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Home My WebLink About1989-07-17 (Regular) Meeting Agenda• - • • 0 J uly 17, 1989 City Council Regular Meeting • • • 0 0 • I . • • • • CITY COUNCIL AGENDA STATUS REPORT FOil THE .JULY 17, 1119, CITY CCX.Cil MEETING Agend1 Origin1ting lte. Dep1rt.ent Description Action liken 8A CMCR llA CONN DEY 118 COMM DEY llC COMM DEY 13 CATTY U8 PROCLAMATION JULY 23-30 AS FRONT APPROVED 7-0 RANGE BIKE WEEK; JULY 26 AS BIKE TO WORK DAY (VAN DYKE/KOZACEK) CBI31, INTRO. BY HABENICHT, APPROVED 7-0 APPROVING SMC PED.OYERPASS/E.HAMPOEN (HABENICHT/BYRNE) RESOI39, APPROVING R-0-11 DEDICATION APPROVED 6-1 FOR CUL-0£-SAC OF THE 3400 BLOCK (HATHAWAY) OF SO.PENNSYLYANIA ( CLAYTON/KOL TAY) RESOI40, APPROVING R·O ·II D£DICATION APPROVED 7-0 FOR CUL ·DE·SAC NORTH Ell> Of ALLEY 8ETV££N SOUTH Lor.M MD SOUTH PENNSYlVANIA IN 3400 BLOC (HATHAWAY /kOZAC ) APPRO¥ 0 7-0 D 6·1 ( OZAC ) • I • 0 Follow -u NONE REQUIRED PUBLI SitED 7/20; SECOND READING 8/7/89 CONN DEY TO SECURE SIGNATURES AND FILE IIITH CllY CLERK COMM DEY TO SECUR SIGNATURES AND FILE IIITH CITY CLERK TO 8 0£lE IN 0 BY CA • • • • 0 Agendi Originiting lte. Dep1rt.ent Description Action liken Follow -up 14Bii CMGR 141tit au 141 fv 148v 2. MOTION TO APPROVE RESOI41; LEASE APPROVED AS AMENDED GREENHOUSE PROPERTY TO DESIGN 7-0 FLORAL SCHOOL INC., FOR SCHOOl TRAINING PURPOSES (CLAYTON,IKOLTAY) 3. CLAYTON REQUESTED COUNCIL'S SUPPORT COUNCIL CONCURRED FOR HIS CONTINUANCE AS lOBER OF CML POLICY COMMITTEE HATHAWAY : LEASE TO BE REVISED BY CA STAFF; SIGNATURES TO BE SECURED; ONE COPY TO BE FILED WITH CITY CLERK LETTER TO BE PREPARED FOR MAYOR'S SIGNATURE 1. MOTION TO APPROVE RESOI42 APPOINT -APPROVED AS AMENDED NOTICE Of APPOINTMENTS TO 8 B0M0 l COMMISSION M£MB£RS : 6-0-1 (KOLTAY PREPARED FOR MAYOR 'S SIGNATURE EDDA · PENDELTON 6/30/89 TO 6/30/93 ABSTAINED) Pll · HOGUE TO 2/1/93 LLA · WAOOELL 1/4/19 TO 1/4/92; SUCH 1/4/89 TO 1/4/92 ELEC.COMM. · WILSON TO 2/1/91 EHA -KOLTAY 7/l/89 TO 7/1/94 FIROI£N'S PENSION -RESLEY TO 2/1/90 KOLTAY: I • REQUESTED LONG -RMG£ PlM IE AOORESSED CONCEAMIMG PAitiCIMG ON ..... Y; COUNCil MOeCR ClAYTON CONCURtt D HA8£ ICHT : 1. C IJM(D IN Ol TAY/ClAYT ' 2. ElPI SS£0 PUBLIC APPR CIATI S£NT I l FOR ITS CO¥ERAG OF VATER R STRICTI • • • • ·. ADJOURNED: 8:16 P.M. PRESENT: All MOilERS PRESENT 1. Call to Order • • • DIILEVOOD CITY COUNCIL DIILEVOOD, AUPAHOE CCUITY, COLORADO a..,lar Session .July 17. 1181 The regular .. eting of the Englewood City Council was called to order by M1yor Van Dyke at 7:38 P·•· Z. Invocation The invocation was given by Council Me.ber Koltay. 3. Pled .. of A11 .. iance The Pledge of Allegt1nce was ltd by Boy Scout Troop No. 92. 4. lto11 Cell Council ...._rs Hlth .. ay, Koltay, Kozacek, Byrne, Habenicht, Clayton, Van O,ke Abse~~t: None A QUOru. was present . Also present : 5 ....... City Nan ... r fraser •~t_. Ctty Atlorftty DeWitt tr~ City Clertt Crow .-o • ftVt pre ttd for .,ro al . •• Wtstton v tor • 7. •• I . • - Englewood C1ty Counc11 M1nutes July 17, lt8t -Page 2 • • • Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. Mayor Van Dyke announced she would be participating in the Front Range Btke Week thts Sunday, riding fra. Riverfront to Civtc Center via the Platte Rtver Greenway Bicycle Path; she Invited anyone interested to join her and the other riders. 9. Consent Afenda There were no i t•s presented under Consent Agenda. 10. Publtc Heartng No publtc hearing was scheduled. 11 . ONt nances, lesol ut tons and llot tons (a) Ctty Nanager Fraser presented a reca..endat t on fra. the Depart .. nt of C~ntty Develo.,..nt to adopt a btll for an ordinance approving the Swedish Medical Center Pedestrian Overpass over East Ha.pden Avenue. Mr. Fraser explained that this tt• as well as lt•s ll(b) and ll(c) were follow - up tt•s rehtiftg to the Swedish Medical Center Planned Develo.,..nt. He ad - vised Council that Assistant Director Ro.ans, C~ntty Develo.,..nt, and rep - resentatives of s..dish Medical Center were present to answer any questions. Council "'-ber Habenicht asked that the City Clerk read Counctl Bill No . 31, entitled: A Bill FOR Alii OADINNICE APPAOVJNG A LEASE BETVE£N THE CITY Of ENGLEWOOO MD SWEDISH fl)8 I, LTD., MD SWEDISH M08 II PARTNERSHIP TO 08TAIN AIRSPACE OVER PUBLIC STREETS. COIIICJL .._. IIUDIICHT IIMD, COIIICJL .._. 1'-SU.O, CUICIL llll •• ll, SOlES Of lilt. A.Yes : Nays : Abst in : Ab t : t on carried . The • olutt ' ) 1 Council rs Ko1tay, Hath cht, Clayton, V n Dy d b t tl : 1£ Of J ouc • ly t o 0 ) I . Englewood City Council Minutes July 17, 1989-Page 3 • • • A RESOLUTION ACCEPTING A RIGHT-OF-WAY DEDICATION BY SWEDISH MEDICAL CENTER TO THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A CUL-DE-SAC IN THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN CONNECTION WITH THE SWEDISH PLANNED DEVELOPMENT. COUNCIL MEMBER CLAYTON MOVm, COUNCIL MEMBER ICOLTAY SECONDm, TO APPROVE RESOLUTION NO. 39, SERIES OF 1989. Council Member Hathaway explained she would oppose the passage of this Resolu - tion as she had opposed the vacation of South Pennsylvania Street. It wu confirMed that Swedish Me<l1cal Center would be responsible for all costs associated with the construction of the cul-de-sac; it wu also con - fin.ed that Swedish Medical Center will Maintain the area, including snow re -MOval. Vote results : Ayes: Nays: Abstain : Absent: Motion carried . Council Me.bers Koltay, Clayton, Van Dyke Council MeMber Hathaway None None Kozacek, Byrne, Habenicht , (c) The reca..endation fro. the Otpart .. nt of Co..unity Develop~ent to adopt a resolution approving the right -of-way dedication fra. Swedi sh Med ic al Center for a cul -de -sac at the alley between South logan Street and South Pennsylvania Street in the 3400 block was considered. The Resolution was assigned a nu.ber and read by title : RESOLUTION NO . 40 , SERIES OF 1989 A RESOlUTION ACCEPTING DEDICATION BY SWEDISH MEDICAL CEWTER TO THE CITY OF ENGLEWOOD FOR A CUl -DE -SAC AT TH£ NORTH ENO Of THE VACATED AllEY IN THE 3400 llOCJ( I£TV£EN SOUTH LOCM STREET AND SOUTH P£JIISYLVANIA IN CONJUNCTION WI TH THE MDISH PlANNED DEVELOPMENT PREVIOUSLY APPROVED . COUIICil .._. IIATMMlY IIMD, COUIICil ..,_. lOZACU S0:-.:1, TO APPIIW£ IISOLUn• •• 40, SOlES OF INt. Nay s : Abst ": Ab51ft : on c rrted . rs oltey, Hetheway, oz c , yrn , Clayton, Ytft Oyk , I . Englewood City Council Minutes July 17, 1989 -Page 4 • • • Mr. Fraser did not have any matters to bring before Council. 13. City Attorney's Report (a) Assistant City Attorney Gri• requested authority to dismiss the City's lawsuit against Perfor~~ance Chrysl er/Pl.YIIIOuth for non-compl lance with B-2 regulations. COUNCIL MEMBER ICOZACEIC NOVm, COUNCIL MEMBER CLAYTON SECOfl)m, FOR SAID LAW-SUIT TO IE DISMISSED. Ayes: Nays: Abstain: Absent: Motion carried. Council Me.bers Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None 14 . &eneral Discussion (a) M.yor 's Choice Kozacek, Byrne, M.yor Van Dyke dtd not have any -.tters to bring before Council . (b) Council .....,_r 's Choice ( t) Counc 11 .....,_r Clayton presented three i t•s : 1. A ftOII ·exclushe Private License granting Boy Scout Troop No . tZ use of Ceftt8ftfttal Park lake for cano4 tratntng . CIIICIL CUn.t .wED, CGUIICIL .._. ULTAY SU.O, TO APNOVt OF Tltl .. I,AR LICDK lfiTII lOY SCIUf TIOIP •• tl SUI.JUT TO Tltlll PIDWIDI• I -lUll AU 1IMS IF Tltl LICDS( .. EIJDI. ) I . Englewood Ctty Counctl Mtnutes July 17, 1989 -Page 5 Absent: None Motion carried. • • • 2. A propoul to lease the City's greenhouse property to Design Floral School, Inc. The Resolution was assigned 1 nuMber and read by title: RESOLUTION NO. 41, SERIES OF 1989 A RESOLUTION APPROVING LEASE OF CITY GREENHOUSE PROPERTY TO DESIGN FLORAL SCHOOL, INC., FOR SCHOOL TRAINING PURPOSES FOR A PERIOD OF ONE YEAR. ~nO.ents to the lease were discussed and it was agreed to add the following wording: (1) lease wtll not be construed as per.ttttng retail sales; (2) Perfor.ance bond will be included to cover perfor.ance of growing of plant utertals and other contingencies which will ensure 110ney tn case of crop failure . CCUI:IL IEiaEI CLAYTOI MOVED, CCUI:JL 1E1aE1 IC.OLTAY S(CCII)(D, TO APPIOVE lESOI.UTJOI •• 41, S£liES Of ltlt, Sl&JECT TO L[AS( ..._..,$, Before voting, Council Me.ber ltozacek stated this use of the greenhouse for the next year or two would be okay, however, he wanted thts stte to be one of the sites looked at when the City addressed the fire station issue. Vote results: ~es: Council Me.bers Koltay, Hathaway , Kozacek, Byrne, Na.ys : Habenicht, Clayton, Van Dyke None Abstain : None None Absent: Molton carried. l . CCMmetl ...._r Cla.ytOft req~Msted CCMMCfl's cOftltnued sup port of hts lpPOfnt.tnt as 1 r of Colorado MUntctpal lt 's Polley COl · •lttH . It will be necessary for the Ma.yor to nottfy of CCMMC l 's wts s relath to Mr . Cla.ytOft strvfnt as 1 r lftd CCMMCtl r btntcht as alternate . The "-Yor and CCMMC 1 COftCurred In thts utt r . 1 pre s t , to ,. to 111 ..,..,lltiOINW'I t N Lt to t 4, 1 I Englewood ttty tounctl Mtnutes July 17, 1181 -Page I • • • Curtis Such appointed to a three-year term from August 4, 1989 to August 4, 1992. Election eo..tsston Betty Wilson appointed to fill vacancy expiring February 1, 1991. Houstng Authortty ~oger Koltay reappointed to a five -year ten. fra. July 1, 1989 to July 1, 1994. Ftr ... n's Penston Board W1111a. F. 'Shorty• Resley appointed to fill vacancy expiring February 1, 1990 . The Resolution was assigned a nu.ber and read by title: RESOLUTION NO. 42, SERIES OF I989 A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS AND COMMISSIONS OF THE CITY OF ENGLEWOOD. CCIUIICIL ._EI IIATIWIAY MOVED, CCIUIICIL ...0 lOZACEl SECCIGED, TO APPROVE ltSOlUTIOII •• 42, SEIIES Of 1tlt. Ayes : Council Mellbers Hathaway , Kozacek, Byrne , Habenicht , Clayton, Van Dyke Nays : None Abstain : Council Mellber Koltay Absettt : None Motion carried. Council Mellber Koltay expla i ned he had abstained fra. vot i119 due to hh appoint.ent to the Housing Authority . Council Mellber Koza cek re~~inded Counctl that appo lnt.ent s to the Housing Author i ty were .. yoral ap - point.nts and he questioned tf that would affect Resolution No . 42 . Mayor Van Dyke stated she officially Slapports Mr . Koltay 's appo tnt.nt to the Au - thority, therefore. tt should not present a probl ... (Hi) Council ...._r Koltay preset~ted infonutiOfl concerning park · lng proble.s along lroadlilay and SU9g8sted that Council and staff needed to address a long -range plan concerning the Broadway corridor and par fng prob · l tch the businesses are experiencing as 11 as t probl th r s n tal s. 1ffcally along 011 and Lincoln, are exper ng . s tu on (tv) Cou I. to rtnd a solu r Ha ntcht spo cone rntng t tt fo t ) I . Entlewoct Ctty Counctl Minutes July 17, 1989 -Page 7 • • • (v) Council Metlber Koz1cek 1nnounced for the record that water rationing would be 1 topic of the study session 1gend1 next week (July 24, 1989). 15. Adj~t COIIICIL .. EI UDCEIIIDYED TO.,.__ The _.ting 1djourned 1t 8:16 p.•. I . • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 17, 1989 7:30 P.M. Call to order. Invocation. Pledge of allegiance. Roll Call. Minute•. Pre-ScbedulecS Vbiton. (Pl .... liait your preaentation to ten ainute•. ) llon-lcbedulecS Vi•iton. (Pl .... liait your preaentation to f i ve ainutee.) eo-&nication. and Procl ... t ion.. (a) Procl ... tion decla ring the VMlt o f . July a3 -30, lilt •• Front bnge like lfHlt and We4ne y, July at, ltlt aa like to Work Day. Public I . City Council A9enda July 17, 1989 Pa9e 2 • • • 11. Ordinancea, Reaolutiona, and Motiona. (a) ReCODendation froa the Departaent of Ca.-unity Developaent to adopt a bill for an ordinance approving the Swediab llectical Center Pedutrian OYerpaaa over hat llaJipcSen Avenue. (b) ~tion froa the Depart.ent of Ca..unity Develop.ent to adopt a reaolution approving the riC)bt-of-vay dedication for the cul-de-aac of the 3400 block of South Pennaylvania Street. (c) -.ca undation froa the Depart.ent of Ca..unity Develos-ent to adopt a reaolution approving the rlC)bt-of-vay dedication froa SWediab lledical Center for a cul-de-aac at the alley between South LocJan Street and South Pennaylvania Street in the 3400 block. 12. City llana9er•a lteport. 13. City Attorney•a lteport. 14. General Dlacuaaion. (a) .. yor•a Cboloe. (b) Council r•a Cboi 15. Adjou.rn.ent I . • • • PROCLAKA'liOW WHEREAS, the celebration of Front Range Bike Weak will begin on Sunday, July 23, 1989 with the Colorado Front Range Celebrity Relay, a cooperative effort andoraed by front range co-.unitiaa to draw attention to the benefit• of bicycling; and WHEREAs, the City of Englewood, along With aavaral other citiaa along the front range, ia aponaoring the Colorado Front Range Bike Weak; and WHEREAs, the Front Range Bike Week proaotaa bicycling aa • viable and anvironaantally aound fora of tranaportetion; and WHEREAs, the Front Range Bike Weak baa daai9n&ted Wednaaday, July 26, ltlt aa •Bike to Work Day•, a regional effort to help pra.ote eaployaa wellneaa, bicycling aafaty, and anvironaental awaranaaa. MOW, THEREFORE, I, SUSAII VU DYD, Mayor ot the City of Englewood, Colorado, hereby proclaia the weak ot July 23 through July 30, ltlt aa raon UllOa ana wua and JUly 26, Ult aa .. na !'0 wou Da-t levood. I urve ay tellov cithena to participate in tee hitiea aurrot.mding thia event, o aware ot net ta of bicycling, and o utiliae th•lr bicycle• aa a n o aprove u n their h 1 n4 o • a ~1 iva nvlro • ly, 8 (a) I . • • DATE July 17, 1919 IIIITIATED I'! PUVIOUI COUIICIL ACTIO. • • • COUNCIL COHKUBICATIOR 4CDDA ITIII 11 (a) SUB.1ECT Svadbh Medical Canter Pedestrian Ovar- paaa over !&at HA.pdan Avenue Dapare.ant e f c-&nity Davalo,..nt Richard S . Wanuah The pedestrian ovarpa.a between tha Svadhb Medical Canter parklna atructura in tba 600 block of !&at HA.pdan Avenue and the Medical Office luildina 11 vaa included in the Planned Davalo,..nt vhlcb vaa approved by tha City Council on Key 15, 1919 . Adopt tha Orcllnanca approvtna a laaaa between tha City of f!n&lavoocl and tba Svacliab Medical Canter and Svacllah Medical Canter Foundation for alr rlfbte for a padaetrlan overpa11 over !&at a..pdan Ave .... ~IIII.I uncTI The padeatrlan overpaee vUl Jncreaea tha safety of padeeutau •rortau . The padaetrlan •t~D&l and croe8Walk bava not provlct.cl adequate prot rlon for padeatrlane and tha padaetrlan croa alk baa been an a"r.vatlon for orlate . Thla alternative wlll ~rove traffic and r.ctuca tha potential for padeetrt n/autoeobila accidante I • • • • It ia the reca..endation of the ataff that the Ordinance approvina a leaae aare ... nt betv.en the City and Svediab Medical Center and the Svediab Medical Center Foundation be approved. I • • - • • • • • Aft .. aeeant fo~ the conatruction of a pedestrian overpasa a~d fer a pe!estrian lnar••• a~• ear••• ac~o•• aal' ovarpaaa. The 1owaat point on t~a bottoa of aai4 ovarpaaa la at an elevation of S.SSt.l6 feat U.I.O.I. datu:. The horiaontal p~ejactloa of aald •••·~~ la •••crib .. ea fo11ova& · •A parcel of land altuatad in a part of Eaet Kaa)dta Avenue and a pan of the 1&-1/4 of lactloe 34. TWIItlal) 4 lwtla, .. 1111 61 Veat, &ad a part of the D-1/4 ef lectl .. J, Tovaelalp S leutla, &ana• 61 Veat · •f the 6th'·"·· Clt7 of laalevoo4. Coaet7 of lraJtaoe. Ctata ef Colorado. \eina aore pa~ticularl7 a .. crib .. 11 foU••: CX»>CCIICJlQ at d1e lout1Maat con•~ of aa!.d lact!.oa S4a theace V11tul7 alona t~• lout\ llae of .. u Sactioa U. • Uateece af ,0.0' feet, to a point oa the V.at d&ht-ef-wtJ Una ef S...tla Clan•• lueat -t••••• lo•tla; d:ar~ct lion\ a1 .. 1 eat• eat••••• Waet ~lalat-of-vaJ llaa a •t.etaaca af 25.0 feat ta t~ latanectl• af aal• Vaat ~!.&lat-r-•1 U.na af s .. tla Clark11a Street wltt. tlla llanla l'l&1at-•f-a7 U.aa af laat llaapha A-11111111 t.heace WeatarlJ, alona ed4 ~tla l'lalilt-ef-wa7 Una ef laat lal94• ...... • Uatuu af UJ.JS fHt u t~ Tall toJJIT or IIGUIIfliC; tMMa lwt~ar17 • a 4er1ectlaa ••ala u tile 11ft or to•oo• 00" a Uet ca ef JS.O fHt u • pebt • t ... t t17 rla1at-ef~7 Uu af .. u tan...., .. Aweeta~a t"-u ~•tar1J • a ••f1acti• a ate tt t\a dallt af to•oo•oc•. ••• alOftl .. ,, '"'-dala:-of-wa7 Uae. a iinaxa af 11.00 f .. ta t a .. rt r1J, • a danMtl• uata u t rlalat af toeoo•oo-. a 4buaca •f SS.O f"t tt a palat • •at• llanlil dalat•af-•J llaaa tllt1tce laatarlJ •• • hfltcth• .... le te t • rtalat ., toeoo•or .... ale.aa .. u .. rtla rl&111t-f"11•7 1lae • Dlece.ee er 11.00 '"'-u t Ta\."S I'Oin or »&GUIIIUG a couaiaba tto .... ,. feat (O.OU tCI'ta) ..... er baa•. .· ' • • ~ ' . . . . . ; EXHIBIT A • • • t t . . (H)JlWCE t«>. smiES CF 1989-- ,. A BILL l'CR • • • I I a_, AN (H)IlWCE APPlDIIl«< A LEASE BEnEDl 'DIE CITY CF El«iilXXX> Nl> SWEDISH ME I, L'lD. Nl> SWDISH Km II P~ TO CBrAIN AIRSPACE 01/'Qt PUBLIC S'lm:ETS. ~. it is necessary for the health, safety and welfare of penons in the ~ty using SWedish M:m I and SWedish ME II buildings to have a safe means of foot access between parkinq facilities and ME I and ME II; !Of, 'liiEiCQtRE, BE IT ~ BY 'DIE CITY CXXN:IL CF 'DIE CITY CF 1!2\G'lXXX>, ca.£ltADC), 'niAT: Sectiat 1. '1'he leue between the City of Englewood, Colorackl, and SWedish KB I and SWedish KB II for ainpace CNer public streets is hereby ~-'1'he leue C)l!nerally ca1tains the following pE'Oifisions: 1. 'l'he City of f)lglftiOOd (Leuor) leues a 11p110e CNer East Klnpden Avenue between South waahinqton Street and South Pearl Street, not less than sixteen point five ( 16. 5) feet KlaYe Mid street at its preMnt gr~. ei~ (18) feet in width, and Mid ~~p-=e mall not be~ than twenty (20) feet above its lowest elevation dHcribed as follows: An au a•t for the ocnst.ructiat of • peditstrian c:MrrpAU and for • pedestrian ingreu and egreu -=rca Mid overpua. 'ftw lowHt point at the bottaa of Mid CMU'piiU is at an elewtiat of 5,359.16 f u.s.G.s. dK\a. 'l'he horiZICntal pi'Oject.iat of Mid .... at is dncru.d u folla.: •A parcel of land situM:ed in • put of BMt lllllpdln ~and • part of U. 1 /4 of 9sct.ial l4, 'l'cMWhip 4 Scuth, a..,. 61 • ~ • part of the; l /4 0 9sct.ial 3, 1\:M\stU.p 5 South, 61 of the 6th P •• , City of lb:)t.aod, County of AniDAI".o~t ():)1 ing particularly dHcriJbsd -1- I . • • • 90000•oo• a distance of ss.o feet to a point oo the Southerly right~f-way line of said East~ Avenue; thence Westerly oo a deflection angle to the right of 90000 • oo•, and along said South right~f-way line, a distance of 18.00 feet; thence Northerly, oo a deflection angle to the right 90000 • oo•, a distance of SS.O feet to a point at said north right~f-way line; thence Easterly at a deflectioo anqle to the right of 90000 • oo•, and along said north right~f-way line a Distance of 18 . 00 feet to the 'l'RlJE POINT CE' IB>IRm«<: ocntai.ninq 990 square feet (0.023 acres) mre or less•. 2. said leue ehall run for a period of twnty ( 20) years frclll the date of the ~ion of said leue, pcorided, hclwleYer, that Ieanl!s lillY tenDinate said 1--at lilY t~ &Iring the o.nty-( 20) year period by giving Leuor &» notice at leut cne (l) yoMr prior to teminatiat date. lAuer and Les..-... to negotiate in qood faith for renaal of the term of the LeMe ~ the recp!St of r na or either of thaa. 3. 1be rental ~lble to Leuor under Mid lell8e ehall be the - of Ten Dollars ($10.00) per year, to be paid in ...al insUl~, the fint piiJWiil beinq &Je ~ pMUIJe of this Cllr'diMnce, and future annual ~· to be &» thirty dllys pdor to the annual ..U venary date of said t.eae. 4. IA I Till CICIIMMnt and ~ that ~ .-cution of said X.... vith Lessor, they vill in ct.. ~ CXJnStr\lct and enct in ttw 1 ~.an encloeed pedlstrian *Ytrld!Je ~ CIOI1IWCU ttw pllrking at.ruet:ur'e 10C8ted ecuth of s.t ----to ttw ped!~Rrian aqt:lrid!Je ~ just north of ,..,.._, ~ aqt:lridl)e to be ccnst:.ruJ::t.s vill be u.d -ttw of putting str\ICbar'e and off ice tuildinga • rnpecti ly, by of ttw • • • 8. In the event the City should require the use of, or take part or all of said office buildings or parking structure connected by the pedl!strian skybridge, the Lease would terminate. Lessees shall pay such charges as may be incurred by Lessor for renDVal of the facilities, utilities or structures bet1.leen the street lines or under the said pedestrian skybridge. 9. Lessees shall not place any sign at the outside of the structure. 10. In the event of the desttucticn of said stxucture by an act of God, public eneaies, or by~ of riot or irwurrectim, the leue shall terainat:.e and l.aii!S shall nat be~ to pay any further rent to Leaar, unlea I .. III!S raconstruct the structure., Ling within one year of the d~~Rructicn. 11. Leuor -.y enter ~ said ~ to view the constructicn of the st.ructure In! requift ""' In! all ra: 111 ary npairs and alteratiaw thereto for the public safety In! wll4»ing. U. In the ...m of def.Wt of ~, Leucr -.y declue the tem of said leMe endlld In! -.y take pcwussicna of the st..ructur.. 13. l¥ln teminatiat of l .... ' x .. u .. shall yield ~ the ... without further notice In! ~ the 11tructure to be ·~ or dlllolist.d. s.cticn 2. ~ MII)'IX lnd City Cledt ... t.nby aathadad to lliCJR lnd atteet Mid 1 ... foe In! en t.half of the City ec.n:u lnd the City of lhJ!MaJd. ~. r...s ill full, ...s s-et an tint ~ an the 17th dlly of JQ!y, ltl9. P\lblt.t.ct • • aill far • ~an dw 20tb dlly of .July, lJit. y. • .. - 1UR RIGifl'S LEASE 'l'HIS ~ is entered into as of the day of 1989 ~ and .-eng the CITY CE' flG.E1«XD, CXLCIWX>, a nuru="'·!":c~ip&l~~-- corporaticn, 3400 South Elati Street, Englewood, Color~, and SWEDISH M:8 I, a Colorado Liaited Partnership , and SWEDISH KIS II, a Cclor~ General partnership, SOl East s.pden Ave., Englewood, Cclor~ 80110. '1!w parties hereto hereby covenant and agree as follC~o~S: 1. 'lhe City of Englewood (Les.or) hereby agrees to leue a~ over Eat ~ Awnue between South Wuhinqton St.reet and South Peel Street' not len thin sixteen point five (16.5) feet lboYe said stnet at its pcaent gr.&!, eiqhteen (18) feet in width, and said space shall not be 1110re than ba1t)' (20) feet alxlYe its lowest elevation and is dncr.ibed u follows: M eu•eat for the oonst.ructicn of a pedest.rilll'l ouerpus and for a pedestrian ingress and egress across said ouerpus. '1!w lcwest point en the bottc:a of said overpass is at an elevation of 5,359.16 feet u.s.G.s. datla. 'ftw horizcnUl. projection of said~ is dnc:ribed u follC~o~S: •A pe.rc:el of land si~ in a part of East l:llllpim A,.._ and a part of the sr; 1 /4 of Secticn 34, 'l'ownllhip 4 South, Ringe 68 , lind a part of the; NE 1 /4 cf 911c:t.icn 3, 1'olonsh.ip 5 South, ~ 68 of the 6th P.M., City of Dlgl..aod, County of Ar..,.._, 9Ut. of Q)lorlldo, bein9 mr:e partic:ulaly ct.crihed • follows: • • .. - 2. 'l'his lease shall run for a period of blenty (20) years fran the date of the eacution of said lease, provided, l"tcweYer, that Lessees may terminate said leue at cry time &lri.ncJ the twenty-(20) year period by giving Lessor dJe notice of their election to teDIIinate said lease in writing by registered or certified lllllil, at least one (1) year prior to termination date specified in said notice. Said tennination shall nat becale effective until the structure is cx::apletely rsn::M!C!. Lessor and LesBeeS agree to fle90tiate in good faith for~ of the teDI of the Lease upcn the~ of Lessees or either of thaD. 3. '1'he rental payable to Lessor by Les._. wder this leue shall be the -of 'l'wl Dollars ($10.00) per year, 1otdc:h rental shall be paid in annual instal~. the first payment being dJe upcn passage of the ordinance by llnrJl~ City Oouncil ~ this leue, and future annual ~ to be &. thirty dllys ~ior to the annual. ..U versary date of said leue. 4. LesiOIS oownant and agree that upcn exacution of said leue with Leuor, ttwy will in &. coune construct and erect in the l....S airspKe, an ..::1~ ~an skybridr)e 1otdch CXJII..cts the parkinq structure located 80Uth of r..t lllllpdln A,....._ to the pedntrbn skybridge lc:x:aud just north of Eat ~ ~. ~ch Mybridge to be ocnstructed will be u-s for the ~of pedntriena -=nr; the parkinq st.tucture and n.o ofiice l:luildings owned, respecti ly I by uch of the two LHMH. 5. X..... shall hllw plena and specifications for said structure pnpenad by • ~ister.d pE'Ofessional eng!Mer and~ by the City's llnrJineer and City IIIU.ildi.niJ rn.p.c:tcr. ,. 8t.rUcture shall be CXIIIPletad in .,_., x.pect. accordi.n9 to said plana and l!l*=ificatiaw and to the satiafction of the re¢atend prat_.ional enrp.n.r who shall all*Vi• the oarwtnc:ticn tNnof. Lesllll shall further cbtain the .... .-y pemits fr<ll t.-.or for the oanat.ruct.ion of said 8t.rUcture and~ all ~ f for the 1 and ~ly th all bulletin; and 101\J.nq recJUlations of the City of lftJlelelod and the of Colorado, 1otdch shall at fft'J t be iipplicable to partic:War ~, or the carwt.Netion and IIILi.ntenlllce thereof. ad ly ain said ~ and rei)Ulate the OCI:'IIP .. :Y tJ•.ot .o thlrt the stnacture or the u. vill not be • P*'*"'• or pccpll'ty of the public 1.n1J the I . • • - dismantling of said structure or frau the collapse of said structure which Ifill'/ arise by reason of any material or thing whatsoever falling or being thrown fran said structure. A certificate of insurance in said Sl.ftS to such effect, including Lessor as a party insured, shall be deposited with the City Cleric of the City of E)lgle«led prior to the oonstruction of said structure. Mini."'UUI cover1119'! for the benefit of t.~ City shall at all tiDes be the alll:lWlt of maxir.un liability for cities under the Colorado Goverment&l !Jmllnity 1ct. SWedish I'D I and 9oledish KIS II IICjree to indl!lmify and held hanlless the City of E)lglewood, its officerw, fS!t)loyees, insurers, and self-insurance pool, frcn and aqai.nst all liability, cla!Jfts, and dl!aands, on i!lCXXllllllt of injury, loss, or ~, of any ltind W1atsoeYer, lot\ich may arise ~ of or are in lllrJ ~~~~nner ocnnected with this Leue. If such injury, loss, or &n.ge is or is clained to be cau8ed in whole or in part by the act, anission, or other fault of s..dish 1'01 I and sw.dish 101 II, or ~ partner, officer or q>l~ of SWedish 1'01 I or s.dish KIS II, LesleH IICjree to investigate, handle, respond to, and to provide defense for any such liability, cla!Jfts or cBMnds at the .ole expenM of 9Wedish KIS I and 9Wec1ish I'D II and agree to bur all other oo.ts .-wS expenRS related thereto, including court costs and reuonable .tt.omey fees. Leseees .tlall indla\ify and saw haDiless City, ita officers, .-ployees .-wS agents, -.J&inst my and all cl.-, ~~. -=tiona or calMS of .cticn and expe~IM to 11t\ich it or they 'IWf be subjected by reuan of Leaees' installation being l~tecS within .-wS acrou the property of the City or by reuan of ...y 1110rtt lbw or caiuion liD by Leseees, their ~ or -.ployees, in oomection with the oonat:ruction, operation, ~ic:ation, repl..-nt, .aintenance, rwpa1r or AIICft1 of Lesssss installation. If the oonst..ruc:tion of all or my part of IAssns• installation is to be perfcasd by an ir.dspendeut cont.rector l.mder oontrct with Lesu1s, IAsMn shall .o notify City and shall incorporate the stipulations and conditions of this s:.... into the c:ont.rct ~ificat.ion and c:auM Mid iJM!Ipeideut oontrector to, prior to OCII_,C.:.nt of the~. licerwed .-wJ bondscS in ~ and with OCII'*~ satisf ry to City, "*'ich will protact City ~ ...y la.s ex ~ l"eeiUl tincJ frca the ICIIl1t perf~ by the oontnctar. a. I . - • • • • 9. Lessees shall, upon dl!mand by Lessor, pay such charges as DillY be incurred by Lessor for the removal of any facilities, utilities or st.ructurea between the street lines and underneath the proposed structure 'IIIU.ch are lllllde necessary by reason of the ccnsttuction of the structure. 10. Lessees shall not place arry sign Cl'l the outside of the structure. 11. In the event of the destruction of said structure by an act of God, pj)lic enemies, or by reason of riot or i.nsurrectiat, this le.ue shall tenninate, and Lessees shall not be required to pay any further rent to Lessor. Howl!!ver, in the event Lessees shall reconst.ruct the st.ructure, or arry porticn thereof dl!molished, oameucing within cne year of the destructicn, Lessees shall pay rental for arry period &lring ~ the structure -. dest.royed and inoperative. 12. Les8or, by its officers, agents or t~~ployees, may at all reuonable times enter ~ said daRised area to viev the oondition of the structure and ~my ..cS all neoeuary repairs and alterations thereto for the public safety and well~inq. 13. In the event default shall be IMiit at my tiDe by Leuees in pil)'lll!llt of rent and such default shall continue for a period of thirty { 30) days after written notice t.hereof by reqistered or oertifad mail to Leuees by Leuar, or if default shall be laBde in arry of the other tem. ..cS oonditions to be kept, ol:lMrved and perfaa.d by x.es..., and such ~aul t shall continue far thirty {30) days after written notice~ by registered or certified Mil to LesMH fra1 t.uor, then t.uor ..y at my tu. t:.hereafter, prior to the procurinq of such ~ault within r.MOMble U.., dllclare the te111 of said leue ended ..cS tc:ai.nated by giving I•rr 11 written noti.oe of such tnt.ntian. And, if pounsicn of the~ u. is not ~ately au:z•iidand, t.uor -, re-4nt.er therecn fac ponnaicn itself ~ ..cS dlclan said leMe to be t.er.ainated. In IIUCh ewnt, IAS.r -.y nqW.i'e that X.. I I II ~ and dlaolillh said at:ructure at their CM\ ....... at' Leuor.., ~at' dlllolish said structure 11'14 NqQire the ~ of the ....... ther:eof fna LeuMs to IAI80r within thirty ( 30) days thenafter. 14. ~ t:ezainaticn of 1 , IAIIIII and Lltl80l' fuz:thu c:xJNMnt and .-that t.-•n• lhall yield ~ the u. without f'ul:the.r not.ice, but befcn the ~ane4t.c of said u., LHn11 lhall c:a.e the ~ to be ~llehed and ..cS tht -.. iW'tUmed to thl oonditicn • it "'a in • "'-' fint Al4 by • In the of the fail\Jn of s:.s... to 80 4 (6) ion 1 • t!wy lhall of OW ~ lW11 CtlOO ) p:lel .... icn of 4 the --..Lrln~ t.llilmtliK d 15. 0 I . • • • IN WI'lM!SS W, the parties hereto haw signed this lease the day and year fint above writun. IZSSCit: Attat: Pm 1. crow, City a.at t,psc;rps: a.DISR KB I, Ltd. , a Colorado IJait.d Partnenhip ~~~~~~~~~~~ A. Dll\li1111yiilld, iiiMijliiiJ a..ral Partnu a.DIIII ,.. II P.Nl"ft8 I p, • ColandD a.n.ral Partnenh1p ~ •A."""'-;=&nr:::'lr:et:r-;111y:;:=.:~h=:::ll;a:-, ... iiiN9ilili~=r=- a.n.ral PU'tDK I . . July 17, 1989 DIITUTID It sun souacz PUVIOOI COUIICIL ACTIOII • • .. • COUICIL COKMURICATIOR AGDDA ITE!I 11 (b) SUBJECT Acceptance of ROW Dedi- cation for Cul-de-sac in 3400 block of S. Pennaylvania fro• Swedish Medical Center Dapart.ent of c-ity Davelo.,.ant Richard S . Wanuah, Director of C~ity Davalo.,..nt The 366 .10' of th. 3400 block of South Pennsylvania Straat vas vacated by City Council on Kay lS, 1989 . Thi1 ri&ht·of-vay vacation vaa eub.ittad in conjunction with the Planned Davalo.,.ant (PD) eubelttad for s-dhh Medical Canter . Tha PD contained a partial cul-da-eac at th. eouth and of tha raaainina 3400 block of South Pennaylvania Straat 10 that care and/or ... raancy aqui.,.ant could turn around . ACTIO. ftOPOID Acc~t the rl&ht-of-way dedlcatlon for the ·~r·bead• cul-de·eac l~tad at Iouth and of the )400 block of South P maylvanla Straat . Thh dedlcatlon 11 in conjunction vlth the vacation of the eouth )66 .10' feat of the )400 bloc of Sou h P nnaylvanla Su at, and the Pl-d Davalcrpeant for 5 dhh Kadlcal Canter for property bounded by &eat C:tr·ard Ava , South Lo&an Street, &aet ~Ava South !Muon Str a . • • • • the west and south of this proposed dedication. The property is bounded on the north by Eleanor Dunn's property and on the east by South Pennsylvania Street. FINANCIAL There will be no direct financial benefit or cost to the City fro. this dedication. Swedish Medical Center has agreed to aaintain the 3400 block of South Pennsylvania Street, which would include this dedication. R£COIMDI)ATJCII It is the reco..endation of the Ca..unity Develo~nt Depart.ent that this dedication for a ·h .... r-head• cul-de-sac at the southern end of the 3400 block of South Pennsylvania Street be approved . • I . . • • • DESClllniON or PARCEL TO II! DEEDED FOR PENNSYLVAJIIIA STREET Tbat part of Lou 39 to 42. Block S. WEST VIEW ADDITION TO ENGLEWOOD. City of Enalevood. County of Arapahoe. State of Colorado. beina •ore particularly deacr:Uiecl aa followa: III!CINNING at the Northeaat comer of aaid Lot 42: thence Southerly alona the hat line of aaid Lota 42. 41. 40 and 39. a diatance of 11.71 fHt. to a poi.Dt beina 366.10 feet North of the Southeaat corner of aaid llock 5: thence Weaterly parallel vitb the North line of aaid Lot 41. a diatance of 25 feet: thence Northerly. parallel vith the hat line of aai4 llock 5. a diatance of 11.72 feet. •ore or leaa. to the North line of aaid Lot 42: thence !aaterly alona aaid North line a diatance 25 feet. •ore or leaa. to the POINT Or I!CINNINC: conta:LD:LDa 1.211 aquare fHt (0.051 acrea) •ore or leaa. lefer to bhibit •~r..• attachecl hereto and incorporatecl herwith. I • • • • •' • EXH I BIT 11A11 EAST GIRARD AVENUE (60'RO.W) 0 LOT41 W£ST VJ£W ADDIT.ION TO E'.NGL£WOOD LOT 40 100 SCALE ; 1'=50' EAST LOTI ' J.ll!.5 LO'tlt ~ UE 6 RESOLUTION NO • .11 SERIES OF 1989 • • • J) b A RESOLUTION ACCEPTING A RIGHT-OF-WAY DEDICATION BY SWEDISH MEDICAL CENTER TO THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A CUL-DE-SAC IN THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN CONNECTION WITH THE SWEDISH PLANNED DEVELOPMENT. WHEREAS, the City vacated a portion of the 3400 Block of South Pennsylvania by Ordinance No. 21, Series of 1989, for use by Swedish Medical Center for the iaple .. ntation of a Planned Development; and WHEREAS, a cul-de-sac is to be consntructed on the south end of the 3400 Block of South Pennsylvania to allow access to private properties as a condition of this vacation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THB CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The dedication of public right-of-way in the 3400 Block of South Pennsylvania Street for construction of a c ul -de-s ac to allow access to private properties is hereby accepted. A copy of s aid dedication is attached hereto and i ncorporated herein by reference. ADOPTED AND APPROVED this 17th day of July, 1989. Susan Van oylie, Mayor h rlc la k. Clerk c . _, f a rlcl a I. er I . • • • DEDICATION OF PUBLIC RIGHT-OF-WAY THIS DEDICATION OF PUBLIC RIGHT-OF-WAY made this day of , 1989 by SWEDISH MEDICAL CENTER, 501 E. Hampden Avenue, Englewood, Colorado 80110 (Swedish), to the CITY OF ENGLEWOOD, COLORADO, a municipal corporation (City), 3400 s. Elati Street, Englewood, Colorado 80110; WHEREAS, as part of the Planned Development proposed by Swedish Medical Center and approved by Englewood City Council, a portion of Pennsylvania Street in the 3400 Block was vacated for construction of a parking garage; and WHEREAS, as a condition to this vacation, a cul-de-sac must be constructed to allow access to private residences on the remainder of the 3400 Block; NOW, THEREFORE, Swedish, owner of the hereinafter described real property, hereby dedicates, grants and conveys to City for and in consideration of One Dollar and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, and by these presents does dedicate, grant, and convey unto City, for its purposes, all right, title, interest, and claim in and to the following described real property, situate, lying, and being in the City of Englewood, County of Ar pahoe, St te of Colorado, to wit: Tha par TO ENGL toll s: of Lots 39 to 42, Block 5, ST VIEW ADDITION D, being more particularly describ d as I . - • • • • • This dedication shall extend to and be binding upon the successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this dedication shall be construed as covenants running with the land. IN WITNESS WHEREOF, Swedish Medical Center, Grantor, has executed this Dedication as of the day and year first above written. Attest: Secretary STATE OF COLORADO COUNTY OF AL\PAIIOB ss. SWEDISH MEDICAL CENTER, a Colorado Nonprofit Corporation By The for~in9 instru.ent vas acknowledted before .. this __ day of , 1989 by as and as Secretary of swedish iidlcal Center. iOtary hbllc Address: I • July 17, 1989 DIITIATED l'f sun souacz raEVIOOI COUIICIL ACTIOII • • • COUNCIL COKKUNICATIOW ACDD4 ITDI 11 (c) SUI.JECT Acceptance of ROW dedication for ha.aer- bead at North and of 16' vacated allay betvaan S . Lo&an/S . Penn. in 3400 Block South Depart.ent of Co.-unity Devalo~nt Richard S . Wanuab, Director of Ca..unity Devalop .. nt The riJbt·of-vay vacation for the north portion of the allay between South Lo&an Street and South Pann.ylvania Street in the 3400 block vaa approved by City Council on Kay 15, 1919 . The allay vacation vaa aub.ittad in conjunction vith the Planned Devalo.-ent (PD) aub.ittad for s-dhh Kadic:.l C.ntar, and approved on Kay 15 vlth conditione . One of the conditione t.poaad by Clty Council vaa that the allay, prevloualy dealanecl to co.-ct vlth South Lopn Street, be radealaned vlth a ""-r·bead" cul·da·aac and tbara be no co.-ctlon to South Lopn Street . ACTIOII ftOPOIID Accept the allay dacllcation for a ~r -haacl cul·de·aac to be located at tba north and of ttwl allay be an South Lopn Street and South P nnaylvanla Street ln tba 00 block, ln conjunction vlth tha vacation of tha north 375 feat of the allay n South Lo&an Street and South Pannaylvanla Str at and t PD for S dlab tt.clh:al Cent r . I . • • • ... This dedication ia a direct result of one of the conditions for approval placed on the Planned Oevelop .. nt at the Kay 15, 1989 City Council aeetin&. The direct acceaa froa the alley between South Lo&an Street and South Pennsylvania Street waa to be eliainated ao that no vehicular traffic would be per.itted directly north of the En&lewood Apartaenta on South Lo&an Street. The property aurroundin& this dedication ia ovnad by Swedish Medical Center. The deaisn of this cul-de-aac baa been approved by aeabera of the Tech Review coaaittee, includin& the Fire O.partaent and Traffic Enalneerina. PIJWICIAL There will be very little, if any, financial coats to the City aa a result of this dedication . There will be additional area to be -intained by the City, but leu than if the allay ••tended to South Loaan Street . UCQMn 'DA TIOII The O.partaent of c-&nity O.velo.-.nt rec~nda that City Co\a)c:U accept the dedication for • •baaaar -haad• cul -de-sac at the north end of the alley between South Loaan Street and South Pannaylvania Street in the 3400 bloelt . I • • • OE!;CRIP.-IOIJ FOR A rUDLIC WCRE:;:; AIIIl ECnESS E.A!il::.M~IIT A parcel of land situated in a part of Lots 15 ind 16, and a part of Lots 33 and 34, and a part of the vacated alley adjacent to Lots 15 and 34 which is noil a 16 1 vide drainaaa ancl 11tility u .. •unt, all lyina vithi.r• Jloclo. S, WEST VH:'.I ADDI7ION TO WCLEWOOO, City of En&ll!'o~oocl, County of Arapahoe, SLate uC Culoud o , btin0 gore particularly de•cribed a1 toll~a; !tai~nina at t~t Southtaat eorner of Lot 16, aaid Jloek 5: thence Northwesterly alona the arc of a cunt to the ltft, bavin& a radius of 15,00 feet, a ce:arll anale of 50'00'00", and an arc len&th of 23.56 fu.t, to a 'point of tangency; thence ~eaterly and perpendicular to the East lint of Loti 15 and 16, a distance of 7.00 fttt: thence Northtrly and parallel with tbt said East line of said Lots lS •nd 1(,, • dh tanca of 20.0~..Je~; J~t~!a.!ft!IJ and ptrptn4icular to the F.u\ line of .. u r.ou 15, 1G,A3l ancl U, • dilunce of 60.00 htt; then e Sou her y and parallel with tht ~tit lint of ca!d Loti 33 and 34, a dictanct of 20.00 Cttt; thenco ~aaterly a nd fC tndiCII l ar to tho Woet line oC laid Lull 33 a nd J , 0 4iatanca of 7,00 !ttt tO e rOillt of curvature; thence :;o t tlttr:y alcr.g the arc of a curve to the left, bavina 1 radi a of 15,00 feet, a ce ntra ana o of 00°00 1 00". and on arc ltnath of 23.56 fttt to the Southwcot corner of said L t 33: thf, ct t;ort~erly a lor. the 'est line of uid Lot 33, a die 1nce of 25,00 fut to the Soutbl.ut corner of uid Lot 34: thence 'l.'tsur1y, a distance of 6. fttt to tbt Southtact corr.tr of ceid Lot 15; thence Southerly elo.& tht Eu li.ft o of 11icl tot 16, a cliotanu or 2S.OO het to the Point of leai""i &• 1 37 c uart t t, or 0.026 ecrt•. ort or ltll. • • • IC' WEsT VIEW ® AU£Y AOOIT TO £ LEWOOO • .. . I • I • • RESOLUTION NO. 0 "' SERIES OF 1989~ • • • A RESOLUTION ACCEPTING DEDICATION BY SWEDISH MEDICAL CENTER TO THE CITY OF ENGLEWOOD FOR A CUL-DE-SAC AT THE NORTH END OF THE VACATED ALLEY IN THE 3400 BLOCK BETWEEN SOUTH LOGAN STREET AND SOUTH PENNSYLVAI~IA IN CONJUNCTION WITH THE SWEDISH PLANNED DEVELOPMEt~T PREVIOUSLY APPROVED. I Je- WHEREAS, by Ordinance 20, Series of 1989, the City vacated the North 375 feet of the alley located between South Logan and South Pennsylvania Streets in the 3400 Block; and WHEREAS, a condition of vacating this alley right-of-way was that a cul-de-sac be constructed on the north end of the vacated alley to provide a turn around for vehicles using that alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The dedication of public right-of-way in the vacated alley In the 3400 Block between South Logan Street and South Pennsylvania Street for construction of a cul-de-sac to provide a vehicle turn around is hereby accepted. A copy of said dedication is attached hereto and incorporated herein by reference. ADOPTED AND APPROVED this 17th day of July, 1919. Attest: Patricia H. Crow, City Clerk I, Co l o r , o . _, Susan Van bYke, Mayor for th C y o f ru c py o h dele H. Cr I . • • • DEDICATION OF PUBLIC RIGHT-OF-WAY THIS DEDICATION OF PUBLIC RIGHT-OF-WAY made this day of , 1989 by SWEDISH MEDICAL CENTER, 501 ~pden Avenue, Englewood, Colorado 80110 (Swedish), to the CITY OF ENGLEWOOD, COLORADO, a municipal corporation (City), 3400 S. Elati Street, Englewood, Colorado 80110; WHEREAS, as part of the Planned Development proposed by Swedish Medical Center and approved by Englewood City Council, Swedish must dedicate to the City of Englewood certain real property for public ingress and egress; NOW, THEREFORE, Swedish, owner of the hereinafter described real property, hereby dedicates, grants and conveys to City for and in consideration of One Dollar and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, and by these presents does dedicate, grant, and convey unto City, for its purposes, all right, title, interest, and claim in and to the following described real property, situate, lying, and being in the City of Englewood, County of Arapahoe, State of Colorado, to wit: A parcel of land situate in a part of Lots 15 and 16, and a part of Lots 33 and 34, and a part of the vacated alley adjacent to Lots 15 and 34 which is now a 16-foot wide drainage and utility easement, all lying within Bl ock 5, WEST VIEW ADDITION TO ENGLEWOOD, being 110re particularly described as follows, to wit: -1 - -• • • Lot 33, a distance of 25.00 feet to the Southwest corner of said Lot 34; thence Westerly a distance of 16.00 feet to the Southeast corner of said Lot 15; thence Southerly along the East line of said Lot 16, a distance of 25.00 feet to the Point of Beginning, containing 1137 square feet, or 0.026 acre, more or less, as shown on attached Exhibit •A• incorporated herein by reference. Swedish warrants and represents that it is the fee simple owner of the subject property and that it has full right, title and authority, and that this grant is effective to grant and convey to the City of Englewood the within described riqht-of- way. Swedish Medical Center further covenants and agrees to indemnify, defend and hold City harmless from and against any adverse claim to the title of the subject property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. This dedication shall extend to &nd be bindinq upon the successors and assiqns of the respective parties hereto. The teras, covenants, aqree.ents and conditions in this dedication shall be construed as covenants runnin9 with the land. IN WITNESS WREREOP, Swedish Medical Center, Grantor, has executed this Dedication as of the day and year first abov written. Attest: ... SWEDISH MEDICAL CDTD, a Colorado aonprofit Corporat on By c • - • • MEMO TO: FROM: DATE: RE: Mayor Van Dyke and Member• of City Council Rick DeWitt, City Attorney July 12, 1989 • • • Perforaance Chry•ler/Plymouth/Yugo, Inc. 5001 South Broadway We reque•t that Council , by .ation, authori ze d i•ai••a l of thi• ca•e. bb ec: Dorothy n•, Allia an Director of Ca..unity Dev lo~nt I • • - • PR I VATE L I CEN SE (Nonexclusive) • • • THIS GRANT of a nonexclusive private license to BOY SCOUTS OF AMERICA TROOP NO. 92 (Grantee) by the CITY OF ENGLEWOOD, COLORADO, to occupy and utilize certain public property known as Centennial Park Lake, within the limits hereinafter more fully de s crib ed, i s for the purpose of boy Scouts of America Troop No . 9 2 canoe handling education; providin g for the terms and c o nd i tions of this license ; and pro viding for the compensation to b e p a i d t o the City of En g lewood. 1 . A pr i vate lice n s e i s hereb y granted to boy Scouts o f AMerica Troop No . 9 2 , t o oc c upy , ma int ai n an d uti l ize publi c p r operty k n o wn as Cent e nn i al P a rk L ake . 2 . Thi s l icen s e is g r anted fo r a t erm o f three month s unless soon er t e rm i n a t ed according t o other te rm s a n d pro v ision s h erei n contained. 3 . Boy Sco u ts of America Troop No . 92 shall pay the City o f Englewood th sum of Ten Dollars ($10) for th license her in qr n d . Such consideration s hall b in addition to and exclusive of any ot h er t a x es or sp c i al assessments r equ i r ed by law o be paid by b oy Scou s of America Troop No . 92 . All sums p a y bl o th City o Engl wo o d her und r hall be pai d t o th Dir c o f Finance of th Ci y . s . llo n9 -1 - to h C1 y on l y . I • • • not use the lake without adult supervision, and they shall be reminded of this on a regular basis. d. This license is made subordinate to the right of the City to use said area for a public purpose, and in addition to any other reservations made herein, it is understood and agreed that should the City deem it in the public interest to use the above area, or any portion thereof for a public purpose, then and in that event, the City shall give Grantee one (1) day's written notice of its intention to cancel this license . Grantee shall likewise have the same right of cancellation upon giving the Ci ty one (1) day's written notice of its intention to cancel . In either event, upon the termination or cancellation by City or Grant ee , as the case may be, this license shall become null and void and Grantee, or anyone claiming any righ s under this instrument shall remove any improvem nts and encroachments from said area at Grantee 's expense . The decision of the governing body of th Ci y in this rna ter shall be final and binding upon all pftrties insofar as the City's determination as o he public necessity of the use of said area for public u e. e . I is understood hereo , that Gran ee term t I . • • • f. This license is subject to all state law, the provisions of the Englewood Home Rule Charter, as it now exists or as may hereafter be adopted or amended, and the ordinances of the City of Englewood now in effect or those which may hereafter be passed and adopted. g. The governing body of the City reserves the right at any time, for good and sufficient reason, to terminate and cancel this license, in accordance with the terms and conditions hereof, by resolution duly passed by said governing body , and all rights granted hereunder shall ther upon be considered fully ter~inat d and canceled, and the City shall not be held liable for reason ther of . Said resolution shall be final and hall no be ubject to rev ew by the courts. i. agre s and is bound y • RESOLUTION NO. ~ SERIES OF 1989 • • • A RESOLUTION APPROVING LEASE OF CITY GREENHOUSE PROPERTY TO DESIGN FLORAL SCHOOL, INC. FOR SCHOOL TRAINING PURPOSES FOR A PERIOD OF ONE YEAR. WHEREAS, the City was contacted by a representative of Design Floral School, Inc., trade name for Equestrian Services, Inc., a Colorado corporation, about leasing the City greenhouse facility to conduct school training; and WHEREAS, the School, as part of the lease, will supply the horticulture needs of the City during the term of the lease; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Lease between the City of Englewood and Design Floral School, Inc. for a period of one year is hereby approved. A copy of said Lease is attached hereto and incorporated herein by reference. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said Lease for and on behalf of the City of Engl wood. ADOPTED AND APPROVED the -----day of ------· 1989. A test: Susan Van DYke, Mayor Pa rlcla H. Crow, City Clerk RESOLUTION NO . ~ SERIES OF 1989 • • • A RESOLUTION APPROVING LEASE OF CITY GREENHOUSE PROPERTY TO DESIGN FLORAL SCHOOL , INC . FOR SCHOOL TRAINING PURPOSES FOR A PERIOD OF ONE YEAR. WHEREAS, the City was contacted by a representative of Design Floral School, Inc., trade name for Equestrian Services, Inc., a Colorado corporation, about leasing the City greenhouse facility to conduct school training; and WHEREAS, the School, as part of the lease, will supply the horticulture needs of the City during the term of the lease; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Lease between the City of Englewood and Design Floral School, Inc., trade name of Equestrian Services, Inc., a Colorado c o rporation, for a period of one year is hereby approved . A copy o f said Lea s e is attached hereto and incoroorsted herein by refere~ce. Section 2. The May o r and City Clerk are hereby authorized to ign and attest said Lease for and on behalf of the City of n lewood. DO PT!D .\ D Pa rich "· Crow, ci H. c 0 r . -· PROVED t e 17th day of July, 1989. y clerlt C:ro 1f t 9. uaan Va n Dyke, Mayor C1 'I ot co 'I 0 ngl ocS, soh~ ion I . • • COMMERCIAL LEASE PART I -GENERAL PROVISIONS 1. Parties. The parties to this lease are the CITY OF ENGLEWOOD, a Colorado municipal corporation, 3400 South Elati Street, Englewood, Colorado 80110, the Landlord (or Lessor), and DESIGN FLORAL SCHOOL, INC., Trade Name of EQUESTRIAN SERVICES, INC., a Colorado corporation, 3001 S. Federal Blvd., Denver, Colorado 80236, the Tenant (or Lessee). 2. Space Leased. This lease covers approximately 1 1 /2 acre s located on Union between Santa Fe and Federal Blvd. and includes two buildings presently known as the City of Englewood Greenhouse and Nursery Facility. 3. Term of Lease. This lease runs for a term of twelve aonths starting on September l, 1989 . 4. Signs. The display of signs visible outside the Tenant's space is governed by the following rules: l. prov Cur rent signs will be replaced at Tenant cost to a si•ilar style as presentl y exists. PART II -RENT TERMS This is a n w lease. T nant will pay no nt w 11 be responsible for tax s, h cos · 1es n4 all other opera ing xpens s sp e • In 44 tion, th T nan shall ing pro4ue s nd s rvic s: -• • • c. Tenant shall allow Landlord to keep up to 300 trees and shrubs in a holdinq area in the rear of the property. Such area cannot exceed 1/2 of the leased property without prior consent of the Tenant. Tenant shall provide water to such trees and shrubs but will in no way be liable for loss or damaqe unless throuqh neqliqence of Tenant. Insurance for the trees and shrubs, alonq with any Landlord personnel required to be on the premises, is the responsibility of the Landlord. 2. Us e. The Tenant will use the space for vocational traininq o f horticultural students a s outlined in its curr i culum as a pproved by the Colorado State Board for Co mmun i ty Colleqe s a nd Occup ational Education. The Ten a nt aqrees to get a dvance written p e rm ission from the Landl ord f or a ny changes in t he u s e to wh i ch the s p a ce is put. There s hal l b e no retai l s al es from th is s pace. PAR T III -REP AI RS AN D AL TERATIO NS 1. Condition at Start of Term . The premises are ready for o ccupation except that Landlord will provide qeneral cleanup and qradinq of the premises prior to occupancy . 2. Fixtures. All trade fix t ures, signs, equipment, shelving, appliances, etc ., installed by the Tenant remain property o f the Tenant , no aatter how they are attached. However, the Tenant agrees to repair any daaage caused by installation or re.oval o f fixtures. 3 . Alterat ions. The Tenant has the r i ght to make wo rkaanlike a ltera ions t o the preaises, at i ts ovn expense sub j ect t o p pro val , i n wr i ting, by the Landlo rd • • • 1. ln u ane ( 0 er and 'I -• • • manner connected with this Lease. If such injury, loss, or damage is or is claimed to be caused in whole or in part by the act, omission, or other fault of Tenant, or any partner, officer or employee of Tenant, Tenant agrees to investigate, handle, respond to, and to provide defense for any such liability, claims or demands at the sole expense of Tenant and agrees to bear all other costs and expenses related thereto, including court costs and reasonable attorney fees. 3. Tenant shall provide the City with a performance bond by an authorized bonding company pursuant to the attached performance bond before entering lease property. 4. If Tenant defaults, Landlord can keep the utility deposit, if required, and any crops in process in the greenhouse. Tenant will be liable for returning the premises to their original condition. s. Tenant is qualified to do business in the State of Colorado. 6. This lease will be governed by the laws of the State of Colorado. 7. If Landlord and Tenant become adversaries in any proceeding involving this lease or the Preaises, the losing party agrees to reiaburs the winner for attorney's fees. 8. Any and all ... ndaents and aodifications aust be written and signed by both parti •· Date Date CITY Or EMCLEMOOD , COLORADO a ~nic pal corpora ion, L ndlord ly S un Van DYk • ayor P rlda k. Cro DESIG FLORAL SCHOOL, I C. Trade of EQUESTRIAN SERVICES, I C., a Co l o rado corpor ion, T nant ly Ti 1------------------ I • • • PERFORMANCE BOND XNOW ALL MEN BY THESE PRESENTS that DESIGN FLORAL SCHOOL, INC., trade name of EQUESTRIAN SERVICES, INC., a company organized under the laws of the State of Colorado, hereinafter called the Principal, is jointly held and firmly bound unto the City of Englewood, County of Arapahoe, State of Colorado, hereinafter called the City, in the sum of Ten Thousand Dollars ($10,000), lawful money of the United States of America, as surety , for the performance of its lease, whereof the Principal, its heirs, executors, administrators, successors, and assigns, jointly and severally, are firmly bound by these presents. WHEREAS, the Principal has proposed to enter into a lease with the City for a greenhouse. NOW, THEREFORE, the conditions of this obligation are as follows: The Principal shall faithfully perform said lease and satisfy all ter•s and de•ands incurred for the s.... Should Principal faithfully perform the terms of the lease, said bond shall be returned to the Principal without interest. Should Principal fail to fulfill the terms hereof, then the City shall retain said bond to co~lete perfo~nce of the lease. Any retainage in excess shall ~ returned to Principal. Any ..aunt not covered by the bond shall entitle the City to collect said a.ount in any aanner permi tted by law. SIGNED AND SEALED h 1s _day o f ------' 1919. I THE PRES C OP: CITY y __________________ ___ I . - RESOLUTION NO. ~ SERIES OF 1989 • • • ;Lj h / / A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS AND COMMISSIONS OF THE CITY OF ENGLEWOOD. WHEREAS, the various boards and commissions established by the Englewood Home Rule Charter or the Englewood Municipal Code have certain terms of membership; and WHEREAS, because of resignations or expirations of terms from time to time, vacancies occur which require appointments by City Council or the Mayor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that the following appointments to vacancies and expired terms are hereby made: Section 1. Englewood Downtown Development Authority William Pendleton reappointed to a four-year term from 6/30/89 to 6/30/93 Section 2. Planning and zoning Commission Bruce Hoque appointed to fill unexpired tera ending 2/1/93 Section 3. Liquor Licensin9 Authority Glenn Waddell reappo~ted to a three-year tera fro 1/4/89 to 1/4 /9~ '1 Curtis Such appointe to • three-year tera fro 1/4/19 to 8/4/9 ~ v caney p r n 2/1/91 y 0 • v -y I • • • Section 6. Firemen's Pension Board William F. •shorty• Resley appointed to fill vacancy expiring 2/1/90 ADOPTED AND APPROVED this 17th day of July, 1989. Susan Van Dyke, Mayor Attest: Patricia B. Crow, City Clerk I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true copy of Resolution No. ___ , Series of 1989. Patricia H. Crow I • • KOLTAY: • • • ,1'-//J{;, 7jJ'ljl'1 YOUR HONoR, I HAVE ONE ITEM UNDER COUNCIL MEMBER'S CHOICE . IT'S AN ITEM THAT .... SEVERAL BUSINESS REPRESENTATIVES WERE PRESENT AT THE MEETING BETWEEN COUNCIL AND THE CHAMBER OF COMMERCE -THAT MEETING WAS HELD AT THE GOLF COURSE A FEW WEEKS AGO -AND SEVERAL OF THOSE BUSINESS REPRESENTATIVES ASKED WHAT THE CITY WAS GOING TO 00 WITH REGARD TO PARKING ALONG BROADWAY AS A MAJOR CORRIDOR. SEVERAL BUSINESSES ARE STARTING TO EXPERIENCE PROBLEMS AND THEY ARE PARKING CARS IN THE RESIDENTIAL DISTRICTS. THIS HAS HAPPENED AT BOTH THE A l A STORE AND I WAS CALLED THIS PAST WEEKEND ON PROPERTY ALONG BROADWAY AND CHENANGO WHICH NOW IS AN RV DEALER. AND I WOULD JUST LIKE TO BRING TO COUNCIL'S ATTENTION AND TO ALSO CITY STAFF, THAT WE NEED TO ADDRESS A LONG-RANGE PLAN IN THE AREA OF PARKING ALONG BROADWAY . THE BROADWAY CORRIDOR AND THESE BUSINESS ARE FACING PARKING PROBLEMS AS WE CHANGE THE PARKING ALONG BROADWAY IN SEVERAL AREA, AND I THINK THIS IS STARTING TO ENCROACH INTO THE RESIDENTIAL AREAS, AND I THINK PREDOMINATELY ALONG LINCOLN AND ALSO ALONG ACO - M. AND I THINK WE 'RE GOING TO HAVE TO AS A COUNCIL START ADDRESS - ING WAYS IN WHICH BUSINESSES CAN EXPAND THEIR PARKING AND WAYS THAT IT MAY BE ACCEPTED IN THE RESIDENTIAL AREAS . / 9 • • • 13--e . (!_ tt-C c ();.· I - . 1 -G- ;0 -G-- • • • PIESEIITm IY JZL7 n'" !/a/ Juu £ A-jJ J)- ~) ~ )/'//" -c-tl d~(·t1 _/ / {/ ' !/! 7 I • • • . . • A6EIIlA ITEM A PRESENTm BY --- It TS:·---~------I . - • • • • -· .........___,--' . . ... 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