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Home My WebLink About1984-04-10 (Special) Meeting Agenda• • • • City Council Meeting -Special _ April 10, 1984 1 - • • • • • 1~ 41=-I.S: litJ, 11, I( ;q (0~ .JJ II-, It;, 16, 1/ • 0 0 • I . • • • • AGENDA ITEM ---- ROLL CALL Moved Seconded Abstain HIQdav Neal Vo be1da Weist Bllo Bradshaw Otis MOTION: I • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday t.-- Neal ,__ Vobe1da ,_. Weist ,._ Bllo ~ Bradshaw ,._ Otis ,..... MOTION: I • • • • - • • AGEN DA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ---HIQday Neal Vobe1da -Weist -Bi lo --Bradshaw -Otis - MOTION: I • • • • • - • • AGENDA ITEM PRESENTED BY ------- Hoved Seconded Ayes Nay Ab sent Abstain Hlgday Neal Vobe i da Weist s1 rn Bradshaw Otis MOTION: I . • • • • - • • AGENDA ITEM ---PRESENTED BY ---- ROLL CALL Moved Seconded Ayes Nay Absent Ab t 1 s a n rfTqday Neal Vobe1da Weist Rl(n Bradshaw Otis MOTION: I . • • . ~---------iilliiiiiili--.... -~--• • • • AGENDA ITEM ---PRESENTED BY ---- ) Moved Seconded Ayes N•y Absent Abstain Hladav Neal Vobe1da Wei s t Bllo Bradshaw Ot i s MOTION: I . . • • • AGENDA ITEM --- ROLL CALL Moved Seconded stan Ayes Nay Absent Ab 1 HTQcfay Neal Vobe1da Wei s t Bllo Brad s haw Oti s MOTION: I . • • • • • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HIQdav Neal vobe1da Weist Rllo Bradshaw Otis M<YI'ION: I . • • • - • • • • PRESENTED BY AGENDA ITEM -------- ~d d?-LC J( --U_ d 011~ .1 vu J~ 330~ ~~~J~ ~~~?~~ :J.w-u-A~ ~ ~~~~2~ -~2>~~ ~~~<!-~ ROLL CALL Moved Seconded sta n Ayes N•y Absent Ab 1 HIQd•y NeaT Vobe1da WeTst Bllo Br•dshaw Otis MOTION : • I . • • • • PRESENTED BY --- Moved Seconded A yes Nay Absent Abstain Hladav Neal Vobeida Weist 81 lo Bradshaw Otis MOTION : I . • • • - • • AGENDA ITEM --- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~lgday Neal Vobe1da Weist Bl lo Bradshaw Otis MOTION: I . • • • • • AGENDA ITEM __ PRESENTED BY ___ _:_6 HlqGav Neal Vobe1da Weist Bllo Bradsh- Otis MOTION: I . • • • • • AGENDA ITEM ----PRESENTED BY ------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain y HIQdav -NeaT Vobe--,da WeTst -Bllo -v-Bradshaw -Otis - MOTION : I . . • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain "' ~lgday -Neal -Vobe1da -Weist -Bllo ,_ Bradshaw Otis - MOTION: ~ ----I • • • • - ( ( ( • • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 10 1 1984 .. ~~ \~ /~ 7:00 P.M. Call to order, and roll call. invocation, pledge of allegiance, 1. Public Hearing. (a) To consider Amendment No. 6 to the Engle- wood Downtown Redevelopment Plan. (Copies enclosed. l 2. Adjournment. /) ' I j ;) ()JJ /' L /Jlwi'tZ' //lt:(i:"U .·VL /AND MC COWN Ci Manager AM/sb • I • • ( • • • - TO: City Manager McCown FROM: Susan Powers, Director of Community Development DATE: April 5, 1984 SUBJECT: City Council Public Hearing on Amendments to Downtown Redevelopment Plan On Tuesday, April 10, 1984 the City Council has scheduled a Public Hearing to consider amending the Downtown Redevelopment Plan to list additional properties and leasehold interests for acquisition by the Englewood Urban Renewal Authority. The properties include the following: Address 3311 South Broadway Leases within the following properties: 3315-3386 South Broadway and 3340-3384 South Acoma Street, and 33-95 West Girard Avenue P.P.I. NUMBER 1971-34-3-16-001 1971-34-3-00-022 1971-34-3-16-002 1971-34-3-16-020 In order for the City Council to consider this request, they must first receive a recommendation from the Urban Renewal Authority that Brady has fulfilled his obligation to negotiate in good faith as outlined in the Redevelopment Agreement. Brady's staff indicates that prior to Tuesday, April 10, they will have signed agreements with some of the tenants; others will not be resolved by that date. The Urban Renewal Authority discussed this situation at their meeting on April 4, 1984, and passed a motion to recommend to the Council that they consider all of the leases at o ne meeting and not piecemeal the review at several public hearings. With this in mind, City Council may be asked to again continue the Hearing until April 23 , 1984 to give both Brady and the tenants additional time to negotiate. This applies to the old First National Bank building as well. The Urban Renewal Au- thority is very concerned that the tenants and property owners be treated fairly and be given ample time to respond to offers. Several tenants have also requested that two more weeks be granted before a !ecision of the City Council. I believe that Brady's staff must be told that the burden is on them to provide evidence of good faith negotiations, and until this is pro- vided the City Council will not act on their request. gw • I • • • • • RESOLUTION NO. Series of 1984 • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOWNTO\~N REDEVELOPMENT PLAN. WHEREAS, t h e City of Englewood adopted a Downtown Redevelopment Plan in accordance with t he Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Renewal Authority has been designated by City Council as the agency responsible for implementation of the Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS , the Brady Development Corporation has requested the assistance of the Urban Renewal Authority in the acquisition of certain properties and leasehold interests in accordance with the provisions of Section 1.2 of the November 2, 19 83 Redevelopment Agreement between Brady and the Authority; and WHEREAS, the Urban Renewal Authority has reviewed the documenta- tion submitted by Brady Development Corporation intended to serve as evidence of the conduct of good faith n egotiation s between Brady and property owners- leaseholders; and WHEREAS, the Authority has found that the acquisition of properties and leasehold interests under consideration are necessary for the implementa- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property own ers and lease holders in a n effort to arrive at a mutually acceptable acquisition arrangement; and WHEREAS, as a result of the aforementioned fin ding s, the Urba n Renewal Authority recommends to City Council that the properties and lease- hold interests attached hereto as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment 116" be included in the Downtown Redevelopment Plan; and WHEREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Commission for its review to determine the Plan amend- ment's conformance to the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission conducted a review of the proposed amendment March 20, 1984, and concluded that the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official netic has been given and public hearings were held on March 26, 1984 and April 10, 1984 to solicit comments on the proposed amendment to the Downtown Redevelopment Plan as required by C.R.S. 31-25-107(3); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that: • I • • • ATTEST: • • • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for implementation of the Downtown Redevelop- ment Plan are hereby accepted. Section 3. The document attached hereto as Exhibit A and entitled "Englewood Downtown Redevelopment Plan Amendment 116" is hereby approved and shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and become a part thereof. ADOPTED AND APPROVED this ____ day of -----· 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing is a true, accurate and complete copy of Resolution No. ___ , Series of 1984. Gary R. Higbee • I . - • • • • ®super yarn mart! established 1949 Ap ril 5, 1984 l~a yor, Eug ene L. Oti s 449j South Cherokee Street Englewood, CO 80110 Re: 3340 South Acoma St reet. Dear Mayor Otis, As President of the Super Yarn Mart, conducting bus ln ess at 3340 South Acoma S tr eet, Englewood Colorado, I wa s l a st week by the Brady Company, of the fact that th e we rent will be dem o lished in June nf this ye a r . mnn t h s ago lt came to my attention by an em ployee o f m. the City v1as planning on condemni ng the property. /It Li L ti me I callc:J 11r . Her2ng Lhe land l n rd t o check nuL Llti.·; , U11 1n r . II.. , ;~:ur e d me that no such thing would ~::v er o t•c ur ·e , 11•1 t i fi e cJ 1l ld in g .u v e r a l e th a t 1 ·, ,.,11Jt:!" 1 983. l,c " I find nu L th u t in 3 month s we rnu :-;L v :t <' Ll"· ,,rc·,n i )\~j e.<;, puL our uurp ln y ecs n ut nl' wo t·k a nd sL o p :.;,!,; "1', Lit•· Com munity that rely on us for our product. Fo r 35 years, the Super Yarn Mart has been serv lll[!; its c usto mers in an hones t and fair way. It appears to me Lliu t the City of Englewood is not being hon est at all and cert a inl y not fair whe n we are notified just a few weeks ahead of tl nw that we mu s t g ive up our b us inesses. It is usaully th e small businesses like ours that •IU S to suffer. We can~not c ompeat with the power of Brady Cn111 pany, ma ybe i n the City of l!ngleWiiod ' s case there can be s n"''" more re a s o nable method of so lving this rnatter. I am sure t he Orady Com pa n y would not suf fe r at all, if a extented perio d n f time was given to the te nants of the South Acoma bu il din g to reloca te, a t least l eL o ur le a ses run nut whi c h hav e ~ j~a r o r year in a half to go. This would no way conflict wlL11 the main plans of the Kin g Sooper•s being built. ( continue on nex t page ) dye plant 1600 east 2~th street los angeles, calif . 90011 (213) 233-6117 executive office 1233 s. san pedro atreet los angeles, calif. 900U (213) 7~70oU spinning mill 1402 east adams blvd . los angeles, calif . 90011 (213) 232 ·233'1 • I • - • • • • • .. atura ly Ice vet''J frustrwted <J t thi s poi n t, particu dry te.t<l<~ .<n Lo1; Angeles , Califnr ni a and we ha ve stnre s , ·•;l;..•rn ~;t:oLe~>. Our pl <.n:; Lo cxpund in C.:nlnradn n uJ •<.1 tt nn al locations in the next year. We would be open.ng "'' sto re in ArvJda ne xt mnnth . We would bring added e .nployment tn the communit y. Frankly I dn nnt. unde rst..;nd hno/ the r.n ndem natinn works, 1 just know ttuL I '" ,. 'J t·li•. in \.lie lllllld .Le .;nJ I hope yo u would consider all n•li rtJ •. i~c: 1.. ·n '"~ r,[ Jnut h /\c otn<~ buil ding the mu c h needed addiL inn cJl L11..: [.r , ,, d:c: <•tTdlll\<'IIW nLs for the survival of their bus iness. If it is truly to the zreat interest to the citizen of Enlgewood th at th is IJ'l i ld int.~ be Lor n do wn immedi ately, I would like to know Lll r: lc;~l · btdiin rl :;w ·lt a tkc i .•;in n. I can nnt ::;ec ho w the City a nd .i~·. C.i\..i.ze n1; enuld s uffer by allowing honest ha rd \~nrkine 11l!·J .,, " .• •· \.11: 'lppn t·Lun i.L y Ln hCJ ve much ne e d e d tirne to save \..heir uu,; ltH:!sses . BG/hh Hup~c:tf'ul ly You r s , ll. 11'1' y I'" 1 rJ l 1 r ' t.~ :; i d L: r1 L. 2 :, ( I • • - ,.. J ~" ·~· .. :,I E ,..,,.oorJ ...;u.:;,raao80155 t ... .Jr 1.. Aller = ... r.ala 1 Zatl C::uuard I Hahgman .;;:,n M Z an t..,an 8 Lo11ner --! tlt(J~r p w p .rr cc;royory \..:.L 1 I !If ' [II ·I 'WIIf o'u;/' ,u•!l: M Ou•r ;:.., "J AutJ1n r w•; J M cNamara R.:naro J S aul J..r tnvny J Rechhu 11 111ar sha ll H Fcsnman Jon F Sa nds I""Drhy Ea ton Cra nmer FI~IAUI G LO..,tno .•.• ,,u J AuiJ1n :..u 11 L Lev•n ... arnes L Enghsh Ar·11 L Dur!eo (..;ar~lyn Gruber t" ICt 8 GoldS h. ~ " cv...-r,o• t.•·.w.rJ P F-t,,lhp~ 1887 E Believ•e w Suite 700 EnglewoOd Coloraao 80111 Te or""'"" 3Ci3 850 7887 TGo 8COP•8r 3031 850 7e 1 • • • - Atler, Zall and Haligman A Profess1 ona1 C o rpora t1o n Allurnuy b at Law April 9, 1984 Eugene L. Otis, Mayor 3400 S. Elati St. Englewood, CO 80110 Susan Powers Executive Director Urban Renewal Authority City of Englewood 3400 S. Elati St . Englewood, CO 80110 Joseph V. Bilio, Jr. 4095 s. Jason St. Englewood, CO 80110 John D. Neal 2005 s. Corona St. Englewood, CO 80110 Robert E. Weist 455 0 s . I nca St. Englewood, CO 80110 City of Englewood 3400 S. Elati St. Englewood, CO 80110 Beverly J. Bradley Mayor Pro Tern 2910 s. Mar ion Englewood, CO 80110 William J. Vobejda 3110 s. Delaware St. Englewood, CO 80110 James L. Higday, Jr. 4970 S . Wa nhington St. Engl e wood, CO 80110 Re: Agreement for Disposition and Redevelopment By and Between Englewood Urban Renewal Authority and Brady Development Corporation and s. Bud Brady Gentlemen: This office has been retained by Physical Whimsical, Inc. located at 3315 South Broadway, Englewood, Colorado t o review the actions, conduct and proposed actions of the C i t y of Englewood, the Englewood Urban Renewal Authority, Brad y Development Corporation and s. Bud Brady as such pertains t o the C i ty o f Englewood Downtown Redevelopment Plan da t e d Augu s t 23, 1982, and as thereafter amended on December 21 , 1982. We have been apprised of a subsequent Amendment whic h is, has been or will be proposed by or to the Englewood Urban Renewal Authority and/or the Enqlewood City Counc il , which Amendment contemplates inclusion of our client's business premises in the Downtown Redevelopment Plan. • I • • -• • • Atler, Zall and Haligman A Profess1onal Corpora tion Attorne y s a t Law April 9, 1984 Page 2 On March 19, 1984, our client and I attendeu th e C:lly l e wo•••• City Council meeting at which time Robert Paysinger, Esq . ol Brady Development Corporation reque s ted, an d w c:n~ y.:a n L v .1 , tabling of the proposed Sixth Amendment in which t CJ formulate an offer to tender to Physical Whimsical, Inc. Cot its lease at the aforedescribed premises. Since that time , our office has remained in constant contact with Mr. Paysinger seeking to obtain information attendant to Br ad y Development Corporation's intentions regarding the "good faith negotiations" required of the developer and a s specifically stated by Mayor Otis at the last City Counci l meeting. Our efforts and cooperation have been to n o av a i l whatsoever and we have been frustrated at every turn by tlH' Brady Development Corporation and its r e pr e s ent a tives. N• appraisals have been delivered to u s or o ur c lient, nu written off:er has been rec e iv e d cl <'~;r ite o u r couununicati o n t with Mr. Paysinger that only wri tten offer s wo u l d b t considered, and no efforts whatsoever have been u n .l ,, t.a k e 11 b y Dr ady Development Corporation to en te r int o n e q (Jl i d t O IH;, in good faith or otherwise, wi th our cli e nt. At this time, we believe that the threatened actions of tt)(' ""C"(ty Of -~nSl~Q 1 SM Englewooq_I.Irban Renewal Author i~..YJ jlrady Development Cor@oratign_ADd s. Bud Brady ~~-~~~fn~~e the lease of our clie t arid/or condemn the_prem!s~!_Qg~~ed by our client are contrary to statutory author fty and may, ir\f a c ~,_ _l e a<f ·us -to believe that the C_i!X_ of Englewood an d Englewogg Uroan Renewal Author ty are fn conspiracy--or COITUSl on with Brady-n -evelopment Corporation and/or S. Bu d ~'t'O --terii\I'nl'te such' ease and thereby res1.1lt i n s gn flcan t damages which will-be occasioned by our client . ------. ·--.. -- -- Accordingly, this letter shall serve as notice to each o f you in accordance with Colorado Revised Statute 24-20-101 e t ~·, and specifically Colorado Revised Statute 24-10-109. that Physical Whimsical, Inc. intends to assert a cla im against the City of Englewood, the Englewood Urban Renewa l Authority, the individual members of the Englewood C i t y Council, the Mayor of Englewood t Brady Developmen t • I • • • • • • A tier, Zall and Haligman A Profess1onal Corporation Attorneys a t Law April 9, 1984 Page 3 Corporation and s. Bud Brady, among others. In a c cor d ~I ll• the notice requirements of the aforementioned St atut e , please be advised as follows: A. The claimant is Physical Whimsical, Inc., 33l S South Broadway, Englewood, Colorado. Th e claimant 'a attorneys are Richard I. Brown nn d Marshall H. Fishman, Atler, Zall and Haligmnn , P.C., 7887 East Belleview, Suite 700 , Englewood, Colorado 80111. B. The basis of the claim is the actions and /o• proposed actions of the City of Englewood, til L Englewood Urban Renewal Authority, the Ma yor, the City Council, Brady Developmen l Corporation, and Mr. Brad y's ef fort s 01 proposed efforts to take, without due proc es s of law, the leasehold interest of Physica l Whimsical, Inc. in and to 3315 Sou th nroa dwa y contrary to the appropri a t e ~L ~t utor y provisions and specifically contrary to th e rights of Physical Whimsical, Inc. as afforde d by Colorado Revised Statutes 31-25-101 ~~- c. The Public employees involved appear to be the Mayor and the individual City Council members. D. The nature and extent of the injury suffered or which will be suffered in the loss of th e investment and profits to be derived therefrom .in and to the business entity known a s Physical Whimsical. E. The monetary damages that are presently undetermined are anticipated to be $1,000,000. will be requested at this t i me bu t not less tha n In view of the foregoing, we therefore urge each of you to reconsider the action proposed to be taken affecting ou r • I • • • • • Atler, Zall and Haligman A Professtonal Corporation Attorneys at L aw April 9, 1984 Page 4 client's interest in and to the real property at 331 5 So u l Broadway. Your failure to so comply with this reque st s h u t leave the undersigned with no alternat i ve to i n l L i ~l appropriate proceedings in the Arapahoe County Dis tc i • Court seeking to enjoin your unlawful activities. Very truly yours, ATLER, ZALL AND HALIGMAN A Professional Corporation RIB:cvt cc : Ri ck DeW i tt, Esq., Englewood City Attorn ey Physical Whimsical, Inc. Michael J. Kleinman, Esq. Marshall Fogel, Esq. BngleLt r/li t • I • • ROBERT B. PA YSINGER (:000)831>-31'18 • • • GALJnNS, KRAMER, GB.DISHAW & BARBING A LAW P ..urTHERSBIP INGLUDING PROFESSIONAL GORPORAnONS . SUITE CIIIOO ONE UNITED BA.NII GENTER 1700 LINOOUI STREET DENVER. GOLORADO -.:~ TELEPBONE (_,) .._._ (T.........-.: _______ , . April 9, 1984 VIA YELLOW CAB Michael J. Kleinman, Esq. 3570 East 12th Avenue Suite 300 Denver, Colorado 80206 Re: Termination of 3315 South Broadway Lease I Physical Whimsical Dear Mr. Kleinman: This firm represents S. Bud Brady/Brady Development Corporation (•Redeveloper") with regard to the Englewood Urban Renewal. As you know, your building was purchased by Redeveloper in January of this year. To proceed with the urban renewal of the City of Englewood, it is necessary that Redeveloper purchase the Physical Whimsical leasehold interest. In order to determine the economic value of the leasehold interest in the premises, Redeveloper had retained Joseph Farber and Company, Inc. to appraise same. A copy of the#appraisal is attached for your information. The appraisal was made available to me on Friday, April 6, 1984. Also attached please find our proposed agreement to terminate the leasehold. The agreement includes an amount to be paid to tenant under the lease for the leasehold interest together with a separate provision for the payment of relocation expenses. As you will note in the agreement we are offering to pay $50,000.00 in relocation expenses • . Please review the agreement ·at your earliest convenience ~ and call me with your decision concerning this matter on or - before April 20, 1984. .Please note that this is our final offer on this matter ; If we do not hear from you on _or before April 20, 1984, ·your ~ack of ·response4Will be considered a rejection of our offer . <><!-ID-8 4- • • I • • • Mr. Kleinman April-9, 1984 Page Two • • • If you have any questions or comments, please advise. RBP/lkr Enclosure 863"!.002 Best regards, ~JI:l!.MSBAW • • BARRING Robert B. Paysing~ cc: Marshall Fishman (via yellow cab w/enclosure) Richard F. Whiting (w/enclosure) • I . • • TERMINATION OF LEASE AGREEMENT THIS TERMINATION OF LEASE AGREEMENT is made and entered into this _____ day of April, 1984, by and between S. BUD BRADY whose address is 1391 North Speer Blvd., Suite 300, Denver, Colorado 80204 ("Landlord") and NATHAN ELINOFF, whose address is 3315 South Broadway, Englewood, Colorado 80110 ("Tenant"). Landlord and Tenant are sometimes herein- after collectively referred to as the "Parties." WITNESSETH : WHEREAS, Landlord and Tenant are landlord and tenant under that certain lease dated November, 1982, a copy of which is attached hereto as Exhibit "A" and is incor- porated herein by this reference ("Lease"). Landlord has leased to Tenant and Tenant has hired from Landlord the property known as 3315 South Broadway, Englewood, Colorado 80110 ("Premises"); and WHEREAS, the Parties desire to terminate the Lease upon the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained therein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged , Landlord and Tenant agree as follows: 1 . Termination of Lease. The Lease is hereby terminated by mutual agreement of the Parties effective May 31, 1984, ("Termination Date") and neither Landlord nor Tenant shall have any rights or liabilities under the Lease wh ich have not accrued prior to the above Termination Date . 2. Consideration. As consideration for the termination of the Lease and the vacation and surrender of the Premises by Tenant to Landlord, and as payment in full for all relocation expenses Tenant may claim, Landlord hereby agrees to pay Tenant on or before May 31, 1984 the following: • I • - • • a. Termination of Lease Payment b. -Relocation expenses* c. Return of Security Deposit Total $ 10.00 $50,000.00 $15,000.00 $65,010.00 *In the Alternative, Landlord shall provide relocation expenses to Tenant, if Tenant qualifies for such relocation expenses, in accordance with the requirements of the Englewood Urban Renew Authority's relocation program. 3. Renewal Option. Tenant agrees that the termination of Lease also terminates all rights of Tenant to renew or extend the term of the Lease. 4. Abatement of Rent. Landlord agrees to refund rent paid by Tenant for April, 1984. Landlord also agrees to abate rent for the month of May, 1984. 5. Surrender of Premises. Tenant agrees to surrender possession of the Premises to Landlord, upon Landlord's prior written notice to Tenant to vacate the Premises, on or before May 31, 1984 or such other date subsequent to May 31, 1984 as determined in the sole dis- cr~tion o£ Landlord. However, if Landlord does not require Tenant to surrender the Premises on May 31, 1984, Landlord must provide ten (10) business days prior written notice to Tenant to vacate the Premises. 6. Nondisclosure. Neither party shall disclose the terms of this Agreement. 7 . Binding Effect. This Termination of Lease Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns . 8. Notices . Any notice , request, demand or other communication , given or made , or required to be given or made under this Agreement shall be given in writing, delivered personally to anyone at the addresses set forth below, or by -2- • I • • • • depositing . the same in the U.S. mai 1, postage prepaid addressed to the party for whom intended at the following addresses : To Tenant: With a copy to : To Landlord With a copy to: Michael J. Kleinman, Esq. 3570 East 12th Avenue Suite 300 Denver, Colorado 80206 Marshall H . Fishman, Esq. Atler, Zall and Haligrnan Post Office Box 4587 Englewood, Colorado 80155 Richard F. Whiting 1391 North Speer Blvd. Suite 300 Denver, Colorado 80204 Robert B . Paysinger, Esq. One United Bank Center 1700 Lincoln Street, Suite 3800 Denver, Colorado 80203 or such other address as the parties may hereafter or from time to time designate by written notice to the other party as provid;ed herein. Notice shall be deemed given or ·made when actually delivered or mailed and shall be considered received on the earlier of the day which notice is actually received by the party to whom such notice is addressed or the third day after such notice is mailed . 9. Governing Law. This Termination Agreement shall be construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties hereto have exe- cuted this Termination of Lease Agreement the day and year first above written. "LANDLORD" S. BUD BRADY, Richard F. Whitinq, attorney-in-fact -3- • I • • • - "TENANT" NATHAN ELINOFF STATE OF COLORADO ss . COUNTY OF --------- The foregoing instrument was acknowledged before me this day of , 1984 by Richard F. Whiting as attorney-in-fact for S. Bud Brady . Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss. COUNTY OF ----- The foregoing instrument was acknowledged before me this _____ day of , 1984 by Nathan Elinoff. Witness my hand and official seal. My commission expires : Notary Public I . -4- • • - , ( • RESOLUTION NO. Series of 1984 • • • A RESOLUTIO N OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOWNTOW N REDEVELOPMENT PLAN. WHEREAS, the City of Englewood adopted a Downtown Re development Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Renewal Authority has been des ignated by City Council as the agency responsible for implementat i on o f th e Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS, the Brady Developme nt Corporation has r e qu es t e d t he as s istanc e of the Urban Renewal Autho rity in th e ac quisition of certain pro pe rties and l e asehold inte r es t s in acco r dan ce with the provisions of Section 1.2 of the Nov ember 2 , 19 8 3 Re d evelo pmen t Agreement between Br a dy and the Authority; and WHEREAS, the Urban Renew al Authority has review d th documenta- tion s ubmitted by Brady De v elopment Corporation intended t o serv as evidence o f the c onduc t of goo d fai th n egotiations betw en Brad y and prop rty owne r s - l e aseho ld e rs; an d WH EREAS, the Authority has found that t h acquisition of prop rties and l e as ehol d i n ter es t s under consider ation ar n c sary for h impl menta- tion o f th e Downt own Re d evel o pm en t Plan and that Brady D v lop ent Co rpora t ion conducted good faith n ego t ia tio ns with property owners and lea h ol d rs in an e ffort t o a rrive a t a mutually acceptabl acquisition a rran e WHE REAS, as a r esult of the aforemention d finding s , th Urban Renewal Au thorit y recommen ds to City Council that th propertie and lease- hold interests a t tached heret o as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment 1/6 " be included in the Downtown R development Plan; and WHEREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Commission for its review to determine the Plan amend- ment 's conformance to the Comprehensive Plan; and WHEREAS , the Planning and Zo n ing Commission co nducted a review of the proposed a me ndm ent March 20 , 1984, and con cluded t hat t h e a mendm e nt i s in complian ce wi th t h e Comprehensiv e Plan ; a n d WHEREAS , official notic has been given a n d public hea rin gs were held on Ma r ch 26, 1984 a nd April 10 , 1984 to solicit comme n ts on t h e proposed amendment to the Downtown Redevelopmen t Plan as required by C.R.S. 31-25-107(3); NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Englewood , Colorado, that: • I • • • • • ATTEST: • • • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for implementation of the Downtown Redevelop- ment Plan are hereby accepted. Section 3. The document attached hereto as Exhibit A and entitled "EngJ ewood Downtown Redevelopment Plan Amendment 11 6" is hereby approved and shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and become a part thereof. ADOPTED AND APPROVED this ----day of -----· 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify th e foregoing is a true, accurate and complete copy of Resolution No. ______ , Series of 1984 • Gary R. Higbee • I • • • RESOLUTION NO. Series of 1984 • • • A RESOLUTION OF TilE ENGLEWOOD CITY COUNCIL TO AMIO:NO TilE I'NC:Ul./OOD DO\vNTO\<N REDEVELOPMENT l'L AN. WHEilEAS, the City of Englewood adopted a Downtown Redevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Renewal Authority has bee n deslgnuted by City Council as the agency r esponsible for implementation of the Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS, the Brady Development Corporatio n has requested the assistance of the Urban Renewal Authority in the acqu isition of certain properties and leasehold interests in accordance with the provisions of Sect ion 1. 2 of the Nov e mber 2, 1983 Redevelopment Ag reement between Brady and the Authority; and WliEREAS, the Urban Renewal Authority has reviewed the documenta- tio n submitted by Brady Development Corporation intended to serve as evidence of the conduct of good faith negotiations between Brady and property owners- leaseholders; and WHEREAS, the Author ity has found that the acqu lsition of properties and leaseho ld interests under consideration are necessary for the implementa- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to arrive at a mutually acceptable acquisition arrangement; and WHEREAS, as a result of the aforementioned findings, the Urban Renewal Authority recommends to City Council that the properties and lease- hold interests attached hereto as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment 1/6" be included in the Downtown Redevelopment Plan; and WliEREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Conunission for its review to determine the Plan amend- ment's conformance to the Comprehensive Plan; and WliEREAS, the Planning and Zoning Commission conducted a review of the proposed amendment March 20, 1984, and concluded tl~t the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official notice has been given and public hearings were held on March 26, 1984 and Aprll 10, 1984 to solicit conunents on the proposed amendment to the Downtown Redev lopment Plan as required by C.R.S. 31-25-107(3); NOW, TIIELtEI•'ORE, liE IT Ri':SOLVEO by the City C:ounc'll of the City of Englewood, Colorado, that: • I • • 1 - • • ATTEST: • • • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful i mpl e menta tion of the Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for implementation of the Downtown Re develop- ment Plan are hereby accepted. Section 3. The document attached hereto as Exhibit A a nd e ntitl e d "Englewoo d Downtown Redevelopment Plan Amendment 116" i s hereby approved and shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and become a part thereof. ADOPTED AND APPROVED this ----day of -----------· 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing is a true, accurate and complete copy of Resolution No. -----• Series of 1984. Gary R. Higbee • I . • RESOLUTION NO. Series of 1984 • • • A RESOLUTION OF THE ENGLEWO OD CITY COU NC I L TO AM END T il E ENCUl./OOD OOWN TO\m REDEVELOPM ENT PLAN. WHEREAS, the City of Englewood a dopt ed a Downtown Redevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHimEAS, the Englewood Urban Renewal Authority has been designat e d by City Council as th e agency r es pon sible f or impleme ntatio n of the Downtown Red evelopment Plan (Urban Renewal Plan); and WHEREAS , the Bra dy Development Corpo rat ion h as req u ested t h e assis tance of the Urban Renewal Authority i n the acqu isition of cert ain properties and leasehold interests in accordance with the prov isions of Section 1.2 of the November 2 , 19 8 3 Redevelopment Agreement between Brady and the Authority; and ~iEREAS, the Urban Renewal Authority has reviewed the documenta- tion s ub mitted by Brady Development Cor pora t i o n intended to serv e as e vidence of the conduct of good faith negotiations between Brady and property owners- leaseholder s; and ~IERCAS , the Authority has found that the acquisition of p roperties and leasehold interests under consideration are necessary for the implement a- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to rrive at a mut ually acceptabl e acquisition a rrangement; a nd WIIERI:.AS, as a result of the afo r ementioned findin~s, th Urb n Renewal Authority reco-ends to City Council that the prop rt i s and lease- hold interests uach d hereto as Exhibit A and entitled "Downtown R d v lop- ment Plan Amendm nt 16" be included in the Downtown Redevelopm nt Plan; and WHEREAS, th proposed amendment to the Plan were referr d to the Planning and Zoning Conu i s sion for its revic..'w to determine th Plan nd- ment 's conformance to th Comprehensive l'lun; and WHERE~~. the Planning and Zoning Commission conducted a review of the proposed amendment March 20, 1984, and coneluded that the ;unendm nt is in compliance with the Comprehensiv Pian; and WHEREAS, official netic has been given and public hearings were held on March 26, 1984 and April 10, 1984 to solicit conunents on the proposed '"ucndmenl to Lhc Downtown R •dl•velopmenl Plan aH rcqul red hy C.R.S. 31-lS-107(3}; NOW, THEREFORE , 6E IT RI::SOI.VED by thi.! City Council of tho City of Englewood , Colorado , that: • I • - • ATTEST: • • • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for implementation of the Downtown Redevelop-ment Plan are hereby accepted. Section 3. The document attached hereto as Exhibit A and entitled "Englewood Downtown Redevelopment Plan Amendment 1/6" is hereby approved and shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and become a part thereof . ADOPTED AND APPROVED this day of -----------• 1984, Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing is a true, accurate and complete copy of Resolution No. ______ , Series of 1984, Gary R. Higbee I • • • RESOLUTION NO . Series of 1984 • • • A RESOLUTION Ofo' THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEI.JOOD DOWN'l'O\m REDEVELOPMENT PLAN. WHER EAS, the City of Engl e wood adopted a Downtown Redevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WH EREAS, the Englewood Urban Renewal Authority has been designated by City Cou ncil as th e age nc y r es pon sible for implementation o f th e Downtown Redev elopment Plan (Urban Renewal Plan); and WHEREAS, the Brady Development Corporation has requested the assistance of the Urban Renewal Authority in the acquisition of certain properties and leasehold interests in accordance with the provisions of Section l. 2 of the November 2, 1983 Redevelopment Agr eeme nt between Brady and th e Author ity; and WH ERE AS, the Urban Renewal Authority has reviewed the documenta- tion submitted by Brady Development Corporation intended to serve as evidence of the conduct of good faith negotiations between Brady and property owners- leaseholders; a nd ~IEREAS, the Authority has found that the acquisition of properties and leasehold interests under consideration are necessary for the implementa- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to arrive at a mutually acceptabl e acquisition arrangement; and WHEREAS , as a result of the aforementioned findings, the Urban Renewal Authority recommends to City Cou ncil that the properties and lease- hold interests attached hereto as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment 16" be included in the Downtown Redevelopment Plan; a nd WHEREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Conunl ss ion for its review to det e rmin e the Plan amend- ment's conformance to the Comprehensive l'lan; and WHEREAS, the Planning and Zoning Commission conducted a review of the propos e d amendment March 20, 1984, and concluded that the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official notice has been given and public hearings were held on March 26, 1984 and April 10, 1984 to solicit conunents on the proposed amendment to the Downtown Redevelopment Plan a tl required by C.R.S . 31-25-107(3); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado , that: I • - • ATTEST: • • ,. • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopm ent Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for .lmplementation o( the Downtown Redevelop- ment Plan are hereby accepted. Section 3. The document attached hereto as Exhibit A <.~nd e ntitled "Englewood Downtown Redevelopment Plan Amendment 116" is hereby approved and shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and become a part thereof. ADOPTED AND APPROVED this ---------day of ----------· 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing is a true, accurate and complete copy of Resolution No. ______ , Series of 1984. Gary R. Higbee • I . • RESOLU TION NO. Series of 1984 • • • A RESOLUTIO N 0 1' THE EN GLEWOOD CITY COUNCIL TO AMgND TI-m ENGLEWOOD DOI~NTOI.J N REDEVELOPMENT PLAN. WHEHI,AS , the City of Engl e woo u adopt e d a Do wntown 1\e cl c ve l o pm e n t Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Renewal Autho rit y h as been designated by City Co un c i l a s the agenc y r espo n sible f u r ·lmpl c mc n tuliun of the Downtown Redevelopm e nt l'la n (Urhan Renewal Pla n); and WHEREA S , th e Brady Development Corporation h al; reques t ed Lit e assis tance of the Urban Renewal Authority i n th e acq u isition of cer t ain p roperties and leasehold interests in accordance with the provisions of Sec t ion 1.2 of the Nov e mb e r 2 , 1983 Redevelopment Agreement between Brady an d the Authority; and WH EREAS, the Urban Renewal Authority ha s reviewed the documenta- tion submitted by Brady Development Corporation intended to serve as e vidence of the conduct of good faith negotiations between Brady a nd property owners- leasehold ers ; a n d WHEREAS, the Authority has found tha t th e ac quisition of properties and leasehold interests under consideration are necessary for the implementa- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to a rrive at a mutually acceptabl e acquisition arrangement; and WHERE AS , as a result of the afo rementioned findings, the Urban Renewal Authority recommends to City Council that the properties and lease- hold i nterests attached hereto as Exhibit A a nd entitled "Downtown Redevelop- me nt Plan Amendment 16" be included in the Downtown Redevelopment Plan; and WH EREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Conunlssion for its review to determine the Plan amend - ment's conformance to the Comprehensive Plan; and WHEREAS , the Planning and Zoning Commission conducted a review of the proposed amendment March 20 , 1984, and con c luded that the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official notice has been given and public hearings were h eld on March 26, ] 984 and Apr il 10, 1984 to solicit conunents on the proposed amendm ent to th Downtown Redevelopment Plan as required by C.R.S. 31-25-107(3); NOW , THEREFORE , BE IT RESOLVED by the C lLy Council of Lhe City of Englewood, Colorado , that: • I • • • AT TEST: • • • -2- Section l. The proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful implementation of th e Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for implementation of the Downtown Redevelop- ment Plan are hereby accepted. Section 3 . The document attached hereto as Exhibit A and e ntitled "Englewood Downtown Redevelopment Plan Amendment 116" i s hereby approved and s hall be incorporated into the Englewood Downtown Redevelopment Pl a n on the property !!sting page and be come a purl thct·cu(. ADOPTED AND APPROVED this -----day of ------· 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing is a true, ac c urate and complete copy of Resolution No. ____ , Series of 1984. Gary R. Higbee • I • • • RESOLUTION NO. Series of 1984 ,. • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOI~N'l'O\-IN REDEVELOPMENT PLAN. WHEREAS, the City of Englewood adopted a Downt ow n Redevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Renewal Authority has bee n designated by City Council as the agency responsible for implementation of the Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS, the Brady Development Corporation has requested the assistance of the Urban Renewal Authority in the acquisition of certain properties and leasehold interests in accordance with the provisions of Section 1.2 of the November 2, 1983 Redevelopment Ag reement between Brady and the Authority; and WHEREAS, the Urban Renewal Authority has reviewed the documenta- tion submitted by Brady Development Corporation intended to se rv e as evidence of the conduct of good faith negotiations between Brady and property owners- leaseholders; and ~lEREAS, the Authority has found that the acquisition of properties and leasehold interests under consideration are necessary for the implementa- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to arrive at a mutually acceptable acquisition arrangement; and WHEREAS, as a result of the aforementioned findings, the Urban Renewal Authority recommends to City Council that the properties and lease- hold interests attached hereto as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment #6" be included in the Downtown Redevelopment Plan; and WHEREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Commission for its review to determine the Plan amend- ment's conformance to the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission conducted a review of the proposed amendment March 20, 1984, and concluded that the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official notice has been given and public hearings were held on March 26, 1984 and April 10, 1984 to solicit co~nents on the proposed amendment to the Downtown Redevelopment Plan as required by C.R.S . 31-25-107(3); NOW, THEREFORE, llE TT RESOLVED by the Clty Council of the City of Englewood, Colorado, that: • I • • - • • ATTE ST: • • • -2- Section 1. Th e proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole. Section 2. The fi ndings of the Englewood Urban Re n ewal Auth ority with regard to good faith n egotiations and the n ecessi ty of prop- e rty acquisition f or i mplementation of the Down to wn Re d e v e lop- ment Plan are hereby accepted. Sect ion 3. The do c um e nt attached hereto as Exhihit A and en t i tled "~Cng lewood Downtown Redevelopment Plan Amendment 116" is hereby approved and s hal l b e i ncorporat e d into the Englewood Downtown Redevelopment Plan on th e property listing page and b ecome a pa~:t thereof. ADOPTE D AND APPROVED this ----day of -----------· 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of En glewood , Colo rado, hereby certi fy th e foregoing is a true, acc urnte a nd complete copy of Resolution No. _____ , Series of 1984, Gary R, Higbee • I • • • • • RESOLUTION NO. ___ _ Series of 1984 A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOWNTO\~N REDEVELOPMENT PLAN. WHEREAS, the City of Englewood adopted a Downt own Redevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Renewal Authority has been designat ed by City Council as the agency r esponsible for implementation of the Downtown Redevelopment Plan (Urban Renewal Pla n); a n d WJII'l(EAS, the Brady De velopment Corporation has requ.,sted the assistance of the Urban Renewal Authority in the acquisition of certain properties and leasehold interests in accordance with the provisions of Section 1.2 of the November 2, 1983 Redevelopment Agreem ent between Brady and the Authority; and WHEREAS, the Urban Renewal Authority has reviewed the documenta- tion submitted by Brady Development Corporation intended to serv e as evidence of the conduct of good faith negotiations between Brady and property owners- leaseholders; and WHEREAS, the Authority has found that the acquisition of properties and leasehold interests under consideration are necessary for the implementa- tion of the Downt own Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to arrive at a mutually acceptable acquisition arrangement ; and WHEREAS, as a result of the aforementioned findings, the Urban Renewal Authority recommends to City Council that the properties and lease- hold interests attached hereto as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment 1/6" be included in the Downtown Redevelopment Plan; and WHEREAS, the proposed amendment to the Plan were referred to the Planning and Zoning Commission for its review to determine the Plan amend- ment's conformance t o the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission conducted a review of the proposed ame ndm e nt March 20, 1984, and concluded that the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official notice has been given and public hearings were held on Mar c h 26, 1984 and April 10, 1984 to solicit comments on the proposed amendment to the Downtown Redevelopment Plan as required by C.R.S. 31-25-107(3); NOW, THEREFORE, liE IT RESOLVED by the City Co uncil of the City of Englewood, Colorado, that: • I • • - • • • ATTEST: • • • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopment Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole. Section 2. The findings of the Englewood Urban Renewal Authority with regard to good faith negotiations and the necessity of prop- erty acquisition for implementation of the Downtown Redevelop- ment Plan are hereby accepted. Section 3. The document attached hereto as Exhibit A and entitled "Englewood Downtown Redevelopment Plan Amendment 1/6" is hereby approved and shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and become a part thereof. ADOPTED AND APPROVED this ----day of -----------• 1984. Eugene L. Otis, Mayor Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado. hereby certify the foregoing is a true, accurate and complete copy of Resolution No. ______ , Series of 1984 • Gary R. Higbee • I • • - • RESOLUTION NO. ---- Series of 1984 • • • A RESOLUTIO N OF THE ENGLEWOO D CITY COUNCIL TO AMEND THE ENGLEWOOD 00\.JNTO\o/N REDEVELOPMENT PLAN. WH EREAS , the City of Englewood adopted a Downt ow n RL!clevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, the Englewood Urban Ren ewal Authority has been designated by City Council as the agency r esponsible for implementation of the Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS, the Brady Development Corporation lias requested the assis tance of the Urban Renewal Authority in the acquisition of certain properties and leasehold interests in accordance with the provisions of Section 1 .2 of the November 2 , 1983 Redevelopment Agreem en t between Brady and the Authority; and WH ERE AS, the Urban Renewal Authority has reviewed the documenta- tion s ubm itted by Brady Development Corporation intended to serve as evidence of the conduct of good faith negotiations between Brady and property owners- leaseholders; and \.fHEREAS, the Authority has found that the acquisition of properties and leaseho ld interests under consideration are necessary for the implementa- tion of the Downtown Redevelopment Plan and that Brady Development Corporation conducted good faith negotiations with property owners and lease holders in an effort to arrive at a mutually acceptable acquisition arrangement; and ~fEREAS , as a result of the aforementioned findings, the Urban Renewal Authority recommends to City Council that the properties and lease- hold interests attached hereto as Exhibit A and entitled "Downtown Redevelop- ment Plan Amendment 1/6" be included in the Downtown Redevelopment Plan; and ~ERE AS, the proposed amendment to the Plan were referred to the Planning and Zoning Commission for its review to determine the Plan amend- ment's conformance t o the Comprehensive l'lan; anc.l ~EREAS, the Planning and Zoning Commission conducted a review of the proposed ame ndm e nt March 20, 1984, and conc lud ed that the amendment is in compliance with the Comprehensive Plan; and WHEREAS, official notic has been given and public hearings were held on March 26, 1984 and Apri l 10 , 1984 to solicit co~ne nt s on the proposed amendment to th e Downtown Redevelopment Plan a s required by C.R.S. 31-25-107(3); NOW, THE REFORE, BE IT R!!:SOLVED by Lhe City Co uncil of Lhe City of Engl wood , Colorado, that: • I • - • • ATTEST: • • • -2- Section 1. The proposed amendment to the Englewood Downtown Redevelopm e nt Plan is deemed conducive to the successful implementation of the Plan and is considered beneficial to the community as a whole , Section 2. The findings of the Englewood Urban llenewal Au thority with regard to good faith n egotiations and the necessity of prop- erty acquisition for implementation of the Downtown Redev elo p - ment Plan are hereb y accepted. Section 3. The document attached h e reto as Exhibit A and entitled "Englewoo d Downtown Redevelopment Plan Amendment /16" is hereby approved a nd shall be incorporated into the Englewood Downtown Redevelopment Plan on the property listing page and b ecome a pa..-t thereof. ADOP TE D AND APPROVED this----day of -----· 1984. Eugene L. Otis, Ma y or Ex-officio City Clerk-Treasurer I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify th e foregoing is a true, accurate and complet e copy of Resolution No. ___ , Series of 1984, Gary R. Higbee • I • •