or for the purpose oftheprovisioasofSectiom 7701 and 144S (• ma:; be amended) of the lataml Reveaue Code of 1954, as amended, 111d any regulations promulplld tbereuDdcr. as "Mil as any similar certification required by the laws of the Slate in which the Property is IOClled. (h) Cindcnnalt shall dcli·m-to Caty a Cfflified copy of a .aolution of the Cindmmk IUlboriziDg the coasurnmation of the transactiom contcmplaled under this Agn:emmt and c:onfirmina the autbority of tbe persoas executiD& die doc:umeals to be delivered under this Section 7 .3 to do so on behalf of the Cindermak. (i) Cindamak shall deliver aa opinion of its counsel that Ciodamak is duly mpniml, validly exisang. and if applicable, in good ltaadiDl, bas tbc aulhority to mter ialo this Apeement and to cnmnrnmatc the transleti·:>115 aimemplared hereunder, that the penons exmoma Oil behalf of the Cindmmk mis Apeeme:,t 11111 tbe doc:urnam to be delivered under this Section 7.3 baft 111111 duly aulborizled to do so, It.at Cimlamek bas oblained all oftbe COllllDIS iequired 10 cuc:1ilC 1bia ~ 111d ClODIUIIIIDII•? tbe 1nillKliom c:omemplalled hcmmdcr, and that this~ 11111 tbc donllDCl!IS deliwnd -.'CUDdcr • lepl, valid and binding obliptiom of Cindermak and mfDnleable acconliaa to their terms, except to the extent limited by bankruptcy or insolvency laws. or laws affec:ting aeditor's ri&bls pnaally. (j) Subject to tbc tams ->ftbis Apeemcut. Cindermak shall deliver, or use ill best effons to c:mm to be delivaed. such Olber imll'llmenls and doniiDCllll II may be reaon- ably rcquinld by City or tbc Tide Co111p111y to transfer tide ro tbe Property to City in tbe condilioa bereiD comrmpleed, iDc:l\ldiua. wilbaul limitation, t. rnec:bmic: 's lim affidavit or such odier similar iadcmnity and affidavit 111ecment rrmmbly aecasary to Sllisty die rcq\lUallCDIS Ill fOl1b iD tbc Commitmcnl to CIIIIC tbc Title COlllpllly to delctr the PftPl1llled exceptioas. (It) Cindamalt llbalJ execute and deliver • qNlilllilt for tbe ~lCIIIC of City u provided iD Smion l.2. -14- I· 0 -----------------------..------------------------------- • 0 • • MAY 15 '9 7 15 :42 F ROM BE RENBAUM -WEI NS HIE NK TO 9 7622 4 08 (I) Cindcrmak shall deliver the funds for Cindermak's Contribution, if applicable, IS provided in Seaioa 9 . 7.4 Obliptiqns pf Cjty II Closig. At tbe Closiaa, City shall deliver the followiD& illltnlmmlS 111d documents: (a) City sball execute and deliver III apecment for the release of Cindermak a provided iD Scclion 1.2. · (b) City sball pay any closing costs and adjustments as provided in Section 7.S. (c) City shall deliver cmified copies of tbe Ordinances of the City of Englewood approvina this Agrccmcnl, tbe lrlllSaetiD111 collllCmplated hereunder and aulhorimlg the execution 111d delivay oftbe doc:umcnts to be delivered under this Section 7.4 . (d) City lball delivcr 111 opinion ofits indepe,deat counsel that City is a Home Rme Municipal Corpmllion, cluly orpaiud, and validly exisang, bas the authority to am inio dais Aareem= aad to toDPPDJDllr the lraDSactioas coatanplmd hereunder, that the pmom execuling on bebalf oftbe City tbis Aar=nmt and !be documeall to be delMl'Cd under Ibis Section 7.4 bl\'e been duly llltboriad to do so, tblt City his obcaimd all oftbe c:onscm RqUiml to execute tbia Agn,emmt ml c;c,m,...,...., tbe nma:tiODs auempllfed bemmdcr, and that this ApemcDt and the documcma delivered baeunder ~ lepl. valid and biDdiag oblipliom of City and mfon:able accon:lill& to their 1mm, except to tbe eldml limited by baalauptcy or insolvmcy laws, or laws lfm:ting creditor's rigbls paenlly. (e) Subject to the tams oftbia Apmlmt. City shill deliver, or u. its' best effo11s to came to be deliwred, such odlcr inslrummll llld documeall • may be rasonably required by Ciodcrmak or the Title Company to <'ODPmvnem die tl'PDIICdoas n:fenmced in this Apcemcnt. (0 City sball deliver the funds for City's Contribution, if applicable. a provided in Seclion 9 . 7 .S CIQSina Cpsg. Closing cos1s and adjustmcala shall be allocaled, subject to the provisions of Section 9, u follows : (a) emia. Ciadenlllk sba1l pay the cost of the Owner's Policy to be provided pursumt to lbc tams of this Apeement mi all ale, 111e or excise taxes, if my, due upon the trmsfer of the Pcnoaal Prvpaty. City and Ci11dalllllr. lball each pay such additioaal clolin& costs u are paid by such party accordma to the CUltOlll and practice for the purdmc and sale of COIIIIIIClml property in Eapwood, Colorado. City and CiDdlrmalt sball eacll pay one-balf (~) of the cost of any -=row or closins fees cbated by tlll Title Company . -IS- I· 0 -------------------------. • 0 I • • MA Y 15 ·97 15:~2 F ROM BE RE NBAUM-W E INS H I ENK TO 9 7 622 4 08 P AG E .017 ,0 31 (b) MiYS!rncDU , All items subject to proration under this Apement shall be paid or shall be prorated as of the day of Closiq. Any apportiomnenrs which arc DOI cxprasly provided for below shall be made in ac:curdlace with CUSIOmll'Y practice in Euglewood, Colorado for c:ommacia1 properties. All apportioameals sball be deaned to be 6ml. except• otberwile plOYidcd in Section 7.S(bXii). To the meat COIIS are DOt IQIOlllbly ac:ertaimblc. such adjllllmeall shall reacmbly be estimmd by Cilldc..-mlk aad City in pd faitlL AU apportioammls shall be paid in cab al the time of Closin& by City or Cindermlk, as the case may be. (i) Bmlll,a. Any remals atauecl and unpaid IIDdcr leases oftbc Ptoperty in effm prior to the Closina, wbelber paid before or ak Closina, sball be the property of Cindenmk, free of claim by the City. Ciudcrmalt shall be responsible for any obligation to tcmnts reprdiaa mum of security deposiu, to the extent such deposits bave been actually received by Cindermak and not previously applied. (ii) :rm.,. All gcmnI real eswe aad pmoaal property taxes for the Property (the "Taxes'') for the calendar years prior to the calencllr year in which the Closing occurs sball be paid by Cindenmk. Cindmmk shall pay in full any special •• N,.mts (whether then due or payable) for all improvemems installed or laYices rmlcnd on or prior to the dale of Closing. AU Taxa for the c:alcndar year in which the Closing occurs sball be prvntcd baed Oil the actual Tua, but if such aclUl1 Taxa haw not been ddermimd by lbe Closing 0.. the Taxes sball be prorated based oa ID e,ri,n,W amount of the Taxes defermined by the most recent levy 111d as..essuleil\ infoamtioa available. Upon fiaal delamimtion of the actual Taxes, the prorllioa ~ Cindamlk 111d City shall be finally adjuated bued on the actual Taxes. NotWitbstaadiD& the faNaoilll, Cindlnmk baeby ~ the rigla t-:> coatat pacnl real property taus md lpCCial usessmcnts for 1be period prior to 1be Closina Dale, al Cindamlk's tole COil and cxpc:me. City had,y camem ID CiadenDlk coamlin& such 11x.es A:11.y reductioa of taxes or apec:ial 11 can obcaincd by Cindennek in any such CGDtest all be Jona to aad be payable to Cindamak 111d City bacby waiva my claim tbcrclo. (ill) Qlrmine Casg. All Ulility service cbaaes fur elec:lmty, - and air coadilioaina ..ervice, otbcr lllililies. elevator mainlmmce. common area mainteDIDce. iaes (other than real esta taxes aad pcnoaal property taxes). other expenses incurred in operatia& 1be Property that Cindamlk cuszomaily pays. aad any otbcr costs incurred in the onlinary coune of business or the maapmau and opa'llion of the l'roperty sball be prorated on an acaual basis. Ciadamak sball pay Ill such expalln lbat accrue prior to the Closina Dale aad City sbl1I pay all such expclllCI ICl:l'lliD& oa die CJolia& 111d tberafta ·. Ciadarnak and City shall obaan billiDp IDd me1er niadinp as oftbe Clmia& Dale to aid in such prorllioas. (iv) ~-Allcapilalllllladmimprovanms(mcludiDgllbor 11111 malerials) wbich are peafu1med or coauacled filr by Cindenult prior to 1be C1osina Date will be paid by Ciadcnnak. without coatribution or pnntioa from City, and Ciadamlk hCRby indannifies md holds City md tbe Pn,paty blnnJcu from any claims iespec;1iDc w. Cindamlk sbaU pay all llll.)UD1S dUI IIDdcr dx Service Contrai:ts prior to the Closina . -16- J I· 0 ----------------------.r------------------------~-----. • 0 : • • MAY 15 '97 l~:J3 FR OM BERE NBAUM-WEI NSH!ENK TO 9 7 622408 PAGE.018 /031 SECTION I-DEFAULT AND TERMINATION 8.1 Time of Essence. Time is dthe essence of the obligations of the parties . 8.2 I jmjt og Pern•vs No party shall recover against the other any monetary damaps resultiJla from a breach of a warnnty, representation, indemnilicalion or default unless the agrepte damages sustained by such party exceed the sum oUS0,000.00, and then the amount of recovery shall not include the first 550,000.00 SUSlaiDed. No party sball recover consequmial damages. The limi1alion of this Section 8.2 shall not apply lo any damages due under Section 8.3(iii) or 8.4(iii). 8.3 Cjty QcfiwJt. Subject to the limitatiooofSection 8-2, if City shall default in perfonniua its obbplioas bereunder, lbm Cindamak may elect lo exercise the followia& remedies, either concurrently or succcssivdy: (i) Cindcrmak !ball be cmitlcd to 1mDinate this Ap,:ement; (ii) Cindamalt my recover all damages from the City ~ting &om the City's ddault (including, without limilatioa. aatomcy's fees and costs) (iii) if any default by City causes any delay in the Closin& Date, Cindennlk may recover liquidlled damages in the amount of $5,000.00 per day for such delay not lo exceed $100,000.00; (iv) Cindcrmak may, but shall aot be obligared lo, paform tbeobliprioas of the City uadertbisApeement and the City sball JSY lo Cindermak upon demand all com and expcmes 1hereof incurml by Cindcrmak; and (v) any md all other rancdies available at law or iD equity. CiDdennak and City acknowleuge that Cindermak' s damages as a result of any delay in the Closing DIie caUlcd by City's dc:fault hereunder are difficult to accr1lin, 111d agree that the amount of the liquidalcd damages herein provided &ejAeaeuls a m110nable estimate of Cindamak's damages for such delay . In DO cv:nt shall Cindamak bave the rilbt to recover eomequemial damaaes-In the eva&t the Envuonmcntal Ranediatioa Im bcm complelcd. md transfer of the Property fails to dose 1brouili DO f:iult of Cinclrmwk Ciadermlk sball be meaed &om all obligations under the Pa.ting A,reemmt ud from any odm claims provided under Section 1.2, md Cindcnnak shall have the ripl to briJ1a m IClioa apillll City to compel specific psformmce of City's oblipriom to &elase Ciadermak from oblipliom arisiDg under the Pllting ~ or from any other claims as provided under Seclion 1.2. For purposes of the precedina smmce oaly. the Envi&OIIIDtll1al Rmledillion sball be deemed compJaed wbcn Cindamak furnishes the City with copies of writl9D coafumatioa from the applicable Federal aad/or Side govamnenlal ageacic:s, to the c:xtcnl such aa<:ncies provide wrinm coafinnaliaa. dial die Enviromncmal Rrmcdiaaioo ha hem completed in ICCIOldacc with the n:quircmcnts of applicable p.euwxml ndcs and iqulllioas. lad a catificat1on fivm the cnviroammlal Clllinccr supcrvisq ormonitoriJI& the 'Mllkoa bebalf'ofCindermak tllll the 'WOl'k Im beenm,,dimd in ac:c:ordlace wi1b the coauact for such won. and the Specifications . 1.4 Ciwkz:rntk Peftnlt SubjC\."l lo 1be limitarioo of SecliOD 1.1. if Cindermak shall default in pafawiac i.1s obliptiom baeundcr, then City may elect ID exercia 1be followin& remedies.. either COIJCllll9ly or armsively: (i) C ity sball be -1idcd to llmJim tbis AiiW or it may oblaiD specific paformancc; (ii) City may .ecover all --.a 6am Cindermak rau1tin& from Ciodermet's default (iadudiaa, without limilllioa. aaonxy·s fees 111d COIIS); (iii) if my dmu1t by Ci&Jdermak c:a111a my delay in the Clat:in& 0., City may recover liquidared daaJaaes -17- •. I· 0 • • l • - MA Y 1 5 '9 7 15:44 FR OM BERENB AUM -WEIN SHlEN K TO 97622408 PAG E .019 ,0 31 ill tbe IIDOld ofS5,000.00 pll' clay for IIICh clelay, DIJl to cxc:ccd $100,000.00; {iv) City may, W sblll DIJl be DHie I IO, pldaaa die~-of CiDdcrmlk Wider this Aaiccmeal (iacludial. wilboul limibfim 1111 &wit-I Rrmtillioa) and CiDdarnalc shall pay to City upoe dmad Ill coaa ad ap11a1 ..._ isualld by City; 111d (v) any IDd all other remedies avaiJ11,1c a law er iD apty. Ciwl I M .S City Kbowledae that City's damaaes as a rwult of any delay iD die Claling 0. C:-S by Cmrnnek's ddilalt baem.der are diffic:ult to ascenaiD, IDd ...-lbll dlr IIIIDlllll of die tiql.,_. --.. baeiD provided ,epaem a reasonable Cllimalr of City's dlmaaa '1r u:b delay . In no event sball City bave dlr rieht to recover comcqumtial drn 1fS SECTION t--CONTRIBU110NS BY CINDDMAK AND THE CITY The parlics lll'CC to allocm and pay for tbe foUowilll com &elaled to dlr uw ser:Mm provided under dm Apecment u follows: (a) Cindcnnlk shill pay tbe COil of 1be Euviroameatal Remediation (excludiaa tbe COIi of any work ldaling to 1bc Mcrcaalile Property). In lbe Nd such cost exceeds tbe sum ofSl,S00,000, Ciodennak shall pay such :xccss llllOWll. (b) In tbe event tbe cost oftbe Envilvnmental Remediation is less tban Sl,500,000, CiDdrmilk all pay the followiaa lddilioaal COSIS, but in no event, when added to the cost of the EuvinJamca1al Remediation, to exceed the~ sum ofSl,S00,000. (i) Ally llilOUDl J*d to Re.mo uadcr the Ramo COlllrael. (ii) Premium for the Owmr's Policy to be issued to the City. Service Coatraet. (c) In the eva the IIIIOUld paid by Cindennlk under subplragrapbs (a) and (b) is lea dma Sl,500,000, Cindelmlk sball pay to tbe City, or apply• a CNdit to die City's obliplion under...,_•• Cd), aa llllOUld equal to tbe cliffermce between tbe amou111a paid by Ciodnmek under (a) and (b) above md Sl,500,00>. (d) The City sball .-!', subject to my credit and contribulion of Cindmnalt under subpmpJpb (c), my amoum 11> be paid to Ward's under tbe Ward's Conuact. In addition. tbe City sball pay my 11110U111S dlllc:ribl,d in atbpm ... 'lpb (b) above, to the cx1all such UIIOUDtl, wbm added to the coat of Eaviroamcncal Rerwlillioa paid by CiDdermak, acceda Sl,S00,000 . (e) Tbe City sball DI be respomible for payment of my cost of eaviro-..1 ...iialioD of tbe Maanlile Properly, to tbe Clldmll IIICb COit is DOI paid by MCl'Cllllile S1ana. -11- ' • 0 ,. - MAY IS '9 7 15:44 F ROM BE RENBAUM -WE !NSH IEN K TO 9 7 622408 P AG E.0 20 /031 (f) The City imads to apply to the applable agencies for funds to apply to the cost of smdies or work ia:csay to analyze and remediale existing cnVU'OIIIDCD1al conditions mstiD& on the Plopaty and odlCf propcny which lhe City is c:aasideriug acquiring. To the extml the City romva my such funds with respect to the Property rdatiD& to dais Acreemmt, the City shall pay such tuads to Cindermalt to mmburse Ciudamalt a portion of the cost of tbe Eovironmcnlal Remediatioa or studies oblaiaed io cowction dlercwilb. and such IIIIOlllll shall reduce 1ts c:ost c:xpmded by CiDdrmlak for pirposes of calcullling Cindenmlt's comribution or tbe City's obJiption under subparapph (c:) above . SECl10N 10-SURVIV AL OF REPRESENTATIONS AND WARRANTIES No aq.cc • atll'kml or wamnties wharever ue made by any party to this Aareemcnt except a IIJCICifically set for1b in Ibis Apeement or iD m imlnlmml delivered punuant 10 this Apamal. The aep.c • u111ms wmalllties and indrmnities made by tbe parties to this Aar=nent md the covmms wt asaeaueu11 to be performed ,x c:omplied with by the respective parties Wider this Apeemenl. Wlless otherwise expressly provided in Ibis Agreemall. shall survive the Closing for a period of (i) one yar following the dale ~ City or its suc:ceuors or usip commences danolitioa of tbe lmpn,vcmen1S or (ii) five years from the dale of the Closing, whichever oc:cum fint. NOlbiDg ill Ibis A..-sball limit 1be oblipliom, illdcmnitics. C:Oveuaall aud apemmts of the parties c:oataioed in dais Agreement ttm are pamined or required to be pafalmed in whole or in put after the Cloling Dale. SECTION 11-MISCELLANEOUS 11.1 Eff"sst ofHncljgp . The sut,jecl badillp ofpaaappm and subpaaaaa..- oftbis Asr-nem are inc:lllded for puq,oses of c:on,-micncc only, and shall DDt afm:l tbe coastruc:- tioa or imaprmtion of any of its provisions. 11.2 fptjrc MffllD)CP'tSuryiyal qf Mmmeol This Apmnmt coastitula the entire 111eement between tbe pa.ties bemo 111d supealllda all prior 111d ~ qreemcnll, 1epeN111alioas and UDdmlaDdinp of the pania aepnliDa the 5Ubject maaer of dais Apemml. No auppl,ment, modi6cmon or ..,.1.,. oflbia Apeaneal sball be binding 11111-.s aeculed in writiDa by the pa1ies hereto. 11 .3 DimHm Eftict. This Apemcat sba11 be biDdiDa OD IDd sba11 iDurc to 1be benefit of the ,-ues ro it and their respective SUCCeslOD and pamill9d mips. 11.4 AssilPRPPM IP4 Bmstina F.ffw;t . This Ap,cment may DDt be usiped without the priGr wriam c:ammt of die odlcr part); provided. bo~. upon writlllll aocice frum City to Ciadermak md plnUl1IIIIICC of all oblipliom requiftcl to be J*bwcd baamdlr by the City, Ciadmaak all lrllllfir, aip llld coavey die Pnlpldy • the C1o1iDa to• eality detiaa-d by City, pvvided dla 11'111111-to lllda de 'patad •tty cloa DDI c:aaa my ldwne la c:omequwes 10 Cindmnlk wbich would not Olberwise oc:cur if tbe proped)' wu nmfcrted 101hr City . In tbe -19- •. I· 0 • • ~ • t• • ' MA Y 15 '9 7 15 :45 FR OM BERE NBAUM -WE INS HI EN K TO 9 7 622408 PAGE.021 /031 neat of a 1nlllCer to an Clllity <bigrwted by ~ City. die City sball remain oNi1n1 ~ far the perfonawe of 11111:rmS md c:onditiaas requiaed ID be perfanned by lbe Caty ml wbicb amw: the Closillg • povided under the cams of this Apnlmt. 11.S tk11ia, All DDCicel and olher MPHDCllliaas under dais Apellllllll ..U be U1 WfflDII ad sball be deemed 10 Uft bem ,:luly pWIII (a) OD die dale of ISYa. if mwd penDllllly Gil die party to wham nolice is aiwn. CX (1,) OD 1be dMe of dcpolit in 1be mail, if mailed aad telecapied (without c:aafirmarim requind) ID lbe paty 1D 1lbam aalico is to be liwa. by Int elm mail. nplaed or catified. P'JSllle pepaid ml paupaty addatitld. 11111 lelec: .. by facsimile ln!IPDini<>D. as follows: To City at: DoutJaa A. Ciak. Cily ...... City ofEapwood l400 Soalb Elali Slleet EDaJcwuod, co I0110-2JC'4 Facsimile No.: (303) 762-240I widl copies to: Daaid L. 8l'lllmlm, Esq. City A1IDIDI)' Cityof~ 3400 Soalb Elali Slleet Eapwaod, CO IOI 10-2304 F&l:limilc No.: (303) 719-l 12S T0Ciillide1mlk1&: IHIC• ·~--I S77S Pwilll• Duawoody Ra.I. f200.D ~GA 30342 Facaimile No.: (404) 70S-S340 -· ,,., • ' . ' .. • • 0 '32xl • • 0 , • • ~AY IS '9 7 15 :45 FR OM BE RENBAUM-WEI NS HIE NK TO 9 7 6 2 2408 with a copy to : andto: 11111 to: Gregory F. Palcanis, Esq. Wood, Ris & Hams. P.C. 177S Sberman Strm, #1600 Denver, CO 80203 Facsimile No.: (303) 830-8772 Robert T. Girling Klavco Company 234 Mall Boulcvan1 P.O. Box IS28 Kina of Prussia, PA 19406-0928 Facsilnile No.: (610) 761-6444 Havld Jacobs, Esq. Wolf Block Shorr aad Solis-Cobm lltb Floor Pacbrd Buildina S.E. Comer 151h and Cbalnut Strem Pbiladelpbia, PA 19102-2671 Facsimile No.: (215) 977-2334 PA GE .0 22 /0 3 1 11 .6 Cjgyppia Law. l1lis Apecmml shall be CGllllnlcd ill accordw:c witb die laws oftbe Stare of Colorado. 11. 7 Brpkc["s Fees. Each of 1hr patia aqarm and WllnlltS lhll it 1111 DOI employed. maimd or odmwile llliliad any brtlbr or fillder iD c:oanection witb IIIY of tbe li'm:liom CIOllllemplered by diis Aa1eaeat 111d 111> brobr or pmon is entitled to my CXllDllriniou or fmcler's fees in coaaectioD with any of tbae trmllCtiom. The parties each apee to pay my claim. topdm wilb ralODlble llllamcyl' tila lDLI litiplioa costs. resul1ing in • judameat due to my brobr or finder allqcd to be recaimd by such paaty . 11 .8 Bmmrt or Utill'im eom. If my lepl action is bnJUlbl for 1be enforecment of this APftlllllll. or bec:aUle of 111 .._.. clilpulc, brwb, dlfaak. ar misrepresmtaaon in QOIIIIICtion with my of tbe ['IVVisiam of Ibis ~ tbe IUCc:mflal or IRYIIWIII party shall be Clllidcd to reco¥W aallllllHc 111111mys• --odm COIII iwred in .. action or paoceeclma, iD addition to any odler relief to wbicb it or tbcy may be elllidecl -21 - •· , • • . , .. • <. MA Y 15 •97 15:46 FROM BERENBAUM-WEINSHIEN K TO 97622408 PAGE.023 ,,031 11 .9 nm.. If my dale. deadline :ir die e:xpilation of •r oda mm period llllder lbia ~ all tilll cm a Salulday, SUaday or lcpl boliday, such lime pmod all be Cldlllded to the nm day wbicla ii aot a s..day, Sllllllay 0( lcpl hotiday. 11.10 fflFmp PIM. n. "Eftiecli~ Dae" ofdlis Apcmma sblll be the laerdllle of cm:uliml by c· ¥1 ulk ad City• iadicad iD the siplllft block below. 11.11 Kmcl la Aayrcfaaaindm+w4totbl~ofap11tysblll .... 11> thew 11111_..t,lfla of such paty, its p111mn a.l 1Uda Patmr's cumat officas ml direc1an, ........... .., illqairy. 11.12 MMill. My adlliiwe ill dm Apeemmt to "'Wial" or '"llmlriality" ..U .-my-mwlviDl m ·anoaal, COit er loll ofS50,000 .00 or~ ··- ctTY: CITY OF ENGLEWOOD, COI.OaADO, • Home Rule M1lllicipal CGlpCll'&liaD Dale ofEucutioa'.. ______ 1997 CINDE:llMA& ASSOCIATES, ajaaw:lllln By: The EquiMblc Life A1U111C9 Soc:illy of -Ullilld s.... CO-ffll&Wlr By:. __________ _ Na.:. _________ _ Tula: _________ _ 0.. afE:ac,•m: 1997 -zz- . ' ... • 0 1 a2 x l • • • • <. ~AY IS '97 IS:46 FROM BERENBAUM-~EINSHIENK TO 97622408 PAGE.024 /031 ... ._ ....... ....... By: DENMAKASSOCIATES, aCo-Vc:mnr By: KRAVCO, Im:..a ___ _ C::O.JIOlltioa, Oeaml Partacr BY:-----------Nam: Tide:·--------- 0... of Em:lfioD· 1997 • 23 • .. • • • • . . MA Y 15 '9 7 15:46 FROM BERENBAUM-~EINSHIENK TO 97622408 1. 2. 3. Ellbibit 1.1-A &bibitl.l~ Exballil 3.2 (i) EX111B1T UST Lepl O.C.iptioa ofI.IDd Lepl O.C.iptioa of Evluded Land Tmdilmllb and Treihtw ,es . ' • .. • 0 1 J2xl 0 • • (, MAY 15 '9 7 15:47 FR OM BERENB AUM -WEIN SH!ENK TO 9 7 622.108 EXHIBfl' 1.1-A PARCEL I: A PMl' CIF 'mE SE 1/4 CIF Sfrl'l~ 33, All) A PAR'I' OF mE SW 1/4 OF sa:TIQI 34, 'lONBIP 4 !U1m, iUIN:.E 68 WEST OF '?HE 6'1'B P.M., EEICIWE> AS Fa.LatS: CXJIIDClN. ,a '?HE samM:ST CXJIN!R CIF SAID SEX:TICJQ 34; 'mElCE tCRWY AUK; 'DiE WfST LIM£ CIF SAID Srrl'IC>i 34 A DIS'DIK:E OF 68.00 FU:l' '1'0 A POINl' ON 'DiE IIRl1I LINE OF MES'l' BIIMl'ID AvmJE (AS SIII> t0!19 I.DE EICIS'1'EX> PRICR '1'0 'DIE QUIN1'S CE F.ASDUl'S IN IH!mDmll'S RR I K£D DI IICXJt 1714 AT PAGES 412, 423, 426 All) 429), SAID FOD11' IIEDC 'DIE PODlr OF m.W: 'l'BECE ON AN AlQ.E '1'0 'DIE IDT CIF 89 CEQlt2S 40 MIR1l'!lt 32 SICDIC6 Ml> AUK. &IUD 111:RlH LINE A DISTAICE CIF 472.00 n.£1'; 'fflfl«:E C2i AN AlG.E '10 '1HE Rl<ill' OF 90 tfXiaEES DO l'IDUnS 00 SBDES A lllS'DIICE OF 133. 00 FEEr: '1mlCE ac AN AtG.E TO 'mE LDT OF !Kl rEiRDS 00 MDl71'IS 00 SflDIDS A DISl'MCE OF 150. DO n:El'; nEa (II AN AlG.E '1'0 '1m: RIQf1' OF 90 tfliimS 00 KINm!S 00 SIIDE5 A DISDIICE OF 8.00 n:E:l'; 'JJmCE Cll AN AIG.t TO '1'IIE LDT OF 90 rEa:fS 00 MIMmS 00 SIIXIIJS A DlS'lWCE OF 292.40 n:E!'; 'imx:E ON Ml NQ.E TO 'mE RICBT OF 89 taaas 55 MIR1ffS 00 SBDll6 A DISDIICE CIF 36.00 FIEr; 'imx:E ON AN MG.£ TO '!BE IDT OF 90 mDUZS 38 MDlm!S 42 mDDi A DIS'DIII% OF 66.04 P'E!r TO A POINl' ON '111£ DST LINE OF SMIJ:A n: RAIUIIID RIQlr OF .V; 'D1EX:E ON AN AIG.E TO 'DIE R1G21' OF 106 m:-DS 54 NDlmS 23 511:DDi Ml> AIOI. SAID EAST 1.INE A DIS'.tNa: OF 3l2. 16 n:t:r; 'mElCE ON AN AtG.E TO 'DIE RIGH1' OF 01 [EiilD.S 52 MDC1D 00 SflXIGt ,-:, Al.QI; SAID FAST LINE A DISTAICE C1F 812. 25 PEET TO A POlHf CII '1'!1E lQIIDI LIi& OF 'DIE SE l/ 4 CIF 'DIE SE 1/4 CF SAID Sl'CTIQN 33; 'lmN:E ON AN AtG.E TO '1!IE RIGHr OF 71 lBiRE!S 46 MllC1l!S 26 SIIDll6 Ml> AUIG SAID lQl'lB LINE A Dismta: CIF 604.65 FEE'l', IGE at L!SS, '10 'DIE NlrlBiEST CXREl OF WES1' F".J:l!D AV!HJE AS teiiClUED IN 'l'liE ~ TO 'DIE Cl"1'Y OF Dt.iKXX>, CXUJWX), A auJWX> ID£ RULE CITY REX CRl:l> OC1tllER 1, 1985 DI aaJl 4559 A.T PIIGE 737; •, - .. • • 0 1 32xl • .-------------.--------~_, • - MA Y 15 '9 7 15:~7 FRO M BERE NBAUM-WEI NSHI ENK TO 9762240 8 P AG E.027 /0 3 1 nmcE ~ 'Im: WfSl'EilL1 WEJ !Dm9!.i L:NES OF SAID WEST FLOYD AVDllE 'IBE FtJLLCMIK; ~ All> DI ~: 1) !U1IH 00 DB.REES 02 MnCn:S 28 SEm'.U WEST, A OISTAICE OF 66 FEET TO '1BE scxmHST CXJlt,IElf Cl' SAID FtDlD AVEX.'E A5 DESlUBED IN SAID ~; 2) lO'lH 89 DBiREES 53 Mn«m:S 01 5m)!'Q; FAST, A OISTA!a OF 1022.66 FEET '10 'DIE RRIJMSI' CXIHll OF 'DIE PLAT OF GIR.~ PUICE sasDMSia,i, RfXXK1t1) JAIUIRY 6, 1987 IN PLAT Bal( 94 Kr PAGE 18, ALS:, ll£DC A PODll' a,i 'DIE W!SI' LINE OF sam! ELATI S'mf.Zl'; '11IDC£ S1X11B 00 1EiREES 01 MDl1l!S 23 sm:HlS WEST, ALCK. '1'HE WE!fl' LINE OF SAID sasDIVISIClil All> 'DIE MES'l' LINE OF SOO?S f%ATI smar. A DIS'WCE OF 59S.91 F!El' '1'0 'DIE SX71BeS'l' aRD OF SAID SUBOIVISI<>i; 'lBDCE <Dll'DlJDiG AU>1:i '1!1E W!SI' LIi£ CF SCl1lJi ElATI S'mfZl', A DISDH:E OF 449 .11 FEET TO 'DIE tamlDS'l' a:.aNER OF '!BAT PlllRCEL DESClUBm IN mm TO B»IPOD1 <XNPNff, A a:JCPIIIX) <IJUICaA.."'I~, Pffl'JIDPt> JJllOIRX 27, l967 IN BXI( 1696 ,a pjGE 49; na!2ICZ Ata1. 'l'IIE N::R:llmLY ND ~ LINES OF SIUD PARCEL 'l'RE Pa.UJmr; CIXlRS!S Ml:> DI~: l) a,i AN AtG.£ TO 1'HE RIQn' Cl' 90 tm=EES 09 MlR7l'fS SO SfIDG, A DIS'DIICE Ci' lSS.50 FEEr; 2) a,i AN AtG.£ TO 'JEE LEFl' OF 90 OE:llE%S 09 NlJU1'E5 50 SECCIIS, A DISDK:E OF 144.88 fU!l' TO A POllff a,i 'fflE t«Rm LINE OF llfST HIINP[El AVDIE (AS IT EXIsm:> PRICR TO 'l'RE GRANrS OF FASiJe11'S IN IHS'1'lUEll'S Pto PCEt• IN BXJt 1714 AT PIIG!S 412, 423, 426 All> 429); '1'ma a,i AN AN.L.E 'l'O 'DIE RIGHr OF 90 Cs::REES O!J Mn«7l'!S SO smKlS All> AI.CIC SAID M:R:.,i LINE, A DlsrllNCE OF 289.15 FEEr TO 'DIE !DfflDS'l' a:REl OF 'DIM' PIW:!L DESCRIBm IN DEm 'lt> <XUl4BIA mscaAICE smvIO:, DC., A CILCIWX) ~a,i, R!IIJUE) JtK 21, 1967 IN BCD< 1714 Kt PIGE 400; 'Ima ALCK; 'Im: F.AS'lDLY, N::R:llmLY Atl> M!Sl'DLY LINES OF SAID MPQ!. mE ~ <IXIISES All) DISrAte!S: l) ON AN AtG.£ 'ro 'mt RIC2l' Cl' !10 ~ 00 Mnl1l'ES 00 SflXRlS, A DIS'ZNCE OF 1 30.00 P'!!T ; 2 ) ON AN AIG.E TO 'mE LDT OF 90 D:XiR£&S 00 tmm'!S 00 sm::Nl5, A DIS?NCE OF 120.00 F!:t!; 3) ON AN AtG.£ 'ro 'Im: WT OF 90 ~ 00 MlK11'!:S 00 SBXHlS, A DISDN:E OF 130 . 00 FEET TO A PO:rt,.'T ~ 'lP.E l('.Rffl UNE Cl' SAID WES1' BMP1D AVIXJE AS IT EXIsnll PIUCR 'IO W O GRANl"S Cl'~; 'l'ma ON AN AtCt.£ TO 1'HE RIGRI' or 90 ~ 00 KIM1l'IS 00 sm:NlS AN:> AUH:i SAID !Omf LINE, A DIS'IWo: or 381 .00 :ED' '?O 'DE POINT Cl' !E';Illffl(;, • . •· 0 • • ·, • (. MAY IS '97 15:46 FROM BERENBAUM-WEINSHIEN K TO 97622406 PAGE.026 /031 EXCEPl', PMCEL6 1 ro 6, ncLUSlVE, AS SE:' EtR'1H IN AK> 'DE RICZ'S AK> ~ AS CQll1Em) BY SPfX:!AI. '!NiW-"'l'l! !EEO ~ °'1'I'!AL ALLIAla <DIMN!" ro ~ aJIPANlC, D1mD JAfOIRY 18, 1967 All) Pf:XXPDFD JAIIOR? ;t, 1967 Di 'llXJ( l696 AT PflGE: 51, AS NmUD ~ :11?.l' OllTAlN IXXDEH1' Clfll> JlllE 2, 1967 All) IUXXlPDFD JtR: 21, 1967 DI BXIC 1714 Kr PAGE 338; EXCEPT '!BE 1a.LClmC: J:ESCRIBFD PAIIC!l.: (JOS!.IN PARCEL l2iCRIBED Di BD 1734 P:! p,g: 679) CXNeCIM. la 'mE SDfflNST <IRD CF ~ 34, 10iiiS&lP 4 Slml, RA1GE 68 WfST cr 'DIE tm p .11. ; 'DIDla: il.MIWid.r AI.ac: 'DIE W2S'1' Ln.1E CF 5'IID Sf.CTIQol 34, A DIStAK:E CF 61.00 nzr '1'0 A J10Dfl' Qol '1!IE 11:Rm LIJE C£ NIST HIIMPDDl AVDIJE; '1mx::E FM!IRLY MA:11. '2IIE SAID MR:B L:lE, A D1STNCE CF 945.65 flZr TO A PODll'; 'DIEICE N'P'IWJILY Qol Ml -..£ '10 '!5E LEl'T OF 90 C&;REES 09 MDUm 50 SBD11S AUIG 'DE 1U'1' RIXZr CF laY LIE CF n"IH EtAT1 S"mEr, A DISWQ: CF 485.52 f!El' '1'0 A JIODll'; 'mm:E Mlti'-Sli:RLY C. AN .111G.E '?O 'l'!E LD"! OF 45 IJfJ.iR!ZS Sl N11l7ffS 40 SBDllS A DIS'DltCE CF 48. 33 F!E'1' '10 'm:: 'l1llE POINl' CF aateCl.N:; 'mm::z CDITDIJDli k.klihSWCLY AI.CIC :llE SME CXUtSE, A~ CF 56.25 nE!' '1'0 A JDDrr; 'D!DC£ WWWmG.Y (JI AN MG.£ 'lt> 'DIE RIGIU' CF 90 IBillEl!S 00 MDlffl!:5 A OISDIIICE CF 64.00 nzr 10 A JODlr: 'mE1ICE N Rdl.SliN,? <JI Ml MQE '10 '1'IIE IDT CF ,0 m 00 ,mum A OIS'DUCE Cl 136.00 tv:r 'ro A JICIN1' (SIUI) PODl'r IEIMi AUD o. 75 nzr Sl:l1l1IF.AS'1' f'IDl 111! CDm!ll CF a:LtRI I.DE T ~ 1.00 flZ? IUII E+dWU.Y fw:M 'DIE CDmR CF CD.tNI LDE 54 OF 'DIE IOII.DDCS a., ~ Dl!C'lll) All) KlW IIEDli Dm."'1!l) BlC CAP1W. AX.JIN«'! aMIINr); '1mX:E SCVlilESIDLY Cit AN MIU: '10 m:: LD"l' Cl ,0 tllilllS 00 IClUl'll5 AUK; A I.DE IBICI IS O. 75 nzr ~ :1D1 All> lWlftI r,n '1'0 SAm CX1.t1e1 LD1E T, A OISrNQ: C.-278.83 F!E'1' 'm A IOINl'; 'DmCE: !iJOWlfJCLY Cit AN JIICI.E 'l'O 'IE LEF1' OF 90 mJIDS 00 l4Dl111l5 A DISTMCE CF 192. 25 F!Zr TO A POIMl': •, .. • 0 1 a2xl • • ,. - <. MA Y IS '9 7 IS:48 FROM BERENBAUM-WEINSHIEN K TO 97622408 PAGE.029 /031 T!ma:: ~ QI Ml A1G.E TO 'l1ll: I..EFr or 90 ~ 00 Milll'mS A DISTNCE C6 214.83 FEEl' TO '!JiE 'IKlE POINI' Of'~; MD EXCEP'l' mE J?!Ui!R'l.i ~ TO m! CTIY or DG:am> BlC DEED NI> ~ Ri:1lKIED APRIL 14, 1969 IN BCXl{ 1807 KI: MZ 7U. ~ aboYe legal description will be modified as neassary upon confirmation &om tide company of any additional psoperty nonh of Floyd Avmue or East of Elati Stlftt previously conwyai by Cindamak or its pseckttssors. .. • 0 1 32 x l • • • <. MAY 15 '97 15:48 FROM BERENBAUM-WEINSHIEN K TO 9 7 622408 EXHIBIT 1.1-B (&duded Land) ,. PAGE.030 /031 P.,egJ A: That part of the NE 1/4 SE 1/4 Scaion 33, Township 4 South, Range 68 West of the 6th PM., lllCft panicularly daaibed as follows: Beginning at the Northeast a,mer of NE 1/4 SE 1/4 of said Section 33, thence South along the East line of NE 1/4 SE 1/4, 13 l8.3S feet, thence Wat at right angles. 634.35 fm. ~ or less, to the Eutaly line of the Santa Fe Railway right of way; thma: Noithalt along said right of way 624. 96 feet. thence East 420.33 fttt. thma: North and paralld to East line of uid SE 1/4, 725.03 ket to the North line of said SE 1/4, thmtt East along said liP£ to place of bcginniftg. EXCEPT the East 163 feet of the South S93.32 feet thaeof. hm:tofole platted as Franzmann-foollaeru Subdivision Aaendld Plat. and oapt the Nanh 30 ~'1. of the East 18 feet teetdoa: da:ded to the City of Enpwoocl. Pe,m B: The Nardi 30 feet of Lot 10, Bludt 2. Faa--fuHnrns 5-divilioa Ammded Plat. M(ll llilC to die tN d d Pia tbmof t619&-C: Lot 2. Block 2. mpt • Noldl 22 left•'* Lat. Fw:---r r a Subdivision.Ammded .... mar ••• -• d .......... County of Aiap+or. Stw of Colarado IUIDClaa&~IUl"IIII •PLCI. __ . ...,., . ' .. •· 0 1 32xl • • • <. MA Y IS '9 7 IS :49 FROM BERENBAUM-WEINSHIENK TO 9 7 622408 EXHIBIT 3.2 (i) T......._ .... T,11 - Ciudlnlla City, Cinderella City Sbappina Ccaler, Ciadmlley, CiadelellaCity Sbappiag Mall, al all sea.cl-. M.'ODCICLIINI-SCU' ••• aa n • ,. . ' PAGE . 03 1/0 3 1 • 0 •• TOTAL PAG£.8ll •• f 32xl • ORDINANCE NO. _ SERIES OF 1997 ' • • • BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING THB SALE ON TBB OPBN MARKET OF FIVE PROPERTIES, WIUCH WERE DEVELOPED FOR THE "BUILD" PROJECT. WHEREAS, the Enclewood City Council allocated $500,000 from the General Fund for Project BUILD; and WHEREAS, in 1990 the Englewood City Council recommended a program be instituted whereby newly constructed, single-family homes are built t.o replace seriously dilapidated or obaolete structures, or are built OD vacant lots; and WHEREAS, five such developed properties are ready t.o be sold t.o private parties who will secure their own financing, thereby replacing the City funds used and returning them t.o the BUILD fund ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sa;t;ion 1 Approval is hereby given for the sale of five properties which were developed for Project BUILD. Said properties will be sold t.o private parties who ahall secure their own financing and the City funda, which were U8ed t.o purchue and develop said propertiea, lhall be returned t.o the BUILD fund. The sale price ia t.o be the fair market price baaed on appraiaal plus or minus aeven percent (7%). Sa;t;ion 2 The following properties t.o be sold are properties which were developed for Project BUILD: 1. ,101 South Aama Street 2. 2135 Weat Adriatic Place 3. 3239 South Lopn Street <&. 3736 South Inca Street 5. 37<&0 South Inca Street The sale of these properties lhall require the purchuer t.o agree by eeparate document as follows : 1. The purchuer ahall be the occupant. 2 . The purchaser ahall not own any other reaidence OD the date of transfer of deed t.o the above propertiel. 3 . The property may not be rented by the owner during the lint three (3) years of ownership. -1- • . . 11 b 1 .. •· I • • t. • ~- Sgtiqp 3 . 'Die Ma:,or IIDd tbe City Clerk are authorized t.o eucute the proper form of deed for tbe CODveyaDCI! oftmae properties punwmt t.o Section 71 oftbe Englewood City Charter. Introduced, read in full, IIDd puaed OD fint reading OD the 5th day of May, 1997. Published u a Bill for an Ordinanc:e on tbe 8th day oCMay, 1997. Read by title IIDd pauecl on final reading OD the 19th day of May, 1997. Publiahed by title u Ordinance No. __, Series oC 1997, on the 22nd day of May, 1997. 'l'bomuJ.Buma,Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk of the City of Eapewoocl, Colorado, b8nby certify that the above IIDd forepiJII ia a true copy of the Ordinance ~ OD final reading and publiabed by title u Ordinance No. _, Series al 1997. -2- •. .. • • 0 • ORDINANCE NO .~/ SERIES OF 1997 . ~ BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE 3 , CHAPI'ER 7, SECl'ION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE OFFICER PERMANENT DISABILITY BENEFITS. WHEREAS , for all police officers hired on or after January 1, 1997, the State of Colorado has mandated that the contribution toward the cost of death and disability pension benefit shall no longer be paid by the State of Colorado, but shall be paid through the local jurisdiction; and WHEREAS, Section 31-31-811 (4) of the Colorado Revised Statutes requires that the determination regarding the assessment for the cost of death and disability pension for police officers hired on or after January l, 1997 shall be made at the local level ; and WHEREAS, pursuant to Section 31-31-811 (4) of the Colorado Revised Statutes, representatives of the City conferred with representatives of the police officers regarding how funding of the death and disability pension for police officers hired on or after January l, 1997 is to be assessed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tion 1. The City Council of the City of Englewood, Colorado hereby authorizes the amending of Title 3 , Chapter 7 , Section 2, of the Englewood Municipal Code 1985 to read as follows : 3-7-2: PERMANENT Dl8ABILl'ff BBNEFITS: A . hl erlier • •ppleaenUhe illeame ••, peliee 1Mnr •..-IM111 efhiN ... e Ill' 111•i• ,-whe, M • .... el' imim, Ill' illaHI , IN ORDER TO SUPPLEMENT THE INCOME OF ANY POLICE OFFICER HIRED ON OR BEFORE DECEMBER 31, 1996 WHO, AS A ~T OF INJURY OR ILLNESS, ia rendered permanently cliubled, there ahall be paid to auch offi cer , out oftbe Self-lmurance Fund defined in Title 4 , Chapter 3, Section 7 , of the Enflewood Municipal Code 1985, a monthly benefit equal to iw-ty percent (20'*>) of hiJllher baN ulary plua lonpvity which he/abe wu making at the time that he/abe incum!d IUCh cliubility. Such payment ahall be in addition to any benefit.a payable to the officer &om the atatutory Police P enaioo Fund or the City'• Police Penaion Plan. B . ln order to be elicible to receive IUch payment, the officer muat, at the time of hiJllher a pplication thenior, be permanently cliaabled from perfwminc the dutiea of any occupation. far •IIINill Iha • m , 11, fl 1111 If..._ eli•BMi••.11 · tali 1111 11 ·1a11 ,w1.Wlla p1bhefpafw · 1,i..aw -1- 11 b ;; , I· 0 • er------------------------~ 0 • *9e mjm, 11P iHne1111 in, 111, ell . Ill lielen11illillg Nhe*9er m, 118ieer i11 se per111-eai1, liiael,leli, 11 liieal,ili"1 -11 m, llllewn m;-, 11r illllese whieh pre ellieieli *9e llflieer'11 e111pl11)'11leM with tile 6i"1, 11hml l,e liieregarlieli . C . THE STANDARDS APPLIED BY THE POLICE PENSION BOARD IN DETERMINING WHETHER A POLICE OFFICER IS PERMANENTLY DISABLED FROM PERFORMING THE DUTIES OF ANY OCCUPATION AS SPECIFIED IN SUBSECTION B SHALL BE AT LEAST THE SAME AS THOSE STANDARDS APPLIED BY THE STATE BOARD IN DETERMINING PERMANENT TOTAL DISABILITY AND AN INDEPENDENT MEDICAL VERIFICATION OF SUCH DISABILITY MUST BE PROVIDED BY A PHYSICIAN DESIGNATED BY THE CITY. 6-:D. Payment to the officer of 11uch benefits shall continue on a monthly basis, subject to the following conditiona: 1. Payment of such benefits shall ceaae upon the date that the officer would have been, but for his/her disability, eligible to receive normal, nondisability retirement benefits from the Statutory Police Pension Fund or the City's Police Pemion Plan; 2. Payment of such benefits shall ceaae should it be subsequently determined that, by reason of retraining, improvement in condition, or for any other reuon, the officer is no longer permanently disabled from performing the duties of any occupation for which he/she is qualified; and 3 . There shall be deduct.ed from the amounts payable hereunder an amount equal to any income earned by the officer as a reault of personal services (either aa an employee of another or on hia/her own behalf). D .E. The Police Pension Board is hereby granted the authority and jurisdiction to issue replatiOIUI, not inc:onaiateot with the tenna hereof, designed to carry out the purpme of thia Section, and to hold bearinp, tab evidence, receive information and to make final and bincliq deciliom, awards and reaolutiona respec:tinc the elisibility of officen for initial, and continued, paymnt of benefits hereunder. F . FOR POLICE OFFICERS HIRED ON OR APTER JANUARY l, 1997, THE CONTRIBUTION REQUIRED BY SECl'ION 31-31-811 <•>. C.R.S., SHALL BE ASSESSED EQUAUY AGAINST THE CITY AND SUCH OfflCER SO THAT FIJITY PERCENT (~) OF THE CONTRIBUTION IS REQUIRED BY THE STATE SHALL BE ASSESSED AGAINST THE omCER AND FIJITY PERCENT (5">) SHALL BE ASSESSED AGAINST THE CITY. Introduced, read in full, and paased OD ftnt readiq OD the 5th day of May, 1997. -2· •. .. •· • 0 1 J2 x l • •r--------------------....------- • • ... Publiabed aa a Bill for an Ordinance OD the 8th day of May, 1997 . Read by title and pauecl on final reading on the 19th day of May, 1997. Published by title aa Ordinance No._. Seri• of 1997, on the 22nd day of May, 1997. Thomas J. Burns, Mayor ATTEST: Louc:riahia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance p88ll4!d OD final reading and publiahed by title aa Ordinance No._, Series of 1997. Low:riabia A. Ellis -3- ' . .. . ' • • 0 1 32 x l TO: FROM: DATE: SUBIECT: • • Council Member Ann Nabholz \Jl Sue Bradshaw, Executive~ May 19, 1997 CML Annual Conference - As requested, the following are your anticipated expenses for the 1997 Colorado Municipal League Conference in Snowmass Vdlage, Colorado, from June 24-28, 1997. Registration Mileage Lodging Meals (prepaid) Meals (per Diem) Total $190.00 102.06 270.00 83.00 86JXl $731,06 If you have any other additional questions, please let me know. Thanks. .. • • • • •, • <. 13 (a) CITY MANAGERS CINDERELIA CITY ACTMTY REPORT May 15, 1997 Equitable The final draft of the Purchase/Sale Agreement is schedule for City Council First Reading May 19 (assuming two exhibits to be completed by Equitable are available). Staff Source: Dan Brotzman or Doug Oark • Mercantile Mercantile is reviewing a licensing agreement authorizing Equitable's contractor and City officials access to the former Joslin's building to conduct environmental remediation cost estimates. Mercantile's legal counsel is expected to approve or offer revisions back to us the week of May 19. Staff Source: Doug Oark • Miller-Kitchell We arc still completing revisions to the development agreement and will forward to Miller-Kitchell. This task has been held up somewhat since priority has been directed towards completing the Equitable agreement (sec above). Staff Source: Doug Clark or Dan Brotzman I will be attending the Leasing Fair at ICSC May 20 • 22 . Staff Source: Doug Oark • Museum of Outdoor Arts We will be presenting a draft financial proforma on the Museum of Outdoor Arts at May 19 study session. We've also provided MOA a draft double letter of intent proposing to cap the city's financial commitment at $450,000 a year for operations and maintenance and $2 million for site development, subject to annual appropriation and financing. Staff Source: Bob Simpson or Doug Clark .. ----------------------· • 1 . 2. 3 . ·, • ~~~Jnj-~ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 19, 1997 7:30 P.M. Calltoont .. '):_JJ ~ Invocation. /)) ~ Pledge of Allegiance. ~ 4. Roll Calls-/ t/J,.u,j-{.A} 0 5. Minutes. ~ ~ r.Pffi ~ -f>r. / Minutes from the Regular City Council Meeting of May 5, 1997 tlJ'fJ'>'o 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . a . Tom Wilson, Englewood School to Career Program Coordinator, will be present to discuss the School to Career Program. Non-Sdledu&ed Vi5itQr1y(PI~ limjuour presentation to five minutes.) 4. ~-~~ -C¥'7V,JJ6.~;,.,_ . l>.~/ltyi,u.-~~ .. J Communications, Proclamations, and Appointments. fJff6-b ::~ the week of May 18-24, 1997 as ET~' Services b . Swearing in of newly elected District I City Council Member. i. Mayor will ask the C ity Clerlc to read the name of the newly-elected City Council Member, who will then be sworn in by the Honorable Louis Parkinson. ii. Members of City Council Me seated (in temporary spaces)~ the Mayor asks the City Clerlc to call the roll of the members of the City Council and the Mayor then declares a quorum present. iii . Permanent SNting assignments will be given. /J • · · -· • /JJ£ • ., ICJAIUIAtl, l I..._ .... lf,-.._a; ,,_ ...._.-a.y_. • ....._ ..... ..., .. Cllyell di u•Ollllllhl I ............ .._ ........................ ,... . • • City Council Agend.i M.ay 19, 1997 Page2 • • • iv. Recognition of the families and/or guests of the new member of City Council. v . Brief Reception. 9. Public Hearing. (None scheduled) Ct!-31 i . Recommendation from the Utilities Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Regional Transportation District for the design, engineering. and construction of utility modifications required for construction of RTD's Southwest Corridor Light Rail Project Phase 2. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement # 131 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii . Recommendation from the Utilities Department to adopt a bill for an ordinance approving a South Englewood Wastewater Service Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving an Oil and Gas Surface Use Agreements. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. [b!fr!f( v. Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance amending the existing contract for the restaurant at the golf course . STAFF SOVRCE: femll llack. Director of P.a and Recreation. t7JI D1)/--33 07Jl-2/:_ iii . (y I -~~ It.I-~f roval nces on Sec~. /0 ~ -1..._.,. ,.i.,~-2 ~l~.14,approvingaConcrett!.'~ /;f/~ Council Bill No. 33 , approving a temporary morat(}"ium on permjlv.{nd licenses in specific industrially zoned areas . /SV"'-' ~ Council Bill No. 38, creating Paving District No. 38. /)7 {If-~ iv. Council Bill No. 39, amending the Englewood Municipal Code regarding Liquor in the Parks . c. Resolutions and Motions. Plwalllllll If yaa ..... ...., ..... ..., .............. ally lleClly of E ' 111.0U,W,II .......................................... ,... .. •· • 0 '32xl • • • • • ,City Council Agenda ~~ -: '~ May 19, 1997 ~:;,Pi ~] ~ 1l . :•g,l•::::of Orolo'"'" oo fo• Readlo~ ~G, / ~ {]R!-5 ')_, I. •~=moodatloo from the City-· Offi~ to adopt, bill fo,'" ~..ft;;. /. (} -/ ordinance authorizing a Property Transfer Agreement between Cindermak ~ -Associates and the City of Englewood for e Cinderella City site. STAFF SOURCE: Doug Clark, City Manager. b. Approval of Ordinances on Second Reading41,t46\J ~ "'16' -b/l ~ -=-2 'I' 6 (Iii f -2? Jl~J g,;;qlllm No. 35, ~t Qle of~e Pro;:;: :d:roperties.~ ..,.,,,,,.. 5-l-1 CM9'alN: 8~i.AJS .. 7)1F ... ~ ii. Council Bill No. 41, amen i~g t e Police ,cers Pension Fund and Permanent U tu ~ .,..-/ Disability Benefits. a.J ~ c. Resolutions and Motions. ,e- 12 . General Discussion . Mayor's Choice. ~ ?.,/ { ~ Council Members' Choic:' ~~ ~ f!.llf~ a . b. ¥,111-o i. Recommendation to go into Executive Session i:pJl;<ijately following the City Council meeting to discuss personnel issues. ~ 13. City Manager's Report. a. Cinderella City Status Report . 14. City Attorney's Report . Adjournment . ~ CJ: ~, ,P/)_/ . The following minutes were transmi~ect{o City Council between 05/01/97-05/15/97: • Englewood Non-Emergency Pension Board meeting of July 9, 1996 • Englewood Firefighters Pension Board meeting of September 9, 1996 • Englewood Joint Pension Board special meeting of September 9, 1996 • Englewood Firefighters Pension Board Volunteer special meeting of September 25 , 1996 • Englewood Non-Emergency Pension Board meeting of October 8, 1996 • Englewood Firefighters Pension Board meeting of October 23, 1996 • Englewood Non-Emergency Pension Board meeting of January 14, 1997 • Englewood liquor Licensing Authority meeting of April 2, 1997 • Engl ewood Cultural Arts Commission meeting of April 2, 1997 • Englewood Parks and Recreation Commission meeting of April 10, 1997 • Englewood Downtown Development Authority meeting of May 14, 1997 .._ __ .. ,.. .... IINllllly ...... ...., ......... ,._...., .. a, .. ,' ·-~-.......................................... ,... .. I· • . - 0 I• • ' --- ------- . . . I· 0 - • ' . . •. I· 0 • ' . ' . ... ·-- --------------&w.. ---- ((i). ~a>~r~ '(--:t;-1/feri&AL------ = @ ~~ ------_ -. ~ ---JJJfl>ai k ~ - -~ ~~~[!A.~ ----=--- ~ -----/~ ~?>9r _ ~~ -__ _ . . I· 0 I • • . . ' - • ' I • ' . . . •• • 0 0 t~ . • . ' ' ...... • -·---- . - ., I· 0 • 0 • • June 2, 1997 Regular City Council Meeting • 0 ' ' .. ..