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HomeMy WebLinkAbout1988-02-29 (Special) Meeting Agenda• • • 0 City Council Special Meeting -2/29/88 • • • 0 l tl. I . • (.14- 0'.£./._., .:5l ~~ I CJfP tu :•(' l I )}it 7? lc 'I, 0 # (0, 'l I I I I . # I // ~ I • I • • ,. • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO S tal Session February 29, 1988 The special Meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:30 p.m . The invocation was given by Council Member Koltay . The pledge of allegiance was led by Mayor Van Dyke. Roll was called: Present: Council Me~rs Hathaway, Koltay, Kozacek , Bilo, Habenicht, Clayton, Van Dyke Absent: None A quoru• was present . Also present: City Manager McCown City Attorney DeWitt Assistant City Manager Varga s City Clerk Crow COUNCIL NOIIEl lOZACDt NOVm TO 111• FOIIIND MDmA ITEJt 11110. 2 -A lESOlUTICNI OPPOSI. A PlOPOSED SAlES TAl IN TH£ CITY Of DlllEVOoD TO CCNISTilUCT THE E-470 IELTlMY. Ayes : Nays : Abstain : Abs n on carrttd. Council "'-bers koltay, Hathaway, Kozacek, Habenicht, Bllo, Clayton , Van Dyke None None Non e I Englewood City Council Minutes February 29, 1988 -Page 2 • • • would delay the completion of the Santa Fe corridor. Council Member Hathaway commented that she would vote in favor of the resolution based on the fact that she would like ~re options of where to put a .4, sales tax which would have a ~re direct benefit to the City of Englewood and its residents than E- 470. Council Member Clayton agreed that if we were to approve a tax increase the 1110ney should be spent on the Santa Fe corridor. He further stated that this Council should urge the E-470 COMMittee to look for user funded sources instead of increasing our ca.petitive disadvantage. RESOLUTION NO. 8 SERIES OF 1988 A RESOLUTION OPPOSING A PROPOSED SALES TAX IN THE CITY OF ENGLEWOOD TO CON-STRUCT THE E-470 BELTWAY. COUNCIL MOllER KOZACDt NOYm, COUNCIL MEMBER HABENICHT SECONDm, TO APPROVE RESOLUTION NO. I, SEIIES Of 1111, 1111 OPPOSITION TO E-470 IEllliAY SALES TAX. Mayor Van Dyke asked If there was anyon present who wished to address Council concerning this -.tter. John Arnold, Executive Dfrec or of E-470 Authority, 9999 East Yale, Denver, gave a brlefl119 about E-470, statl119 that £-470 fs a local govern.ent road bel119 created by the counties of Arapahoe, Ada.s and Douglas and the City of Aurora. He explained the corridor concept and the alternate revenue sources which were under consideration, statt119 the projected cost of E-470 was Sl billion. He stressed that the proposed election scheduled for Miy 3 would undoubtedly be postponed, and he urged Council to postpone action on this resolution. Mr. Arnold responded to quest ons and c~ts of Council. Mayor Van Dyke thanked Mr. AMIOld for appear "9 before Council, statl119 she hoped this Issue W04.1ld be dlscuued furt r nd that t 1 nes of c-.ntcatlon should be k pt open . Howard McC,_.r, Pres deftt of t Creattr "91-.ood Ch r of C ret, 3925 South Kal th, speaking on alf of t Ch r, stated Its opposftton to th tu based on t p t tu s dfscr •in1tory 1 Engle.ooct will rece ve little or no fits . I . Englewood City Council Minutes February 29, 1988 -Page 3 • • • It was stressed by Council Member Habenicht that the resolution under consid- eration does not oppose the construction of E-470, only the inclusion of En - glewood in the taxing district. She further stated she felt that opposition needed to be made at this time. Council Melllber Clayton also expressed his concerns about making a strong state.ant in opposition to the proposed increase of sales tax. Mr. Harrison replied that he felt a concise plan could be put together and that the .are flexibility we have in working together the .are we can acca.- plish, that we needed .are ca..unication between the parties. Council Me.ber Kozacek ca..ented that he was certainly in favor of better ca.- IIUnication, stating that the Council should have been asked for input before any action toward an election was proposed. Mr. Arnold responded that the E-470 ca..ittee had offered to present this in -fo~ation earlier and that they were still willing to do so at any tiae . Council Me.ber Bllo stated he did not feel this wa s an e-.rgency action. COUNCIL MEMBER BILO MOVED TO TABLE THE ~TTER TO COUNCIL'S REGULAR MEETING OF ~RCH 7, 1988 . COUNCIL MEMBER KOLTAY SECONOED THE MOTION . ~es : Council "--bars Koltay , Bllo, Van Dyke Nays : Council Me.bers Hathaway , Kozacek, Habenicht, Clayton Abstain : None Absent : None Motion to table failed and discussion continued . I Englewood City Council Minutes February 29, 1988 -Page 4 • • • Council MeMber Clayton was concerned that the momentum is for the sales tax, not necessarily the project, and he wanted to be on record that Englewood op- poses being included in the taxing district. Council Metlber Hathaway stated that residents she has talked to about this •atter are not opposed to E-470; however if they were informed they would have to pay another .4S sales tax toward its construction, they •ight feel differently. Council Mellber kozacek add res sed the City Manager to deten~~i ne a time when Council would be available to discuss this .atter further with Mr. Arnold. Council MeMber koltay called for the question. Vote results on the .ation to ap~rove Resolution No. 8: Ayes: Council MeMbers koltay, Hathaway, kozacek, Habenicht, Clayton, Van Dyke Nays: Council MeMber Bilo Abstain: None Absent : None Motion carried. Council Metlber Habenicht reiterated that she does not oppose E-470 or any of the other 470 's, stating that the beltway is necessary for the whole ~etropolitan area. Council "'-bar Bllo ca..ented that he felt Council had acted as If this re a crtsls ·lssue. He further felt Council could have looked at the Issue a little longer to deter.lne what this resolution would do. He explained that he had voted against the resolution on that basts; however, he is opposed to addt · ttonal taxation upon the City and not tn opposition to E-470 . Councfl r Koltay I91'Md that perilaps Council's decision on this resolu · tlon could have bMft delayed; howv r, did fHl that n th pu ltc h ar- ng ts ld, £ng1 's resolution In opposition to being lnclud tn t tu dlstrtc should pre ted to t c Itt . c t1 for gov • • • Englewood City Council Minutes February 29, 1988 -Page 5 • • • Lois Lighthall, 1540 East Girard Place, stated she wished to suggest a viable co.pro.ise in the matter of pen.itting signage on Hampden and Englewood Park- way as proposed by the EURA. She felt this compromise would be in compliance with the present sign code. She suggested that the EURA, not the developer, instill a sign on Englewood city property. Under the Joint Sign Section of the Code a sign could be installed which would advertise Market Place, Trolley Square, Lincor and the anchor stores, with the sign on private property, not State Highway right-of-way. Ms. Lighthall provided Council with the specific code citation -Section 16-4 -1 9-9e(4) -Joint Identical Signs. Mayor Van Dyke and Mayor Pro Te. Clayton both stated that Council was of the opinion the Board of Adjust.ent and Appeals had ruled properly in the variance request and that the Board was proper in upholding the code. Ms. Lighthall also suggested as another alternative that the individual anchor store na.es be dropped fro. the sign and only have directional signs. Ms. Lighthall and other interested parties were invited to attend the briefing during the recess. MYOI VAll DYU CALLm FOI A lfCESS AT 1:40 P.lll. The special .. eting of the Englewood City Council was reconvened at 11:05 P·•· Present: Absent : A quoru. was present. Counctl "'-bars Koltay, Hathaway, Kozacek, Habenicht, CltYton, Van Dyke CCM.tnc11 Mellber Btlo A Bill for an Ordinance graflting to t £nglwood Urban R right to use .unictpal right ·of ·•~Y was cOftsidtred . al Authority 1 CW.C:Jl Bill II CLAYTC*, WAS READ BY Till : R£ AUTHORITY 1L Ill - Englewood City Council Minutes February 29, 1988 -Page 6 • • • would vote to approve the Bill on condition th~t the provisions of the Sign Code be reviewed. Council ~r Kolt~y felt the sign w~s ~ cruci~l ele.ent of the development ~nd that he hoped it would prove beneficial to both parties. Mayor Van Dyke called for the vote : Ayes: Council Metlbers Koltay, Hathaway, Kozacek, Clayton, Van Dyke Nays: Council Mellber Habenicht Abstain: None Absent: Council Mellber Bilo COIIICIL ...U ltOLTAY MOVED TO ...... The •eting adjourned at 11:17 P·•· City Clerk I • • • NOTICE OF CAll BY THE MAYOR FOR A SPECIAL MEETING OF THE CITY COUNCIL MONDAY, FEBRUARY 29, 1988 7:30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special ... ting at City Hall, 3400 South Elati Street , for the purpose of taking action by ordinance, or other appropriate -.ans as follows: Call to order, invocation, pledge of alleg i ance and roll call. 1. To consider a Bill for an Ordinance granting to the Englewood Urban Renewal Authority (EURA) 1 right to use .unicipal right -of -way . (Copies available at -.ettng .) 2. To consider 1 Resolution opposing 1 proposed sales tax in the City of Englewood to construct the E-470 Beltway. 3 . Adjou.--ent . ~~ . M. £0GM£NT Of R C IPT Of NOTIC£ I . . • • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL MEETING OF THE CITY COUNCIL MONDAY, FEBRUARY 29, 1988 7:30 P.M. 7 /'4 ... "~ lVI-7.·3C', .... The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special .. eting at City Hall, 3400 South Elati Street, for the purpose of taking action by ordinance, or other appropriate .. ans as follows: ~ ~ J ~Call to order, invocation, pledge of allegiance and roll call. ~,rJ[ 1ltr ~lf!_,l/. C 1. To consider a Bill for an Ordinance gr1nting to the Englewood Urban '5-' ~ Renewal Authority (EURA) a ri9ht to use .unic~l right -of -w1y . (Copies avathble at •ettng .) '¥=P-/ ,... --~ @ To consider 1 Resoluttorr"o(postng a proposed ..,..s•les su tn the Ctty of _-J ~~-Englewood to construct the E-470 Beltway . 1Y'~/1Skl-«.4i lllr'~ -~~ .. •ul ~ ~V.tJ 3 . Adjour,..nt. .a. s:~·~ I ; Andy McCCMI City ,..n•r ; , ~J ~ 11:os -y~~ ~...---~ 1/ .. ,,, •• NT Of REC 1PT Of liCE RESOLUTION NO. _1[__ SERIES OF 1988 • • • A RESOLUTION OPPOSING A PROPOSED SALES TAX IN THE CITY OF ENGLEWOOD TO CON- STRUCT THE E-470 BELTWAY. WHEREAS, The E-470 Authority proposes a .4~ tax on all retail sales in Arapahoe County to help finance construction of a beltway along the eastern peri~ter of the ~tropolitan area; and WHEREAS, the City of Englewood is located at the opposite end of Arapahoe County at a distance of approxiMately 10 Miles frOM the closest junc - ture with E-470; and WHEREAS, the i~osition of an added sales tax would rai se approxt - aately S1 .4 •tllion annually fro. Englewood .erchants, custo.ers and residents for a beltwlY that would be of virtually no direct benefit to the City of En - gl od, and WHEREAS , construction of E-470 could draw coa.erce and office ac - tivity fro. Englewood while citizens pay a tax for Its construe ton; and WHEREAS, the City of Englewood wish s to aaintain the health and KOftOIIic lhre of the cOMUnity; and WHEREAS, the citizens of Englewood flee a nllllber of other proposed taxes and f .. s to be iMPOsed by outside entitles: and REAS, the City of Englewood recognizes the n ed for a beltway to ~rove traffic fl tn the tropolttan ar a but will realtz lit le benefi or ls res ~ts . D REfOft • 1 n , as oll s : ,. Ctt of £ le · I - ( • • • • • ATTEST: City Clerk I, P1trlcl1 H. Crow, City Clerk of the City of Englewood, Color1do, do hereby certify th1t the 1bove 1nd foregoing Is 1 true, 1ccur1te 1nd coa -plete copy of Resolution No . _____ , Series of 1988 . P1tr ici 1 H. Cr ow I . • l • • .1 ORDIIWJCE NO. SERIES OF 191313-- • • • -------·--·--------- OY ALJ'n-IOIU'l 'Y A OIT...L FOR COONCIL BILL NO. 5 Hrl'ROOUCED OY COUtlCIL f.!IJ.1J3r:R ~-tn. AN ORDIN/\NCC: G!WlTWG TO TilE l'llGLO.aD URilAN RDIDIAL Alll,!ORI'l'Y (EURA) A IUGIIT TO USC: f.VNICIPAL RIGirr-OF -\JAY. III IERF..\S, pursuant. to agreement between Engle<..QCXl Urban Rene~al Authority (EURA) and the City of Englewood, the City agreed to cooperate and assist in the developrrent of WR!\. area; and ~~~. for a public purpose, it is necessary that certain property of the City of Engle-IOOd be utilized for the placC!T'Cnt of infornational structures; Me! IIIIERFAS, the EURA llCJ s tha it shall fully and carpl ely rcint>urs e the City for any and all li ility and expense. incurred in t l e cons tructlon of the struc urcs ancl he grMting of this right; the a.:r,\ further w rants and agrees th it sh."'ll require reir.bur , n t f o r My and all warrant1 s , gu.u-antees, ancl costs fran those ntlt es f!ixing t ir 1nformat1on to aid structures; Nal, TIIEREFCJU:, BE IT m.\I lED D'l Till: CITY COONCIL OF nn:: CTI'Y OF E:G.E1 I cot.cae.oo I AS F()LLO ... : 1 n ull , I - • I:~ • • • • • • • • • .. Published as a Bill for an Ordinance on the ,<?ei day of J_Jw!Af' 1988. Attest: Mayor Patr1c1a H. Crow, City Clerk I, Patricia II. Crow, City Clerk of the City of Englewood , Colorado, hereby certify the above is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the ~ day of ~~· 1988 • ._, I • - ..... ~ #J---:., •. • • • EXHIBIT "A" CONTRACT FOR INFORMATIONAL STRUCTURE PURSUANT TO AN IRREVOCABLE LICENSE THIS CONTRACT, made and entered into the day of , 1988, by and between the C~F ENGLEWOOD, ~c~oTL~O~RA~o~o~(~c~I~TmY~)-,~3~4oo south Elati Street, Englewood, Colorado 80110, and the ENGLEWOOD URBAN RENEWAL AUTHORITY (EURA), 3400 South Elati Street, Englewood, Colorado 80110; WITNESSETH WHER E S, pursuant to agreement between th EURA and th City, the City agr d to coop r t nd assist in the developm nt of EURA area; and WHEREAS, for a public purpose, it is n c ssary that certain property of th Ci y o~ nglewood be utilized for ~he ~lacemen of informational structur s; NOW, THERE ORE, in consider ion of he promises and cov n n s and o h r qood and valu able consid ra ion h r in contained, he parti a her o u u lly aqree as follows: 5 C"'ION l. TO US! RICUT OF WAY PROPERTY h to 1 h , I • • • • SECTION 3. SPECIFICATIONS FOR CONSTRUCTION OF SIGN The sign shall be initially constructed in the manner, size, and of the materials described in Exhibit 2 attached hereto. The EURA shall place on this sign the informational matter in conformity with the diagrams described in Exhibit 2 attached hereto. The sign may contain the name of the primary (anchor) tenants and the development. Any changes in content, design, engineering, materials (size, style, color, or any identified specifications on attached Exhibit 2) of sign may be made only upon approval of Englewood City Council by Resolution . The City, through its Director of Public Works, shall have the right to inspect the sign for purposes of safety or conformance with this Agreement at any time upon notice to the EURA. Should the sign be found to be an imminent danger to the public or not in compliance with thi s Agr e me nt, the City shall notify the EURA. The City may correct any defect th a t may be of imminent danger to the public and bill the EURA or its assignees of the sign for the cost of correction. SECTION 4. MAINT ENANCE , REPAIR AND REPLACEMENT EURA shall insp ct the sign ev ry si x (6) months, maintain the sign in good condi ion, including, but not limited to, commencing all necessary r pair to th sign within thirty (30) days to keep the sign legibl and ot a pl as ng ppearance; and hall replace the sign should i e ~ s roy d. All th oper ting cos s , maintenance, rep ir pl c en r quir d und r thi s agr ment shall b at th ot th EURA or its asigns . hh I • ....... • • notice thereof and may require the EURA to remove the subject sign. If this Agreement is terminated pursuant to this Section and the EURA fails to remove the sign within thirty (30) days, the City may remove the sign and the EURA will reimburse the City for all costs incurred in that removal . The term of this irrevocable license shall run in conjunction with the life of the improvements as defined in the June 17, 1987 Agreement for Disposition and Development between the Englewood Urban Renewal Authority and Lincor Properties of Colorado, Inc. for the property located at Block 1, Lot 1, Girard Place Subdivision, City of Englewood, County of Arapahoe, State of Colorado, and this irrevocable licen se shall terminate upon substantial d e molition of said improvements. This document shall terminate should the EURA fail to convey Lot 1, Block 1, Girard Place Subdivision, City of Englewood, County of Arapahoe , State of Colorado, on or before June 1, 1988 to he develo er for redevelopm nt. SECTION 7. RENT In consid ration of the !orcoing nd th mutual promises h r in contain d, the EURA agrees to pay the City T6n·Oollars • • ($10.00). SECTION 8. OWNERSHIP All a rue ures, quipm n , and m t ri ls pl c prop r y by EURA shall always r ma1n he property of, r mov d by, EURA any tim SECTIO 9. RHLESS upon th nd m y b or y I . • • • of Englewood may employ attorneys of its own selection to appear and defend the claim or action on behalf of the City of Englewood, at the expense of indemnitor; (ii) th e City of Englewood, at its option, shall have the sole authority for the direction of the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the City of Englewood . The City of Englewood shall give written notice to the EURA or its assignees of any act or occurrence involving a liability or cl aim , demand, or item of cost, or , as the case may be, indemnified against herein, within sixty (60) days after occurrence of such act or occurrence shall have come to City of Englewood's knowledge. Actual knowledge within sixty (60) days by the EURA, assignees, developers, and entities using the sign shall be a waiver of this notice requirement. EURA or its assignees agree to reimb u rse the City of Englewood for any necessary expenses, attorneys' fees, or costs incurred in the enforcement of any part of this Agreement sixty (60) days after receiving written notice that ind mnitee has incurred them. EURA or its assignees shall name the City of Englewood , as an additional insured or as a co-insured wi th insurance coverage for the City of Englewood in an amount not less than the maximum amount provided in the Colorado Government Indemnity Act for Home Rul~ Cities for general liability, personal injury and property damage during the period the sign is in use. th r c r i Withou hall b URA 0 0 1\ SECTION 10. ASSIGNMENT writt n pprova l from the Englewood no aaignm nt -4 - Lo pt • ro rty I • • • • • ·- SECTION 12. ENTIRE .AGREEMENT: .. BINDING EFFECT It is expressly understood by the parties hereto that neither is bound by any stipulations, representations or agreements not expressly contained herein and that this Agreement shall inure to the benefit and be binding upon the personal representatives, heirs, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. ATTEST: city clerk ATTEST: CITY OF ENGLEWOOD, COLORADO By----~~~--~~----~--­Mayor ENGLEWOOD URBAN RENEWAL AUTHORITY By -,!~x~e~c~u~t~l~v~e=-~oTI~r~e~c~t~o~r~------------ I . - • • • • • EXHIBIT 1 Page 1 of 2 SIGN IRREVOCABLE LICENSE DESCRIPTION COMMENCING at the SW corner of the SE 1/4 of SW 1/4 and considering the South line of the SE 1/4 of SW 1/4 to bear S 89050'22" E, with all bearings contained herein relative thereto; Thence N 76056'41" E, 319.31 feet to a point; Thence s 89050'22" E, 1.0 feet; Thence N 00002'38" E, 20.0 feet to the True Point of Beginning; Thence continuing N ooo0 2 '38" E 80.0 feet; Thence S 89050'22" E 6.0 feet; Thenc e S Q0002'38" w 89.0 feet ,, •. Thence N 89050'22" w 6.0 fe t to the True Point of Beginning; Containing 480.0 square feet, acre or less . •' • I I • • - <GR AY> r"L AD:,ILI ST S EWER M H <c ~·-'T O ELEV . 5 3 12. 6s • .t:WOOD :GL-')0 0 PARKWAY • • • • <or 0 ~r 304 .00' N 00002'38 " E ~ rJ 0 ~. r ~· ,,..--....... ~-~. l~ 12725 8 :: cJ ' 0 ~r --r-n ~ (\.1 1-" C:J -J :I-Pr \l U) 0 0 r-. ~ tlo&rN ~ \ .. •' ... ~ /_ ... • • • • -, ·-·· '··-.,. -..... ···'-----~--.. ::' ':" .... ~-------~~·a ·· -·--·-·---··-·--·· .. -····----r .--··---~~--•. ______ .o.. .. ··- / -/~-. !/;' . -. ~"'\:\ ·-! .. .:"' ''rr. . -·-.... -· -- I I 9~·· : 1·k DEVELOPMENT no.1 -----·-·· I . 'l:~':f --·- ANCHOR no.1 I ·' -+ I l IL ANCHOR no.2 ~~-,r= ____ _. ... .... .. ..... . .. I; \ I I . . ' . . , . . ; .I i ! I I ' j : ~.. I I ;! I! . ·,I . . ' I I . .. •1 'l ~ L v It J I o -~ I ~~ Lb !,._·' I , r n ,i • ~ !' ,,. •' . 'I . !I '· : . . . I i ~.' • !t i i -' --._.._ .... _~ --_ ..... -.... ~~-,.., ~-~ ~.._;J ·--··:-·.·~~:, •••••• _. ...... _:;;.. -.,..;--~"'::!_ ...... ~.--:-----~---.... -. . -·------. --.. ·-~--.. ... .._.... ··-·--·- I . -l{!,tT 2 I -• • • SPECS 1/8" ALUMINUM FACES. ROUT COPY FROM ALUMINUM SURFACE AND BACK WITH l/8" WHITE PLEXIGLAS. PAINT SURFACE GRAY TO MATCH ENGLEWOOD STREET SIGNS . DECORATIVE FACE: 3/16" PLEXIGLAS WITH HIDDEN RETAINER SYSTEM. COPY TO BE PAINTED ON FIRST SURFACE. BURGUNDY AREAS TO BE TRANSLUCENT; OTHER COLORS TO BE OPAQUE. CABINETS: 22 GAUGE PAINT-LOC SHEET METAL CABINETS. PAINT GRAY TO MATCH ENGLEWOOD STREET SIGNS. 5" ROUND TUBE HEAVY WALL STEEL SUPPORTS TO BE EN CASED IN CIRCULAR SMOOTH CONCRETE POLE COVERS, PAINTED DARK BLUE TO COORDINATE WITH COLOR SCHEME OF ENGLEWOOD STREET SIGN S . METERED ELECTRICITY. ELECTR I C SIGN. BAC KL I T P 9 2 of 2 I . ORDI!WlCE NO. SERIES OF 1988-- • • • BY AUTHOR I TY A BII.J.. FOR COONCIL BII.J.. !~. 5 Illl'ROOUCID BY COOllCIL HO·!BER CLAYTON AN OODI.NANCI: GRA!ll'l!«i 'ro THE T:lGJ:lnx:l URBAN REliDlAL AIJI'HORITI (amA) A RIGtn' 'ro USE l·l.lNICIPAL RIGtn'-OF -\lAY. llHEREriS , pursuant to agreement between Englewood Urban Renewal Authority (EURA) and the City of Englewood , the City agreed to cooperate and assist in the develq:rnent of FlJRA area; and llllEREAS, for a public purpose, it is necessary that certain property of the City of rnglewood be utilized for the plac nt of infornational structures ; nnd rants ra.nt1ea , 1cn to SAld IL Cl 'n CI'i"V • -• • • Published as a Bill for an Or dinance on the ..2nd day o f March , 198 8. Mayor Attest: Patricia H. Crow, city Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colora&>, hereby certify the above is a true cxpy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the .2.9.t.hday of February , 1988. Patricia H. Crow • • .. EXHIBIT "A" CONTRACT FOR INFORMATIONAL STRUCTURE PURSUANT TO AN IRREVOCABLE LICENSE THIS CONTRACT, made and entered into the day of , 1988, by and between the C~F ENGLEWOOD, ·c·o~t•o•RXDO .. .-~t•c~t·t~t~)-,-.3~400 south Elati Street, Englewood, Colorado 80110, and the ENGLEWOOD URBAN RENEWAL AUTHORITY (EURA), 3400 South Elati Street, Englewood, Colorado 80110; WITNESSETH WHEREAS, pursuant to agreement between the EURA and the City, the City agreed to cooperate and assist in the development of EURA area; and WHEREAS, for a public purpose, it is necessary that certain property of the City of Englewood be utilized for the placement of informational structures ; N , THEREFORE, in consideration of the promises and covenants and other good and valuable consideration herein con ained, h par ies hereto u ually aqre as follows: SECTION 1. IRREVOCABLE LICENSE TO USE liGHT OP WAY PROPERTY he -1 - I . -• • . . • SECTION J . SPECIFICATIONS FOR CONSTRUCT! N OF SIGN The sign shall be initially constructed in the manner, size, and of the materials described in Exhibit 2 attached hereto. The EURA shall place on this sign the informational matter in conformity with the diagrams described in Exhibit 2 attached hereto. The sign may contain the name of the primary (anchor) tenants and the development. Any changes in content, design, engineering, materials (size, style, color, or any identified specifications on attached Exhibit 2) of sign may be made only upon approval of Englewood City Council by Resolution. The City, through its Director of Public Works, shall have the right to inspect the sign for purposes of safety or conformance with this Agreement at any time upon notice to the EURA. Should the sign be found to be an imminent danger to the public or not in compliance with this Agreement, the City shall notify the EURA. The City may correct any defect that may be of imminent danger to the public and bill the EURA or its assignees of the sign for the cost of correction. SECTION 4. MAINTENANCE, REPAIR AND REPLACEMENT EURA shall inspect the sign every six (6) months, maintain the sign in good condition, including, but not limited to, commencing all neceEsary repairs t~ the sign within thirty (30) ~ays to keep the sign legible and of a pleasing appearance; and shall replace the sign should it be destroyed. All the opera ing costs, maintenance, repair or replacement requir d under thls gr em n shall b at the sole expense of the !URA or ita ssigns. Access to the property for any construction repair shall be only by prior arrangem nt and approval of the City's D r ctor of Pu lie works so that any dis urbance or interference with th Ci y•s uae of ita streets and righ • of way are inimized. SECTIO 5. his Agr cS y "". ehall c: AGilEEKE T nc on h hll I . • • .. • n o tire thereof a nd may r equ ire t he EURA to re ov the subject s i gn. If this Agreement is terminated pursuant to this Section and the EURA fails to remove the sign within thirty (30) days, the City may remove the sign and the EURA will reimburse the City for all costs incurred in that removal . The term of this irrevocable license shall run in conjunction with the life of the improvements as defined in the June 17, 1987 Agreement for Disposition and Development between the Englewood Urban Renewal Authority and Linear Properties of Colorado, Inc. for the property located at Block 1, Lot 1, Girard Place Subdivision, City of Englewood, County of Arapahoe, State of Colorado, and this irrevocable license shall terminate upon substantial demolition of said improvements. This document shall terminate should the EURA fail to convey Lot 1, Block 1, Girard Place Subdivision, City of Englewood, County of Arapahoe, State of Colorado, on or before June 1, 1988 to the developer for redevelopment. SECTION 7. RENT In consideration of the foreoing and the mutual pro ises herein con ained, the EURA agrees to pay the City Ten Dollars ($10.00). SECTION 8. ERSHIP All s ructur s, equ p nt, and materials placed upon the prop rty by EURA shall always remain the property of, and ay b r mov d by, EURA at any ti SECTION 9. HOLD HARMLESS I • • ,. • of Englewn o rl m \y e mploy attorneys of its own selecti n ~o appear and de f en ~ t he claim or a c tion on behalf of the City of Englewood, a t the expense of indemnitor; (ii) the Ci ty of Englewood, a t its option, shall have the sole authority for the direction of the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the City of Englewood. The City of Englewood shall give written notice to the EURA or its assignees of any act or occurrence involving a liability or clairn, demand, or item of cost, or, as the case may be, indemnified against herein, within sixty (60) days after occurrence of such act or occurrence shall have come to City of Englewood's knowledge. Actual knowledge within sixty (60) days by the EURA, assignees, developers, and entities using the sign shall be a waiver of this notice requirement. EURA or its assignees agree to reimburse the City of Englewood for any necessary expenses, attorneys' fees, or costs incurred in the enforcement of any part of this Agreement sixty (60) days after receiving written notice that indemnitee has incurred them. EURA or its a signees shall name the City of Englewood, as an additional insured or as a co-insured with insurance coverage for the City of Englewood in an amount not less than the maximum amount provided in he Colorado Government Ind mnity Act for Rom Rule Ci ies for general liab lity, person 1 injury and property damage during the p riod the sign is in use. SECTIO 10. ASSIG .MENT 'I • • • S ECTION 12. ENTIRE .AGRE EHENT: .BINDING EFF ECT It is expressly understood by the parties hereto that neither is bound by any stipulations, representations or agreements not expressly contained herein and that this Agreement shall inure to the benefit and be binding upon the personal representatives, heirs, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. ATTEST: city clerk ATTEST: CITY OF ENGLEWOOD, COLORADO By----~--~~~--~--~~­Mayor ENGLEWOOD URBAN RENEWAL AUTHORITY By --~~.~.-c-u~E~r~v-.--o~r-r~ec~t~o~r------------- I . -• • • EXHIBIT 1 Page 1 of 2 SIGN IRREVOCABLE LICENSE DESCRIPTION COMMENCING at the SW corner of the SE 1/4 of SW 1/4 and considering the South line of the SE 1/4 of SW 1/4 to bear S 89050'22• E, with all bearings contained herein relative thereto; Thence N 76056'41• E, 319.31 feet to a point; Thence S 89050'22• E, 1.0 feet; Thence N 00002'38• E, 20.0 feet to the True Point of Beginning; Thence continuing N 00002'38• E 80.0 feet; Thence S 89050 1 22• E 6.0 feet; Thence S oooo2'38• w 80.0 feet Thence N -19050'22• w 6.0 feet to the True Point of Beginningr • Containing 480.0 square feet, .are or less. -. - I . • • • 0 T :: rJ ' 0 ~1 --r .., : (\.1 ' .., l-. ~ " C"l ID co: • -. Cl J :J. A .to: WOOD \l &J) ~ r:J 0 0 0 f.J~ & ~ , 'I. Cl " N 1..-. . #,,. ... ./-. • - • • I ----------0 ---.----.-._. 4.,...-- ·=-·.· . ·-p 'a ,. ----................... -___,... +---..::a.ouu...._-+--------1-~UJ'/J .. l i)" ... '6_ ~-~::J ~ --I ''tr. -. -·-- 9~·· : t·~· DEVELOPMENT no.1 -----· I • r-v r· ---ANCHOR no.1 j ·' -+ I L ANCHOR no.2 ~ 4~·· I'-D" ,~· .. . .-~-~:;--~:~~~-~ ~--· ------·-· -- I j I • I ~ I • 1 .. . . . I .. ., j {!i ·I I . ' : • i I I 1'1 1- . . I I .. '"l ~ ~ r ~~ ~b ~L ,• ,]] I . ~r IR • . , . I· • . .. ·I ••• . • r ! I ' . . . i ~, • . I . ~~~ I ...1_ I -=· -I . I z.. • • • SPECS l/8• ALUMINUM FACES. ~OUT COPY FROM ALUMINUM SURFACE AND BACK WITH 1/8• WHITE PLEXIGLAS. PAINT SURFACE GRAY TO MATCH ENGLEWOOD STREET SIGNS. DECORATIVE FACE: 3/16• PLEXIGLAS WITH HIDDEN RETAINER SYSTEM. COPY TO BE PAINTED ON FIRST SURFACE. BURGUNDY AREAS TO BE TRANSLUCENT; OTHER COLORS TO BE OPAQUE. CABINETS: 22 GAUGE PAINT-LOC SHEET METAL CABINETS. PAINT GRAY TO MATCH ENGLEWOOD STREET SIGNS. S• ROUND TOBE HEAVY WALL STEEL SUPPORTS TO BE ENCASED IN CIRCULAR SMOOTH CONCRETE POLE COVERS, PAINTED DARK BLUE TO COORDINATE WlTR COLOR SCHEME OF ENGLEWOOD STREET SIGNS. METERED ELECTRICITY. ELECTRIC SIGN. BACKLIT p ~ 2 0 2 I . - orum~ , NO . SDUJ:S OF 1988-- • • • BY AIJI'HORITY A BILL FOO CXJJNCIL BILL !~. 5 nmo:xx:rn BY caJ!CIL l·nl·lBER CLAYTON AN CRDllWO: GRA!ll'Dl> TO 'n!E Il~OD ~ ROIDW. AlJI'OORITY (ElJRA) A RIGHT TO USE nJNICIPAL RIGHT-<JF-\~Y . IJiERE.\5, pursuant to agreercent between Englewood Urban Renewal Authority (IllRA) and the City of Dlglewood, the City agreed to OCXJ?erate and assist in the develClpTient of EURII. area ; and I:J:EREAS, for a public purpose, it is necessary that certain property of the City of !:nglewood be u ilized for the place-ent of infoiTiational ructures; a"'IC 1~, the ElJAA liCJTees that it shall fully and carpletely reintlurse the Ci y for any and all liability and expenses J.ncurred in the construction of the structures and t.hlo granting of this right; the IllRA further warrants Md -rr s ha it hall require reil;bur t for any and all warrantie , , u.e ca:~s f rCXTt t!lose e."ltitl.es affixing ~ir infOITiatJ.on to SAJ.d CIL OF 'nl!: CITY OF to the ten:w of the Olarter all J.nOOrporated agr; s, lty to use certain prqlerty in 11, -1 - l I • • • • Published a · a Bill f o r an Ordinance on the .2nd day of Marc h , 198 8. Attest: Mayor Patnc1a H. Crow, city Clerk I, Patricia H. Crow, City Clerk of the City of ~lewood, Colorado, hereby certify the aboYe is a true CXJPY of a Bill for an Ordinance, introduced, read in full, and passed a\ first reading a\ the ~day of February , 1988. Patr1c1a H. Crow I • • -• • • EXHIBIT "A" CONTRACT FOR INFORMATIONAL STRUCTURE PURSUANT TO AN IRREVOCABLE LICENSE THIS CONTRACT, made and entered into the day of , 1988, by and between the C!!Yi5F ENGLEWOOD, ~t~o~t~o~RXD~~a~t~c~t~fftyM)~,~3~4oo south Elati street, Englewood, Colorado 80110, and the ENGLEWOOD URBAN RENEWAL AUTHORITY (EURA), 3400 South Elati Street, Englewood, Colorado 80110; WITNESSETH WHEREAS, pursuant to agreement between the EURA and the City, the City agreed to cooperate and assist in the developm nt of EURA area; and WHEREAS, for a public purpose, it is necessary that certain property of the Cit:t• of Englewood be utilized for the placement of informational structures; N , THEREFORE, in consideration of the promises and covenants and oth r good and valuable considerat on here i n contained, the parties hereto utually agr e as foll s: -1 - I • • • SECTIO~ J . SPECIFI C.l\.TIONS FOR CONSTRUCTION OF SIG:-1 The sign shall be initially const ructed in the manner, size, and of the materials described in Exhibit 2 attached hereto. The EURA shall place on this sign the informational matter in conformity with the diagrams described in Exhibit 2 attached hereto. The sign may contain the name of the primary (anchor) tenants and the development. Any changes in content, design, engineering, materials (size, style, color, or any identified specifications on attached Exhibit 2) of sign may be made only upon approval of Englewood City Council by Resolution. The City, through its Director of Public Works, shall have the right to inspect the sign for purposes of safety or conformance with this Agreement at any time upon notice to the EURA. Should the sign be found to be an imminent danger to the public or not in compliance with this Agreement, the City shall notify the EURA. The City may correct any defect that may be of imminent danger to the public and bill the EURA or its assignees of the sign for the cost of correction. SECTIO 4. MAINTE ANCE, REPAIR AND REPLAC~~ENT EURA shall inspect the sign every six (6) months, maintain the sign in good condition, including, but not limited to, ncing all n ce sary r pairs ta the sign within thirty (30) o k ep the s gn legibl and of a pleasing appearance; and hall r place he aign s ould it b destroyed. All the operating ntenance, repair or r plac nt r quir d und r th1s shall be a he sole expens of the EURA or its Ace ss only by prior Pu lie ork Ci y•s use of rue ion repair ahall be and approval of the Ci y'a D1r cor of or in erference with t of way are 1n1 iz d. I . -• • • notice t h er of and may require th EU RA to r emove th s u b j ~ct sign. If this Agreement is terminated pursuant to this Section and the EURA fails to remove the sign within thirty (30) days, the City may remove the sign and the EURA will reimburse the City for all costs incurred in that removal. The term of this irrevocable license shall run in conjunction with the life of the improvements as defined in the June 17, 1987 Agreement for Disposition and Development between the Englewood Urban Renewal Authority and Lincor Properties of Colorado, Inc. for the property located at Block 1, Lot 1, Girard Place Subdivision, City of Englewood, County of Arapahoe, State of Colorado, and this irrevocable license shall terminate upon substantial demolition of said improvements. This document shall terminate should the EURA fail to convey Lot 1, Block 1, Girard Place Subdivision, City of Englewood, County of Arapahoe, State of Colorado, on or before June 1, 1988 to he developer for redevelopment. SECTION 7. RE T In consideration of the foreoing and the mutual pro isea her in con ained, the EURA agrees to pay the c ty Ten Dollara ($10.00 ). SECTIO 8. ERSBIP ructurea, quipment, and ater1ala placed upon the EURA ahall al aya r ain the pro rty of, and ay be y, RA a any t i HOLD RARKL SS or I . -• • • of Englewood n ay empl ~y attorney s o f i t s ow u s elec t ion t ap p e il r and defend th e c l aim o r action on b e ha l f of the City of Englewood, at th e e xpe nse of i ndemnito r ; (ii) the City of Englewood, at its o ption, shall have t he sole authority for the direction of the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the City of Englewood. The City of Englewood shall give written notice to the EURA or its assignees of any act or occurrence involving a liability or claim, demand, or item of cost, or, as the case may be, indemnified against herein, within sixty (60) days after occurrence of such act or occurrence shall have come to City of Englewood's knowledge. Actual knowledge within sixty (60) days by the EURA, assignees, developers, and entities using the sign shall be a waiver of this notice requirement. EURA or its assignees agree to reimburse the City of Englewood for any necessary expenses, attorneys' fees, or costs inc u rred in the enforcement of any part of this Agreement sixty (60) days after receiving written notice that indemnitee has incurred them. EURA or its assignees shall name the City of Englewood, as an additional insure d or as a co-insured with insurance coverage for the City of Englewood in an amount not less than the aximum amount provided in the Colorado Government Indemnity Act for Ho Rule Cities for general liability, personal injury and proper y damage during the period the sign is in use. er A o 4 on SECTION 10. ASSIG.MENT TAX - ood 'I • -• • .. • SECTIO N 12 . ENTIRE -AGREEMENT: BINDING EFFECT It is express ly understood by the parties hereto that neither is bound by any stipulations, representations or agreements not expressly contained herein and that this Agreement shall inure to the benefit and be binding upon the personal representatives, heirs, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. ATTEST: city ciert ATTEST: CITY OF ENGLEWOOD, COLORADO By----~~~--------------..... Mayor EIIGLEWOOD URBMI RDIEWAL AUTHORITY By -.t~.~.~c~u~t~lr.ve==~b~I~r~ec~t~o~r~------------ I • • ...... • • • EXHIBIT 1 Page 1 of 2 SIGN IRREVOCABLE LICENSE DESCRIPTION COMMENCING at the SW corner of the SE 1/4 of SW l/4 and con•idering the South line of the SE 1/4 of SW 1/4 to bear S 89050'22• E, with all bearing• contained herein relative thereto; Thence H 76056'41• E, 319.31 feet to a point; Thence S 89050'22• E, 1.0 feet; Thence N oooo2'38• E, 20.0 feet to the True Point of Beginning; Thence continuing N 00002'38• E 80.0 feet; Thence s 89050'22• E 6.0 feet; Thence S 00002'38• w 80.0 feet Thence N 89050'22• w 6.0 feet to the True Point o f Beginning;·· Containing 480.0 •quare feet, -are or le••· • • • • <GRAY) :: rl ' 0 . !1 --r n ~I : ['I ' n ~ . " I') I') Cl -J ~ A- I ('LAD..JUST SEWER M. H. v -' TO ELEV . 53 1 "' be; ~. -· - \l U) .t:W OOD ~= -JOO PARKWAY 0 0 0 ~ . 'I. fl " 1.-. ...... ..,-. - I :-... I . ;,• • • .. • ---------- -------1~-·· ---·-··-----·---·---·--- ~~~------~~·~··· _____ , -~~ DEVELOPMENT no.1 ANCHOR no.1 ANCHOR no.2 · -+ I . . • • • SPECS 1/8• ALUMINUM FACES. ROUT COPY FROM ALUMINUM SURFACE AND BACK WITH 1/8• WHITE PLEXIGLAS. PAINT SURFACE GRAY TO MATCH ENGLEWOOD STREET SIGNS. DECORATIVE FACE: 3/16• PLEXIGLAS WITH HIDDEN RETAINER SYSTEM. COPY TO BE PAINTED ON FIRST SURFACE. BURGUNDY AREAS TO BE TRANSLUCENT; OTHER COLORS TO BE OPAQUE. CABINETS: 22 GAUGE PAINT-LOC SHEET METAL CABINETS. PAINT GRAY TO MATCH ENGLEWOOD STREET SIGNS. S• ROUND TUBE HEAVY WALL STEEL SUPPORTS TO BE ENCASED IN CIRCULAR SMOOTH CONCRETE POLE COVERS, PAINTED DARK BLUE TO COORDINATE WITH COLOR SCHEME OF ENGLEWOOD STREET SIGNS. METERED ELECTRICITY. ELECTRIC SIGN. 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( ~ r: ·~ ,. c J • · t_, rv /It·('"~ ·~ r I( TS I ----------------I . • - • • AGEII)A ITEJI ----PI£SEJITED IY ------- • • - • • AGEJI)A ITDI ---PI£SEIITED IY ------ em ';1/a:t-Atl<t~(j- -ay-- '-lr'~a _},_; Y4t <.P .{';~ I} -~~~ {'/~y fr ~ 'll t 1tl i'V t(_~ I , I . • - • • ;;.- A6EJI)A ITEM ----PIESEIITED IY ------- [.,Nt ult L tt. ~ {_(_ r t Lt !u -M i. til' 4 a .-uj'J '2S ct-t-tt ~r . I . • • - • • A&EJIDA ITEJI ----PI£SEifrED IY h f/-r 9 ... • • TS t ------- • • • A6EJI)A ITEJII ----PIESEJIITm IY 7{,(a ll ~ 'I / J c. ;~ r~ ~{ _, )/ / yJ '--' 't{c;. ..,c 'l(~ I / ? / t ~ .. /--. ( I . • - • • AGENDA ITEM --- ~n~r- /) .!)--; , .) {?U.< C.<~~ ~IJ~4 ~ . D 1-I -··l ----------------- I . CGIIh , ______ _ //.I 7