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Home My WebLink About1982-03-15 (Regular) Meeting Agenda• • • City Council Meeting-Regular March IS, 1982 0 - • CITY COUNCIL MEETING ~ 15, 1982 • • • RESOLUTION # ,i;r: 18, 19, 20, 21 ORDINANCE I 18, 19 , 20, 21 0 • I . • • • - 76 'ir_da,,J /n w_ -c,, . ' d '!..C.,/) I 1f~ ROLL CALL ?'3 rYlU Moved Seconded Ayes Nay Absent Abstain _1"119aay Near Fl tzoatrick Weist Bi lo Bradshaw Otis ~ <[; JldN A"?r & ~vuno-tux_..,. Po ,] L'1-. 4 1 e i-.- ';:Jp,;1 ~ &0 ,§C, « -11=9 z__ J lt o. ,1..,/-)//<-{_ IU?u AR uld I . • -- • • - ROLL CALL Mov ed Seconded Ayes Nay Absent Abstain Hlgaay ...... Neal £--- Fltz~atrick L- Weist ,_ J!i lo L- Bradshaw L-- Oti s L-- • I • • • • • • - • , . • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain . Hlqoay /,,-Neal . Fltznatrick Weist - ........... Rj lo Bradshaw - Otis /tt--. • • I ·====--~---• • • • - ROLL CALL Moved Seconded A~s Nay Absent Abstain H1Qdav I Neal I Fl tzoatrick I Wei st 7 ........-Bi lo I I/' Bradshaw 7 Otis I \__ I . • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1 qday Neal Fitzoatr ick Weist Bi lo Bradshaw Otis }-;}__ c. 2{)7 3 3 s zr~u';- r I ,r , \...: t Yl /> tf Ci..-o , . ) ' ,, . ' J 1.) -L~ /I cl k J 7 J ,/ tU ·1 ti/-'« . .J U/JU • I • • • • ROLL CALL Moved Seconded Ayes Nay Abs t en Ab s ta i n L--H1qday ,_ Neal Fltzoatrick Weist Bi lo Bradshaw Otis - ;i ~td---a_-£< J_ J vy (I i,._)i ~ ,,., ''-• / If a ,, '--1.A 11..L ·a._ ,Ati-.di.11/.J fa . .( j -e o-;...l ~ 1 x~ • I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1ffaclav - Neal - Fltznatrick ·-Weist -Bi lo - Bradshaw -Otis - • • I • • • • • ROLL CALL Moved s econ de d A y~ Nay Ab sent Ab stain H1odav \ Neal J .....--Fl tzoat rick I Weist I Ai lo I I./ Bradshaw r Otis \ ""' I . • • • • - ROLL CAL L Moved Seconded Ayes Na y Absent Ab s ta i n - H1Qdav \. Neal I v-Fl tzoatrick I Wei st 1 7 -Bi lo I Bradshaw 1 Oti s I "' I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absen t Ab s ta i n - H10<1av Neal Fl tzoatrick Wei s t ,~ Bi lo Bradshaw Otis 16 ------- I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday \ ~ Neal l Fltzoatrick 7 Weist I Bi lo I (._...-Bradshaw I Otis \ " I( • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1odav \ Neal I Fltzoatrick J Weist I Bi lo I Bradshaw I Otis I \._, I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fl tzoatrick Weist v Bi lo 1~ Bradshaw Otis ;~~ #17 • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hioday Neal Fi tzoatrick Wei st Aila Bradshaw Otis iu:::_lc=Le Lt I . • - Moved i--- ---.----- Seconded v ROLL CALL H1oday Neal Fl tzoatrick Wei st Bi lo Bradshaw Otis • • • Ayes Nay Absent Abstain ' \ I 7 I I/ ........_ I . • • • .. ROLL CALL Hoved Seconded Ayes N Ab ay sent Abstain HIQClay Neal Fl tznatrick Weist Ri lo Bradshaw Otis I . • • . . • ROLL CALL Moved Seconded Ayes Na y Ab sent Abstain H1 qdav Neal ~ Fi tzoatrick Weist ,_...,. Bi lo Bradshaw Oti s 1' j- I . • • • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain H1oaav Heal I--"" Fitzoatrick Weist v Bi lo Bradshaw Otis I . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Mlqday ' Neal J Fl tzoatrick I Weist I Bi lo I Bradshaw I Otis I \ I . • • - • Moved Seconded v- f b ./.).' 1 ~u-- ,,.... fl Lt {/u I ,. • • • ROLL CALL Ayes Nay Absent H1oday Neal Fl tzoatrick Weist Ri lo Bradshaw Otis /v'YL~ ~ ~ -.,,ta "1£, -r. f 4~ - t Jul•<., /i...<-"'[') ,4 l ~ <-<.. j • Abstain u ~) z_ .;I So I . • - • • ROLL CAL L Moved Secon de d Ayes Na y Absent Abstain ....... H1 gday \ Neal l Fltzoa tr ick I Wei s t I Bi lo I Bradshaw I Otis I ~ I . • Hoved ...... .. • • , . • ROLL CALL Seconded Aye N s ay Absent ' 111n<1av ' Neal I v-Fl tznat rick I Weist I Bl lo 7 Bradshaw I Otis I \... J '{ /?J (3 ~cl-l f I/ J--,J J-1 tJ cJ -1-fb Abstain I . • - • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fi tzoatrick We i s t Bi lo Bradshaw Otis I . • • • • 7:30 P.M. 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 15, 1982 1 )- . ._g]rl- Call to /~r. invocation by PaJtor Wayne Nelson, Church of the Nazarene, 4775 South Pearl Street, pledge of allegiance by Boy Scout Troop #92, and roll call. '~ (,- Minutes. (a) Minutes of the special meeting of March 8, 1982. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 minutes .) 3. 4. 5 . Other Visitors. (Please limit~our presentation to 5 minutes.) -Jh C a lv----~~ .,A-<../J __, ,/r/ y1<1 ?', i.'-r Public Hearing. / f-1/ 11 -"l h ., ~c2J1 tci Communications -No Action Recommended. (a) Minutes of the Urban Renewal Authority meeting of February 24, 1982. (Copies enclosed .) (b) Memorandum from the Fire Chief to the City Manager concerning out -of-state trips at the Nat i onal Fire Academy . (Copies enclosed .) 6. Communicat i ons -Act i on Recoumended . 7. City Attorney . Bills for Ordinances. (a) Bill amending 13-4-15 (a) (6) of the Englewood Municipal Code of 1969 pertaining to exemption under t he City use tax. (Copies nclosed.) I • • • • Page 2 March 15, 1982 Agenda 7. City Attorney (Continued). Bill approving a lease of real property owned by the City of Englewood with the governing board of the multi-jurisdictional fire arms range facility. (Copies enclosed.) Resolution . Resolution adopting Englewood Public Library Guidelines and Policies. (Copies enclosed .) ~*~~o~ ,,.(.~ ~ Other Matters. / ~ (d) Attorney's Choice . C~-# ;q rt 8. City Manager. (a) Council Communication from the Police Chief ~~'\, concernin~ Neighborhood Watch Signs. (Copies enclosed. (b) Council Communication from the Directors of tJ. Finance, Public Works and the Police Chief concernin~ Police Patrol Car bids. (Copies "t..-\ enclosed. (c) Manager's Choice. 9 . General Discussion . 10. ' 7/7 (a) Mayor's Choice. (b) Council Member's Choice. (i) Memorandum from the City Manager to Mayor Otis and Members of City Council concerning the Parks and Recreation Commission. (Copies enclosed.) -,J,,t.J:'J ._rue .,.,)1T'J' aG ~-'~ ~}' '4/elua.. Adjournment . ·i_;/ "J:. 4 t 7. D {' ,f' ''.~ n t ' 4 Z ' //":,t,'°,1'/(~!:t'7 L l ANDY MC COWN City Manag r - / It. 4' J/t <t. a <A c. 1..l·.... .Al.Jlt......: tJ.J. .. /.........._.. ~ t(.)/{ IU 1t I • • SPECIAL MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 8, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 8, 1982, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Pastor Tom Bybe e , r:nglewood Wesleyan Church, 4609 South Fox Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, ~he following were present : Council Members Higday, Neal, Fitzpatrick, We i st, Bilo , Otis. Absen t: Council Member Bradshaw. The Ma yor decla r ed a q uorwn p r e sent. * * * * * * Also present we r e: Ci ty Manager Mccown City At t orney DeWitt Di r ec tor of Eng i neer i n g Services Died e Dep u ty City Clerk Wa t kins * * * * k * COUNCIL MEMBER FITZP ATRIC K MOVED TO APPRO VE THE MINUTES OF THE REGULAR MEET1NG OF FEBRU ARY 16, 19 8 2. Council Member Bilo seconded the motion. Upon a call of the roll, t he vote resulted as follows: Ayes : N ys : Absent : Council Memb rs Higday, Neal, Fitzpatrick, W iat, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared th motion carried. • • • * * * I • March 8, 198 2 Page 2 • • • COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE SP~CIAL MEETING OF FEBRUARY 22, 1982 -4 :35 P.M. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. n1e Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE SPECI AL MEETING OF FEBRUARY 22, 1982 -4 :50 P.M. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist , Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED '£0 ACCEPT THE PROCLAMA- TION DECLARING THE WEEK OF MARCH 15 THROUGH MARCH 20, 1982, AS "DEMOLAY WEEK". Council Member Neal seconded the motion. Upon a c 11 of the roll, the vote resulted as follows: Ayes : y : Absent : Council M mbers Higday, Neal, Fitzpatrick, W ist, Silo, Otis. None. Council H mb r Br dsh w. Th Mayor d cl red th motion carri d. Mayor Oti r ad and prea nt d th procl mation to th repr a nt tiv a who pp red on b half of D Hol y. Mr. Math w E. Bu chn r thanked Council for this r cognition. * * • • • I • • March 8, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE PRO- CLAMATION DECLARING THE WEEK OF MARCH 14 THROUGH MARCH 20, 1982, AS "KELLYWEEK". Council Member Bi lo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : tiays: Absent : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. 1'1e Mayor declared the motion carried. Mayor Otis read and presented the proclamation to Ms. Donnis Brown and Ms, Sussane Doussard from Kelly Services. * * * * * * Pre-scheduled visitor Alexandra Habenight, 515 West Tufts Avenue, was present. Ms. Habenight related an incident wher e her daughter was almost hit by a car at a crosswalk between Tufts and Elati on February 26, 1982, while walking to school. Ms. Habenight requested the following steps be taken to itoprove safety: 1) move mid-block signals to the intersections; 2) have volunteer crossing guards; and 3) set up a traffic safety program with the school, city and police department. Ms. Habenight listed the agencies she has contacted in pursuit of a safer method. She stated volunteer crossing guards were prohibited because of the liability placed on the School District. Ms. Habenight stated a similar incident hap- pened six years ago and she was tired of being put off. Council Members Fitzpatrick and Bilo who are representa- tives of the Joint School-City Committee stated they wocld take this matter to their next meeting. Council Member Fitzpatrick requested that City Attorney DeWitt contact Richard Simon, attorney for the School Board, in answer to the question of school liability for volunteer crossing guards. * * * * * * Mayor Otis asked if there were other visitors wishing to address Council on matters pertaining to the agend • I • • • • • March 8, 198 2 Page 4 Lee R. Jones, 2747 South Cherokee Street, appeared be- for e Council. Mr. Jones discussed the inclusion of South Cherokee S t r eet f rom Yale to Floyd in proposed Paving District No. 28. Mr. J on es s t a ted the street had already been in a special district back in 1935 and passed out a map as evidence. Mr. Jones stated from that time the street has been maintained as far as chuck hol e s a r e conce rn e d. Mr. Jones stated the surface is breaking down and the stre et c o uld best be served by res u rfacing which wo u ld be minimal e xpens e versus major reconstruction . Mr. Jones stated almost all of t he r e sidents are of two age groups : 1) older people of which s e v eral are widows; and 2) new families just getting started. Mr. Jones sta ted the assessment costs would place a financial burden on thes e people. Mr. Jones suggest~d that Council consider the possibility of placing Cherokee Street from Dartmouth to Yale which is residential in the category of repairing the walks, curb and g utt e r , vertical curb surface and putting on a l" overlay. Counc i l Memb e r Higday recommended citizens opposing the dist rict to contact their respective Council Members and \t.OJl'..........- v o ice t h eir opposition so the Council Memb e r would£so1oe under standing of t he sit ua t i o n pr i or to th e public hearing. Council Member Neal requested that the deferral plan or d i na n ce be provided to Mr. Jones; and that a transcript of Mr. Jones 's co10ments be made available to Council before t he p ub lic hea r i ng. * * * * * * Vi r g il Thomas. 3810 South Linco l n , appear e d be fo r e Coun- cil . Mr. Th om a s d iscuss e d proposed Pav i n g Di stric t No. 2 8 . Hr. Thomas st ted a po ll of the neighborhood (37 00 -3800 So uth Lincoln) reflected overwhe l 1Di ng o ppos it ion t o t h e d istric t . Mr . Tho1a as stateJ opposit~on was o u t l i ne d in a le t ter to Mr . Higday a nd arranr,ements were being made to voice opposition to Council Mem be r Higday in a neighborhood meeting . Mr. Thomas withheld the letter fro10 the record at thls time. Mr. Thomas wanted to get more sign tures of opposition. wer e: * * * * * * 'nlere were no other visito r s at this time . * * * * * * "Communic tions -No Action R commended" on the g nd (a) Minutes of th Hall y C nter Trust FunJ - Board of Trust a m tings of Jun ?.3 and Octob r 8, 1981 and 1981 F i nancial Sh t • • ) I • March 8, 1982 Page S (b) (c) (d) (e) (f) (g) (h) (i) (j ) (k ) • • - Minutes of the Board of Adjustment and Ap- peals me etings of De c e mber 9, 1982 and Janu- ary 13, 1982. Minutes of the Denver Regional Council of Government s me eting of January 20, 1982. Minutes of the Board of Career Service Com- missioners meeting of January 21, 1982. Minutes of the Housing Authority meet i ng of January 27, 1982. Minutes of the Planning and Zoning Commission meeting of February 2, 1982. Minutes of the Urban Renewal Authority meet- ing of February 3 , 1982. Minutes of the Water and Sewer Board meeting o f Februa ry 9 , 1982. Minutes of the Downtown De v e lopment Authority meeting of Fe bruary 10, 1982. Minute s o f th e Parks a nd Rec re a t ion Comm i s- s i on meeting of Februar y 11, 1982. Mun ic ipa l Co u rt Acti v ity Re port fo r the month of J anua r y, 1 98 2 . COUNC IL MEMBER f'I TZPATRI CK MOV ED TO ACCEP T "COMMUN I CA- TIO NS -NO ACTION RECOMMENDED" AGENDA ITEMS SA -SK. Coun cil Mem - ber Bilo seconded the motion. Council Member Fitzpatrick noted correction to S(h). Mr. Fitzpatrick stated he was not absent fro1a the Water and Sewer Board meeting; only 1 te 7 minutes . Upon c 11 of the roll, the vote resulted s follows : Ayes : Nays: Absent : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis . None. Council M mber Br d h w. The Mayor decl r d the 1ootion c rri~d . * * * * * * I • • March 8, 198 2 Page 6 • • • City Manager McCown presented a Council Communica- tion from the Library Ad visory Board concerning a request for proposal for consulting services relacing to the acquisition of an automated system to include circulation control, on-line public catalog access , management reporting and cataloging for the Library Department. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROPRIATING $7,000 -$10,000 OF EN- CUMBERED FUNDS FOR USE OF THE LIBRARY IN ADDITION TO CURRENT BUDGETED $5,000 TO HIRE A CONSULTANT TO PREPARE Ai.~ RFP FOR A COMPUTER SYSTEM FOR THE LIBRARY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote result-ed as follows: Ayes: Nays : l\.bsent : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. 'Th.e Mayor declared the motion carried. ORDINANCE NO. 13 SERIES Of 1982 * * * * * * BY AUTHORITY COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE DENVER REGIONAL COUNCIL OF' GOVER NMENTS AND THE CITY OF ENGLEWOOD FOR THE PRO- VISION OF CENTRALIZED SERVICES FOR ENTRY LEVEL RECRUITMENT AND TESTl G OF LAW ENFORCEMENT OFFICER APPLICANTS. COUNCIL ~EMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 13, SERIES OF 1982, ON FINAL READING. Council M mber Bl lo seconded the motion. Upon a call of the roll, the vote r sult <l as follows: Ayes : Nays : Absent : Council Memb rs Higday, N l, Fitzpatrick, Weist, Bilo, Otis. None. Council M mber Br dsh w. 'Th. Mayor d clar d the motion c rrl d. * • * * * * ) I • - • March 8, 1982 Page 7 ORDINANCE NO. 14 SERIES OF 1982 BY AUTHORITY • • - COUNClL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE DEFINING fOOD AS AN EXJ::MPTED ITr:M UNDJ::R THE SALES TAX PROVISIONS OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED. COUNCIL MEMBER NEAL MOVED '£0 PASS COUNCIL BILL NO. 12, SERIES OF 1982, ON FINAL READING. Counc i l Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the 10otion carried. ORDINANCE NO. 15 SERIES OF 1982 * * * * * * BY AUTHOR ITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL HEHBl-:R BILO AN ORDINANCE APPROV ING AN AGREEMENT WITH SCHOOL DISTRICr NO. 1, ARAPAHOE COUNTY, COLORADO, GRANTING CITY OF ENGLEWOOD, COLORADO, AN EASEMENT TO USE SCHOOL PROPERTY FOR A STORM WATER DETENTION AREA AND ESTABLISHING OTHER RELATED TERMS AND CONDITIONS. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 14, SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrlck s c - onded the 111otion. Upon a c 11 of th roll, th vote r ulted s follows: Ayes : Nays : Ab nt : Council Members Higd y, N 1, Fitzp trick, Weist, Bilo, Otis. None. Council Memb r Br deh w. Th Mayor d cl red th 1ootion c rr: d. * * * * * * I • March 8, 1982 Page 8 ORDINANCE NO. 16 SERI ES OF 1982 • • - BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE EMKAY DEVELOPMENT IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES' O\llNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1982, ON FINAL READING. Council Member Neal seconded the 1uotion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 17 SERIES OF 1982 * * * * * * BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING $124,315 TO ENGLEWOOD HOUSING AUTHORITY TO ACQUIRE AND DEVELOP ASSISTED PUBLIC HOUSING FROM GRANT FUNDS RE-CEIVED BY THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the 1uotion. Upon a c 11 of th roll, the vote re ulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. Nays: None. Absent : Council Memb r Bradsh w. Th Mayor d clar d th motion carrl d. * * * * * * ) I • March 8, 1982 Page 9 • • - Council Member Bradshaw entered at 8 :35 p.m. ORDINANCE NO. SERIES OF 1982 __ _ * * * * * k BY AUTHORITY A BILL FOR COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE STATE OF COLORADO LAW ENFORCEMENT TRAINING ACADEMY AND THE CITY OF ENGLE- WOOD, FOR USE OF THEIR FIRING RANGE FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 17, SERIES OF 1982, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo ,I Otis. J, t , · ~·?;ft "' :{,(l.fi,,tl." Nays: None. -,;v ... l Al)~nt :(___~y,i ~ ~4 The Mayor dec lared the motion carried. RESOLUTION NO. 13 SERIES OF 1982 * * * * * * A RESOLUTION PROVIDNG FOR A PROCEDUR~ BY WHICH COMPLAINTS Or NON-BARGAINING UNIT EMPLOYEES MAY BE RESOLVED BY SUPERVISORS, DEPARTMENT HEADS, OR CITY MANAGER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 13, SERIES OF 1982. Council Member Bilo seconded the mo-tion. In r spon e to Council Member N l's qu tlon, Ctty Man g r Mccown st ted this resolution addresses the gri vane procedure for the group of employees not in a barg ining unit but still under the Career S rvice System. 0 I • March 8, 198 2 Page 10 • • - Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo,~is. /w. "' !fays: None. {!)tocll i t The Mayor declared the motion carried. RESOLUTION NO. 14 SERU:S OF 1982 * * * * * * A RESOLUTION REQUESTING THE COLORADO LEGISLATURE TO FUND THE COLORADO RESOURCE CENTER. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1982. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, 'Silo, Otis. I - J 1..tl ~1. ~,1 .. t. Nays: None. The M yor declared the 1ootion carried. * * * * * * RESOLUTION NO. 15 SERH:S OF' 1982 RES LUTION DECLARING THE INTENTION 01'' THE Cl'CY COUNCll. OF' E GLE\IJOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT OISTIUt;r I THE Cl TY. TO BE DEStGNAnD AS PAVING DISTRICT NO. 28. AOOl:'T- ING DETAIL ANO SPEClflCATIO NS r"OR 'l'HE PROPOSED DISTRICr. AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OP Hl::ARING TO THE OWNER' OF THE PROPERT'i TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. COUNClL MEMBER NEAL MOVED TO PASS Rt::SOLUTION NO. 15, SERIES Of 1982. Council M mb r Bilo s cond d th otlon. would b n h din nc City Atcorn y 0 Witt not d two public h t by p s g o this r solution, •• H tl n April 19, 1982, for fin l p ss tin district. t'in d c rch 29, L982 g of th or- ) I • • March 8, 1982 Page 11 • • • Gary Diede, Director of Engineering Services, came forward and d :.scussed the fol low ing changes to the rei;olut ion: 1. On page 6, move W. Grand Ave. from E. line Lowell Blvd. to W. line Irving Street from category 3 into category 2. 2. On page 7, (c) change amount to $1,455,200. 3. On page 7, (d) change amount of $370,150. Mayor Otis declared a recess at 8:53 p.m. to allow Mr. Diede time to verify the changes with the City Attorney. Council reconvened at 9:05 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. City Attorney DeWitt stated the changes have been veri- fied and repeated the changes as presented by Mr. Diede which ap- pear in this record. COUNCIL MEMBER BRADSHAW MOVED TO AMEND COUNCIL MEMBER NEAL'S MOTION BY MAKING THE FOLLOWING CHANG~:S IN SUBJECT RESOLU- TION: 1) ON PAGE 6, MOVE W. GRAND AVE FROM E. LINE LOWELL RLVD. TOW. LINE IRVING FROM CATEGORY 3 TO CATEGORY 2; 2) ON PAGE 7, (C) CHANGE AMOUNT OF $1,455,200; AND 3) ON PAGE 7, (D) CHANGE AMOUNT TO $370,150. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Non Th Mayor decl r d th motion c rried. Council Member N al instruct d st ff to lnclud letter xpl ining, in pl in English, the City's deferral pl n with th notic to er t Paving District No. 28 sent to ch r aid nt. Upon c 11 of th roll, th voe on the origin 1 mo- tion r ault d a follows: Ay Council H rob rs Hlgd y, N 1, Fitzp trlck, W Lst, Bllo, Bradshaw, Otie • I • • March 8, 1982 Page 12 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE PROCLAMA- TION DECLARING APRIL 18 THROUGH APRIL 25, 1982, AS "DAYS OF RE- MEMBRANCE". Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a memorandum and opinion frorn his office concerning model rockets. Mr. DeWitt stated model rockets are permitted pursuant to the rules and regulations of the Fire Chief. * * * * * * City Attorney DeWitt requested settlement of $500 in the matter of Bell vs. City of Englewood. COUNCIL MEMBER BILO MOVED TO DIRECT THE CITY' ATTORNEY TO SETTLE THE CASE OF BELL VS, CITY OF ENGLEWOOD IN THE AMOUNT OF $500. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abet · in : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw, The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a letter fro~ Rich rd M. Hu c k e by, ttorn y for V rn Mann, to the Clerk of Court of Ap- p al wit~drawing an appeal in th matt~r of Mann vs. City of Engl wood. * * * * * * ) I • • • March 8, 1982 Page 13 • • • Gary Diede, Director of Engineering Services, presented a Council Communication concerning rejecting bids for repair of Sinclair Pool. Mr. Diede explained a major leak in a copper water inlet line was repaired last year at Sinclair Pool. Specifications for replacement of inlet lines, acid washing the pool walls, miscel- laneous tile repair and various repairs were submitted for bid. The lowest bidder was Wheatland Industries, Inc. in the amount of $32,110. The Parks Department budgeted $10,000 for this type of work. Mr. Diede stated since replacement of the copper inlet lines was more expensive than anticipated, Mr. Diede recommended rejecting all bids and negotiate with the three contractors to aci<l wash the pool, repair miscellaneous damaged tile and raise the overflow gutter. Mr. Diede further recommended re-evaluating the inlet replacement work and re-bid in early fall. Discussion ensued. Council Member Neal suggested re- evaluating the Parks budget to accumulate $32,110 to repair Sinclair Pool. Council Member Bradshaw stressed the importance of the pool to the residents of Englewood; therefore, the need to award the bid and repair the pool. Council Member Higday expressed one leak maybe all the structure will experience and why spend money to replace the inlet lines at the present time. Council Member Bilo ex pressed his concerns of having $20,000 in excess available in the Parks budget when he felt all monies would be earmarked and not available. COUNCIL MEMBER NEAL MOVED TO ACCEPT THE BID FROM WHEAT- LAND INDUSTRIES, INC. IN THE AMOUNT OF $32,110; AND THE ADDITIONAL MONIES REQUIRED BE ACCOMODATED THROUGH THE EXISTING PARKS AND RE- CREATION BUDGET. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, W ist, Bradshaw, Otis. Council Members Fitzpatrick, Bilo. The Mayor declared the 1notion carried. Council Member Higday noted the afore1nention d motion may require adjustment to the Parks & Recreation Department at year nd. * * * Jt " * I • - • March 8, 1982 Page 14 • • • 0 City Manager McCown presented a Council Communication from the Director of Community Development concerning the Down-town Plan. RESOLUTION NO. 16 SERIES OF 1982 A RESOLUTION APPROVING A POLICY DOCUMENT TO GUIDE DOWNTOWN DE- VELOPMENT KNOWN AS "ENGLEWOOD DOWNTOWN DEVELOPMENT PLAN". COUNCIL MEMBER FITZPATRICK MOVED 'fO PASS RESOLUTION NO. 16, SERIES OF 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bile., Bradshaw, Otis. None. 'Ille Mayor declared the motion carried. * * * * * * Council Member Neal requested the shuttle bus question be placed on a study session agenda. 9:35 p.m, * * * * * * 'Ibere was nc further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED 'fO ADJOURN THE ME~'flNG. Mayor Otis adjourned the meeting without a vot~ at v' LllU'~~-: X ) J ~ 1 /_f._,:_:d_ ~--_ i\lt:y C'fty vLt~ I . - I . CALL TO ORDER . • • - URBAN RENEWAL AUTHORITY February 24, 1982 The Special Meeting of the Urban Renewal Authority wa s called to order at 5:30 P.M. by Chairman Robert G. Powell. Members present: Powell, Voth, Cole, Dickinson, Fitz patrick, McClung, Minnick Members absent: Alternate Novicky Powers, Ex-officio None Also present: City Attorney Rick DeWitt Planning Technician Jeri Linder Steve Bell, Hanifen & Imhoff, Inc. II. APPROVAL OF MINUT ES. Chairman Powell stated that the Minutes of February 3, 1982, were to be considered for approval. Minnick moved: Voth seconded: The Mi nutes of February 3, 1982, b pproved a s written. The motion carried . III. FINANCING FOR DOWNTOWN PLAN. Ms . Pow rs stated that Mr. Stev B 11, of Hanifen-Imhof f, Inc., has been asked to me t with th Authority to furt her discu s the financing for th public improv ments required in th Downtown Plan. Mr. 8 11 st t d form of bond • from the public basi ; int r t x exempt. cedur to b th extr m ly litie to issu "d bt" in th and borrowin mon y i don on a tax x mpt ra of th~ bonds is nd th pro- Hr. in a ndtJ, ti, I • • • - -2- and the creation of special assessment districts if this is needed. Mr. Bell stated that they rely heavily on legal assistance both from their legal staff, and from the legal staff of the subject municipality. Mr. Bell stated that the prime interest rate is 16.5% as of today, and stated that G.O. bonds carry a 12.96% rate, and that revenue bonds are at 13.62% because of the higher risk. Mr. McClung asked what face value the bonds carry. Mr. Bell stated that the face value may vary; he stated that they had done one bond for 2.2 million, and that some mini-bonds may be as low as $50. Further discussion on the ratings of bonds ensued. Mr. Bell stated that there are three agencies responsible for the ratings of bonds, one of which does rating on hospital bonds primarily. Moo d y and Standard & Poor rate municipal bonds, and noted that the City of Englewood carries a rating of A-1 from Moody, and a Stand ard & Poor rating of A+ on t heir bonds. Mr . Be l l stated that the A-1 and A+ ratings a r e the same, even though the designation is slightly different. These ratings cumpanies determine whether a project is a quality investment by the ratings given to the bonds. Mr. Bell stated that once a rating has been given to a bond, it is published on a world-wide basis. Mr. Bell discussed the process followed by the agencies in determining the ratings on General Obligation, Revenue and Assessment District bonds, as well as Tax Increment Bonds. The lower the rating given to a bond, the higher the interest rate that is charged. The ratings are reviewed on an annual basis, and a rating may be raised or lowered. Mr. Bell discussed insurance of bonds, and noted that there are two companies who insure bonds, the companies being AMBAR and MBIA. Mr. Bell discussed the advan tages of having bonds insured by one of these two companies, and the cost of that in ur nee, which is 7/8 of 1% of the total debt service. He pointed out th t this is a on -tim charg , payable up-front. He stated that it is east r to mark t bond if th y re insur d. Mr. Bell stated that h had t lk d to AMBAR r garding the tax increment bonds proposed to finance th public improvem nts, and he would r commend that th se bonds ~e insured. Mr. Bell st t d that if for so reason, retirem nt of the bonds cannot be ccomplished by the issuing municipality, the insurance company will m et th t obligation. However, th municipality would be hurt because of th d fault on th bonds, and the r ting ag ncies would be scrutinizing other bonds that hav be n issued or would b issued by that municipality. d on th mark t, nd if ar period would hav an b financed by a bond h an A-1 rating in incr nt bonds for a ability to have futur nt bond iaau will t k for a p riod of tim , r what th situation nta r not under- ) I • , • • - -3- several conferences where discussion centered around the desire of other connnunities to develop "another Cinderella City". He stated that he did not feel the competition from other municipalities should "scare" the City of Englewood in our attempts for redevelopment. Mr. Bell discussed problems with the rating agencies being located in New York, and the fact that they may not understand the economic situation in a particular section of the country. He suggested that it might prove advisable to bring some of the people from New York to Colorado so they can see first-hand what is going on, and more clearly understand what is proposed before rating the bonds. Mr. DeWitt discussed a sales and use tax issue that he was recently involved with; he noted that other areas of the state are experiencing drops in sales and use tax revenues, but the revenues for the City of Englewood are in- creasing. The issuance of bonds in "series" was then discussed. Mr. Bell also dis- cussed the matter of "arbitrage", the investment of funds at whatever rate of interest can be realized. This can be done for no more than three years. Mr. Novicky asked if there is a particular time of year when it is better to issue bonds? Mr. Mcclung asked how long it would take to market bonds? Mr. Bell stated that there is no particular time of year that is better; it all depends on the market for bonds. He noted that some bonds have been sold within two hours, and others cannot be marketed. He emphasized, however, that if the bonds cannot be sold, it is not the problem of the Urban Renewal Authority, but would be the problem of Hanifen-Imhoff, Inc. Mr. Dickinson asked if a commitment from a developer would have any affect on the marketability of the bonds? Mr. Bell stated that this is a critical factor in th marketability of the bonds. He stated that if the private develop r wa s ready to begin his phase of the program, it should not tak too long for them to market the first phase of the bonds. Mr. Bell dis- cussed the normal procedure in issuing tax increment financing bonds, the advertising for developers, etc., that Englewood has not had to follow with Brady Enterpri s inter st in the program from the start. Mr. Bell stated, however, that he did not see that one developer could do everything that is projected in the Plan. Discussion ensued. Mr. Fitzpatrick xcu d himself from th m ting at 6:40 p.m. Ms. Col a k d Mr. B 11 h h f lt about th City i suing $20,000,000 worth of bond ? Mr. B 11 tated th t th City of Englewood ha a w 11 established debt-a rvice record. Mr. Dickinaon ask d if th Plan could 11 b don through the i uanc of tax incr nt bonda, or should an alt rnate mans of financing b con- id r d. Mr. B 11 stat d th t alternat mean of financing have b n ex- plor d, nd th only oth r alt rnativ would be a aal s t x isau Hr. B 11 stat d that Brady Ent rprises does n d to d monstrate that th y hav purch s d 1 d or have an option to purch s l nd. • Col ask d if Mr. Br dy was r dy to iv such proof of commitm nt? M • Pow ra atat d that Mr. Br dy haa indicated that h ia ready to do 10; how v r, it must b prov d to him, also, th t th public improv m nta are oing ah ad. Mr. Di kinaon ask d if oth r d v lop rs w r b ing ac iv ly aou ht, and if not, why not? M • Pow ra stated that oth r d velopera are no b in I • • • - -4- actively sought at the present time. She stated that a different approach is being taken to this redevelopment program because the City is not planning to go through condemnation proceedings, clear the land, and then offer it to developers . It is felt that with the improvements to the Little Dry Creek, other parts of the total development package will fall into place. Mr . Dickinson reiterated that he felt other developers should be invited to participate. Mr. Bell reiterated that Mr. Brady came to the City; if he can con trol the development of some of the parcels, it will eliminate the step of condemnation and selling to a developer. But, it is now to the point where Mr. Brady must prove that he does have con trol of the land. He sta ted that we may well have to advertise for other developers. Ms. Powers pointed out that until two months ago, the City had nothing to offer in advertising for developers. The City now has a signed contract on the design and improvement of Little Dry Creek, and there is money in the budget earmarked for this improvement project; we also have a commit- ment from Urban Drainage and Flood Control District of financial assistan ce on the flood control project. Ms. Powers stated that the budget estimate fo r the flood control improvement on Little Dry Creek is approximately 9.3 million dollars; 6.8 million is estimated fo r construction, $600,000 for the fee for Wright-McLaughtlin, and the remainder for land acquisition. It is estimated that the design work will be done this year, and the project completed by the end of 1983. Mr. Bell stated that the fact the City has approximately 3.5 million dollars in its budget earmarked for improvement of Little Dry Creek is a definite plus in marketing the tax increment bonds. Ms. Powers asked the amount of bonds that would have to be marketed to realize the $9,000,000 for construction costs. Mr. B 11 sta ted that thi s was difficult to answer, but the amount of issuance is usually increased by 25% to 35%. Ms. Powers referred to a Summary of ~which was given to members of the Urban Ren wal Authority. She stated that this Summary of Events had been ubmitt d by Mr. Bill Lamm, Bond Counsel for the City of Englewood. This Summary gives an outline of steps to be followed on bond issuance. Ms. Powers stated that she plans to present a draft of the Urban Renewa l Plan to th members at the next m eting; how ver, she stated that she felt Mr. B 11 should b pr sent, and he would be unable to attend th meeting c h duled for Mar ch 3rd. H could, however, attend the meting if it w r to b reach dul d to March 10th. Mr. Minnick stat d that h f lt there was a lot more information that was need d to est blish th e bound ries on Little Dry Cr k. It n ed d to be d t rmin d how much of ach of th 55 parcels of land would b required for th right-of-way before the Authority g ta into th Urban R n wal Plan. Ms. Powers stat d that that lev 1 of d tail does not have to be includ d in the Urban R new 1 Plan. Mr. Pow 11 ask d if there was any reason to m et on March 3rd, or if the m ting could be r scheduled to March 10th, ao that Hr. Bell could be in att nd nc 1 Mr. Dickinson stated that he could not be pres nt at th tin on Mar ch 10th. It was d termin d that th Authority wou ld not sch dul d on March 3rd, but would reachedula th r &ular March to March 10th at 5:30 P.H. in the Library Conf r nc Rooa. ) I • - • • • • -5- Mr. Novicky asked if the bonds had to be publicly advertised before they could be sold? Mr. Bell stated that they could be sold by negotiated sale, or by public sale. He stated that they prefer a negotiated sale of bonds because it allows them to pre-sell the bonds to get the lowest interest, and it also allows the marketing agency to make more money. Mr. Bell s tated that negotiated sales turn out to be less costly in the long-run than public sales on bonds. If the public who is buying the bonds is not familiar with the project, the interest rate that the municipality must pay the purchaser will go up. Further discussion ensued on negotiated sales vs. public sales. Mr. Powell expressed the appreciation of the Authority to Mr. Bell for his presentation. V. SECRETARY'S REPORT. Ms. Powers stated that copies of proposed By-Law changes submitted by Mr. Dickinson had been included in the packet. This would be on the agenda for discussion at the meeting in March. Mr. Dickinson asked that dis- cussion on the proposed By-Law changes be delayed until April, inasmuch as he would be unable to attend the March 10th meeting. The meeting adjourned at 7:05 p.m. • a I • • • • • • TO: Andy Mccown, City Manager FROM: James Broman, Fire Chief DATE: March 4, 1982 SUBJECT: Out-of-State Trips; National Fire Academy / _/ I am enclosing a memo from our Training Division that covers recently attended classes at the National Fire Academy. I appreciate the opportunity these people have in attending classes at the National Fire Academy. Their expertise in- creases as a result of these classes, adding to the proficiency ~:~ Fire Chief ms enc. I . c • • .. - TO: James Broman, Fire Chief FROM: S. P. Trunck, Training Coordinator DATE: March 4, 1982 SUBJECT: Out-of-State Trips to National Fire Academy As part of this department's on-going attempts to provide a diverse educational and learning experience to its members, several fire officers were sent to the National Fire Academy in Emmitsburg, Maryland, for specific training courses in 1981. Established by the federal government, the National Fire Academy is dedicated to raising the professional level of those in the fire service, with the ultimate goal of reducing the life and property loss occurring as a result of fire. In order to have the greatest impact on our nation's fire problem, the academy is committed to selecting the most qualified students who have the greatest potential for utilizing the knowledge and skills taught in the courses. All attempts have been made to minimize the cost, to local fire department organizations, of attending this school. The Nation- al Fire Academy will cover the cost of transportation to and from the academy site. It will also provide housing and cover the cost of instructional materials. Public law prohibits the academy from covering the total cost of training; therefore, a portion of the costs while at the academy must be paid by each department. The fee that is required to offset a portion of the subsistence expense has been set at $60.00 for a one-week coure, $120.00 for a two-week course, and $190.00 for a three- we k course. Stud nts will be reimbursed for travel xpenses incurred in travelling to and from the academy's resident pro- gram. The training programs attended by officers of this department concentrat d on three specific areas of fire service speciali- zatio n --fireground incident command, hazardous materials, and fire prevention. A brief summary of e ch of thes courses will now be present d, in order that a basic understanding of the type and extent of the training r ceived by these men can be appreciated. I • Chief Broman Page 2 • • - The three line battalion chiefs (Battalion Chiefs Garcilaso, Haugsness, and Ward) attended Incident Command II from October 19 to 30, 1981. This two-week course was designed to provide the senior f ireground officer at an incident scene with a real - istic, applicable approach to controlling a complex, escalating emergency situation. The course stressed psychology of c ommand, pre-fire planning, command post theory and operation, and the establishment of command structure and communications therein. Realism was achieved by actively involving all students in the design of incident pre-plans and response procedures for their particular fire department, and actual involvement in large scale simulated emergencies, where they acted as officer-in - charge. This course was well received by our attending of ficers, and many of the procedures presented at the academy are now in use on this department. Also in Octobe r of 1981, Fire Mar shal Groditski and Captain O 'Steen attended the course in Fire Prevention Specialist II. This advanced module of instruction is aimed at upgrading the knowledge of fire prevent i on philosophy and its in tegrat ion wit hin the community. Specific modules were presented in under- standing and interpreting national fire and bu i lding codes, report writing, blueprint reading, evacuation planni ng, and property owner/developer in teraction with the fi re department. Additional instruction wa s given in the operation and inspec- tion of sprinkle r, detection/alarm, and extinguishing systems. The Fire Prevention Bureau of th is department must be constantly informed and aware of the rapid improvements in fire prevention technology and the g rowin g role this specialty is playing in the overall operations of advanced fire departments. It was felt by this department's participants in the course that a significan t degree of knowledge was obtained at the academy for use in upgrading Englewood's fire prevention effort. From October 4 -18, 1981, the academy present d Hazardous Materials I, the first in very intensive series on th s newly evolving apecialty. Lt. Blumenthal of this department ttended, nd r ported th t this firat module was a strenuous ex minat on of the chemical and physical properties of solida, liquids, nd g ses. This course was d signed to prepare the individu l for the interpret tion, h ndling, nd analysis of hazardous m terial spill incidents, to b covered in detail in the two rem ining s ctions of the instruction l seri a. I • - • Chief Broman Page 3 • • • Individuals for this course must be highly motivated to com- plete the rigorous academic standards required to be a hazard- ous materials specialist. This department is dedicated to incorporating this specialty in our response capabilities by continued educational involvement. The National Fire Academy resident program has proven to be both beneficial and economical to this department. Although a limited number of individuals have attended the various courses so far, the information and specific knowledge they have been infused with has been transmitted most effectively to many other members of our organization. It is hoped that this program will be encouraged in the future, and that all Englewood Fire Department officers wi ll e ventually be able to claim the status of National Fire Academy graduates. J/.;rj~ /. c:;{_e£ sti;;en P. Trunck Training Coordinator I • • • ORDINANCE NO. SERIES OF 198~ • • • BY AUTHORITY A BILL FOR 7fJ COUNCIL BILL NO . 16 INTRODUCED~Y _C OUNCIL PERSON ._f.o AN ORDINANCE AMENDING 13-4-lS(a) (6) OF THE ENGLEWOOD MUNICIPAL CODE OF 19 69 PERTAINING TO EXEMPTION UNDER THE CITY USE TAX. WHEREAS , the City of Englewood desires to f urther define the processing exemption under the City Use Tax Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That 13-4-lS(a) (6) l:>e amended as follows: 13-4-15 (a) (6) The storage , use or consumption of tangible personal property by a person engaged i n the business of manufacturing , compounding for sale, profit or use, any article, substance or commodity, which tangible personal property enters inte the preeessin! e£ er eeeeMee an in,reeient er eeMpenent part e£ the preettet er eerviee whieh ie mantt£aetttree 7 eeMpettneee er ftt~niehee ane the eentainer7 iaeei e~ the i ttrniehee ehippin! ease theree£ MEETS ALL OF THE FOLLOWING CONDITION S: 1. IS ACTUALLY AND FACTUALLY TRANSFORMED BY THE PROCESS OF MANUFACTURE: 2. BECOMES BY THE MANUFACTURING PROCESS A NECESSARY AND RECOGNIZABLE INGREDIENT, COM- PONENT OR CONSTITUENT PART OF THE FINISHED PRODUCT, AND 3. ITS PHYSICAL PRESENCE IN THE FINISHED PRODUCT IS ESSENTIAL TO THE USE THEREOF IN THE HANDS OF THE ULTIMATE CONSUMER. Introduc d, r ad in ull, and passed on first reading on h 15th day of M rch, 1982. Publish d s M rch, 1982. Bill for an Ordinance on the 17th day of Eugen L. Otia, Mayor x officio cl y clerk-Tre aura I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the fore- goi ng is a true, accurate and complete copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading the 15th day of March, 1982. Gary R. Higbee • ) I • • • • ORDINANCE NO . SERIES OF 198-2~~ • • .. - BY AUTHORITY A BILL FOR COUNCIL BILL NO . 18 INTRODUCED BY COUNCIL MEMBER ?')l ;.,.d.. .; ) J AN ORDINANCE APPROVING THE LEASE OF THE CITY OF ENGLEWOOD REAL PROPERTY TO THE MULTI-JURISDICTIONAL FIRE ARMS SCHOOL . WHEREAS, it is necessary for the City of Englewood to train its police off"cers in fire arms use; and WHEREAS, th City of Englewood, along wi h other juris- dictions, has crea ed an entity known as the "Mul i -Jur isdictional ~ire Arms School"; and WHEREAS, th Ci y of Englewood has surplus proper y suitable for use by the ult1-Jurisdic ional Fir Arms School to train police officers . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG EWOOD, COLORADO: Section 1 . An agreem nt i 1 d "L ase of Real Prop rty" be ween and among the City of Englew•)od and • h Governinq Board of he Multi -Jurisdictional Fire.Arms Ranq Facility, or anized under he laws of he Sat of Colorado, c)nsis·in o' 21 .aqes , 9 n r lly provides as follows : I • • - • • • • • shall receive approval of Douglas County officials and commence use of the facility within one year of the effective date of the lease. That property subject to the foreqoin g agreement is legally described as follows: A parcel in the NE 1 /4 of the NE 1 /4, Section 4, Township 6 South, Range 68 West of the 6th P .M., Douglas County , Colorado , described as: BEGINNING at a poin t where the West lin e of a right of way a n d easement described in Book 123 at page 227 , Douglas County records, intersects the South line of Lot 44, Plum Valley Subdivision, Douglas County, now vacated; said point also being on the northerly right of way of the Highline Canal; thence Northerly along the West line of above mentioned Book and Page 70 feet to the true point of beginning; thence Westerly and parallel to the South line of said Lot 44 and the Northerly line of the Hi g hline Canal 250.0 feet; thence on an angle to the r i ght o f 64°45' 130.3 feet more or less; thence on an ang l e to the right of 22°34 ' a distance of 100.0 feet more or less to the South right of way of Colorado Highway #470; thence Easterly along said right of way 300.3 fe e t more or less to a point on the extended West line or right of way and easement described in Book 123 at Pag 227; thence Southerly and parallel with the West line of this parcel and alo ng the West line of said Book and Page 224 .1 feet more or less to the pain of beq inn i n q , said parcel containing 1.46 acres more or l e ss, Douglas County, State of Colorado. Sec tio n 2. Tha t the Ci y :ouncil of t h e City of En g lewood hereby au thorizes he Mayor t o s ian for n d i n behalf of the C ity o f Enqle od and the ex of ficio Ci y Cl rk -Trea surer t o a t s the sam . Sec t ion 3 . Tha t a copy of ' on fil in t he Ci y offlc En lewood , Colorado . he or goin g L ase of R al Prop rty loca cd at 3 4 00 Sou h Ela i Stre t, Introduc d , r~ad in ull , nd pas s ed on irs rea di n g o n th 15th day of M rch , 1982 . P ublish d, s a Bill or n Ordin n ee on h 17 h d y of a. ch, 1982 . Eu n L. 0 i s , t yor x offic Lo ci y Cl -2 - I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of March, 1982. Gary R. Higbee -3- I • • • • • ,. • LEASE OF REAL PROPERTY THIS LEASE is made and executed on ___________ , 19 __ by and between CITY OF ENGLEWOOD, a municipal corporation organized and existing under the laws of the State of Colorado, City Hal l, 3400 South Elati, City of Englewood, County of Arapahoe, State of Colorado, herein referred to as Lessor, and the GOVERNING BOARD OF THE MULTI-JURISDICTIONAL FIRE ARMS RANGE FACILITY organized and existing under the laws of the State of Colorado, having its principa l office at 5334 S. Prince Street, City of Littleton, County of Arapahoe, State of Colorado, herein referred to as Lessee. SECTION ONE DEMISE, DESCRIPTION, AND USE OF PREMISES Lessor leases to Lessee and Lessee leases from Lessor, for the purpose of conducting therein a multi-jurisdictional fire arms range, those certain premises situate in the County of Arapahoe, State of Colorado, and more particularly described as: A Parcel in the NE 1/4 of the NE 1 /4, Section 4, To wn ship 6 South, Range 68 West of the 6th P.M., Douglas County, Colorado described as: BEGINNING at a point where the West line of a right of way and ease- ment described in Book 123 at page 227, Douglas County records, intersec a the South line of Lot 44, Plum Valley Subdivision, Douglas County, now vacated; said point also being on the northerly right of way of th Highline Canal; th nee Nor herly long the West line of above mentioned Book and Page , 70 feet to the true point of b ginning; thence Westerly and parallel to the South line of s id Lot 44 and the North rly lin of the Highline Canal 250.0 feet; th nee on an angle to the right.of 64°45' 130.3 f mor or lees; th nee on n ngle to the right of 22°34' die anc of 100.0 f e more or less to the South righ of way of Colorado Hi hway # 70; th nee Eae rly along said righ of way 300.3 f t more or less to a poin on th extended West line of right of way nd e s n described in Book 123 at P g 227; th nee South rly nd par llel with the W s lin thi nd along the W st line of said Book nd P g 224.l fee he poin of b inning, said parcel containing l. 4 I . • • ,. • As used herein, the term "premises" refers to the real property above descr i bed and t o any improvements located thereon from time to time during the term hereof. SECTION TWO TERM The initial term of this lease shall be for five (5) years, commencing on May 7, 1982 and terminating May 7, 1987, subject to renewal for an additional five (5) years to May 7, 1992 at 11:59 P.M. upon notice from Lessee. As used herein, the expres- sion "term hereof" refers to such initial term and to any renewal thereof as hereinafter provided. SECTION THREE RENT Sub j ect t o ad j ustment as provided below, the rent for the te rm hereof sha ll b e On e Doll ar ($1 ) per y ear, wh ich Lessee sha ll pay to Lessor at the t i me of d elivery of the l ease and prior t o each year hereof . SECTION FOUR WARRANTIES OF TITLE AND QUIET POSSE S SION Lessor coven ants tha t Lessor is sei z ed of the demised premis s in fee simple and has full righ t to make this lease and that L ss shall have quiet and p aceable possession of the demis d pr mises during the term h reof. -2- e I • - • • • • SECTION FIVE USES PROHIBITED Lessee shall not use, or permit the demised premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the dem i sed premises are hereby leased; and no use shall be made o r permi tted to be made of the demised premises, or acts done, which will cause a cancellation of any insurance policy covering the premises, or any part thereo f , nor shall Lessee sell, or permit to be kept, used, or sold, in or about the demised premises, any artic le which may be prohibi ted b y the standard form of fire insurance policies. Lessee shall, at its sole cost, comply with all requirements pertaining to the demi sed premises of any insurance organization or company necessary f or the ma i ntenance of i nsurance, as herein provi ded, covering any b ui lding a n d appurtenances at any t i me located on the demised premi s e s. SECTION SIX WASTE AND NUISANCE PROHI BITED During the term of this lease , Lessee shall comply with all a pplicable laws affecting the demised premises , the breach of which mi g ht result in any penalty on Lessor or forfeiture of Lessor's t i tle to the demised premises. Lessee shall not commit, or suffer t o be committ d, any waste on the demised premises or any nu i sance. -3-I • • • • • • SECTION SEVEN ABANDONMENT OF PREMISES Lessee shall not vacate or abandon the premises at any time during the term hereof; if Lessee shall abandon, vacate or surrender the demised premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the premises shall be deemed to be abandoned, at the o ption o f Lessor, except such property as may be encwnbered to Lessor. Fa i lure of Lessee to acquire approval of Douglas County offic i a ls t o construct a pistol range and failure to construct improv ements and beg i n use pr i o r to May 7, 1983 shall be construed t o be abandonment o f the premises and shall cause automatic termina- t i on of this l ease. SE CT ION EIGHT LES SOR 'S RI GHT OF ENT RY Lessee sha ll permit Les s o r and the a g ents and em ploye es of Lessor to enter into and upon t he demised pre mise s at all reason - able times for the purpose of inspectin g the same, or for the purpose of posting notices of nonresponsibility for alterations, additions, or rep irs, without any r bate of rent and without any liability to L ss for any loss of occupation or quiet enjoym nt of the pr mises th reby occasion d. S CTION NINE LESSEE SHALL NOT ENCUMBER L as ah ll no r or caua any ac o encwnb r h pro rty wi h any r gag , d d ot rust, li n or o -4- I • • • • • • SECTION TEN SUBLETTING AND ASSIGNMENT Lessee shall not sublet the premises in whole or in part without Lessor's consent. Lessee shall not assign or transfer this lease, or any interest herein, without the prior written consent of Lessor, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. Any such assignment without such consent shall be void and shall, at the option of Lessor, terminate this lease. Neither this lease nor the leasehold estate of Lessee, nor any interest of Lessee here- under in the demised premises or any buildings or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted involuntary assign- ment, transfer, or sale shall be void and of no effect and shal l , at the option of Lessor, terminate this lease. SECTION ELEVEN NOTICES All notices, demands, or other writings in this lease provided to be given or made or sent, or which m y be given or made or sent, by either party hereto to the other, shall be deemed to have been fully given or m d or sent wh n made in writing and deposited in he United St t s follows: mail, c rtified, postage prepaid, and addressed -s- I • • • • • - City Manager/City of Englewood 3400 South Elati Street Englewood, co 80110 Director of Finance/Arapahoe County 5334 South Prince Littleton, co 80166 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWELVE TAXES AND ASSESSMENTS (a) Taxes as additional rental. As additiona l rental here- under, Lessee shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts , whether general or spec ial , or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, wh ich may be levied , assessed, charged , or imposed , or which may become a lien or c harge on or against the land hereby demised, or any part thereof , the lease- h o ld of Lessee herein, the premises described herein, any building o r buildings, or any other improvements now or h reafter thereon, o r on or against Lessee 's estate hereby created which may b a s ub j ct of taxation, or on or against L asor by r son of its owner- ship of th f underlying this lease, during th ntire t rm h reof, x c pting only thoa tax a her inaft r ap ci!ic lly exc pt d. -6- I • • • • • (b) Assessments affecting improvements. Specifically and without in any way limiting the generality of the foregoing, Lessee shall pay all special assessments and levies or charges made by any municipal or political subdivision for local improvements and shall pay the same in cash as they shall fall due and before they shall become delinquent and as required by the act and proceedings under which any such assessments or levies or charges are made by any municipal or political subdivision. If the right is given to pay e ither in one sum or in instalments, Lessee may elect either mode of payment and its election shall be binding on Lessor. If, by making any such election to pay in instalments, any of such instal- ments shall be payable after the termination of this lease or any e xtended term hereof, such unpaid instalments shall be prorated as of the date of termination, and amounts payable after such date s hall be paid by Lessor. All of the taxes and charges under this Sec tion Twelve shall be prorated at the commencement and expiration of the term hereo f. (c ) Taxes exc epted. An y t h ing in this section t o the c o ntrary notwithstandi n g , Le s see shall n o t b e requi red t o pay any e state , gift, inherit n c , succession, fra n c h i s e , i n come , or excess profits taxes which my b payable by Lessor or Les s or 's legal repr senta- tive, successors, or assigns, nor shall Lessee be required to pay ny tax hat migh becom du on ccoun t of o wn ersh ip of property o h r than th t h r in le d which may b come a lien on th prop rty h r in l aa d or coll ct ble ou of the sam (d) If L as s h all in good fai t h d air o con eat th val dity or moun Of a n y t x , asse am n , levy , or -7- I • • ....... • • • - other governmental charge herein agreed to be paid by Lessee, Lessee shall be permitted to do so, and to defer payment of such tax or charge, the validity or amount of which Lessee is so con- testing, until final determination of the contest, on giving to Lessor written notice thereof prior to the commencement of any such contest, which shall be at least ninety (90) days prior to delinquency, and on protecting Lessor on demand by a good and sufficient surety bond against any such tax, levy, assessment, rate, or governmental charge, and from any costs, liability, or damage arising out of any such contest. (e) Disposition of rebates. All rebates on account of any such taxes, rates, levies, charges, or assessments required to be paid and paid by Lessee under the provisions hereof shall belong to Lessee, and Lessor will, on the request of Lessee, execute any receipts, assignments, or other acquittances that may be necessary in the premises in order to secure the recovery of any such re- bates, and will pay over to Lessee any such rebates that may be received by Lessor. (f) Receipts. Lessee shall obtain and deliver receipts or duplicate receipts for all taxes, assessments, and other items required hereunder to be paid by Lessee, promptly on payment thereof. SECTION THIRTEEN CONSTRUCTION New improvem nts. Lessee may construct those improvements necessary to carry out the uses hereby authorized. -8- I • • • • • • SECTION FOURTEEN REPAIRS AND DESTRUCTION OF IMPROVEMENTS (a) Maintenance o f improvements. Lessee shall, throughout the term of this lease, at i ts own cost, and without any expense to Le ssor , keep and maintain the premises, including all buildings a n d improvements of every kind which may be a part thereof, and all a ppurtenances thereto, including sidewalks adjacent thereto, in good, sanitary, and neat o r d er, condit i on and repair, and, except as specifically provided herein, restore and rehabilitate any i mprovements o f any kind which may be destroyed or damaged by fire, c asualty, or any other cause whatsoever, Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind , nature , or description, whatsoever to the demised premises or any b ui l din gs or impro vements thereon. Lessee shall also c o mply with a n d abide b y al l fe dera l , state, county, municipa l , and o ther governmental s tatu t e s, ord i nanc es, l aws, and regulat ions a ff e c t i n g the demises premises , the improvements thereon o r a n y activity or condition on or in such premises . (b) Damage to and destruction of improvements. The damage, destruction , or partial destruction of any building or oth r improve - ment which is a part of the premises s h all not release Lessee from ny obliga ion hereunder , except as hereinafter expressly provided , nd in case of damage to or destruction of any such building or improvem nt, L ss sh 11, at its o wn exp nse , promptly repair a n d -9- I • • - • • • • restore th sam to a condi t i on as g ood or better than that which existed prior to such damage or destruction. Without limiting such obligations of L sse , i t is a greed that the proceeds of any insur- ance cove r ing such damage or d e stru ction shall be made available to Le ssee for s u ch repa i r o r replacement. (c) Damage or destructio n occurring toward end of term. Any- th i n g t o the contrary i n the immediately preceding paragraphs of thi s section notwithstanding , i n case of destruction of the build- ing o n the premises or damage thereto from any cause so as to make i t u ntenantabl e occur r i n g dur i n g the last two (2) years of the term h e r eof , Lessee, if not then in default hereunder, may elect to terminate this lease by written notice served on Lessor within thirty (30) days after the occurrence of such damage or destruction. In the event of such termination, there shall be no obligation on the part of Lessee to repair or restore the building or improvements nor any right on the part of Lessee to receive any proceeds collected under any i ns urance po licies c overing such building or any part thereof. On such t e r mi natio n, rent , t a xes, assessment s , and any other sums payable by Lessee t o Lessor hereu nder shall be prora t ed as of the termination date , and in th event of any rent, taxes, or assess- ments shall have been paid in advance , Lessor shall rebate th same for the unexpired period for which paym nt shall have been mad (d) Election not tot rmin ate . If , i n the event of such destruction or damage durinq th l st two (2) years of the term her of, L ss e does not 1 c to t rminat this leas , th proc ds o f 11 insur nc cov r ng such d m g or d struction shall be mad -10- I • • • • - available to Lessee for such repair or replacement, and Lessee shall be obligated to repair or rebuild the building as above provided. SECTION FIFTEEN UTILITIES Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or i n connection with the use , o peration, and maintenance of the pre mises and all activities c o nducted thereon, and Lessor shall have n o responsibility o f any kind for any thereof. SECTION SIXTEEN LIENS (a) Lessee's duty to keep premises free of liens. Lessee shall k ee p a ll of the premises and every part thereof and all buildings a n d o ther impro v e ments a t any t i me l ocate d ther eon free and clear of any and all mech anics', materialmen's , and o the r lien s for o r arising out of or in conn ction with work or labor done, services p rform d, or materials or appliances used or fur n ish e d for or in connection with a n y operations of Lessee , any alt eration, imp rove- m nt , or rep irs or dditions wh ich Lessee may ma k e or permit or c use to b by L as made , or ny work or con struction , by , for , or p rmitt ed h premis s , or n y oblig tions of n y k i n d nd at 11 tim s promptly a n d fully to pay n d 11 cl ims on which a n y such li n m y or could -11- on or a b out incurr d by L ss disch rg ny nd I • • • • • be based, and to indemnify Lessor and all of the premises and all buildings and improvements thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee shall give Lessor written notice no less than sixty (60) days in advance of the conunencement of any construction, alteration, addition, improvement, or repair estimated to cost in excess of Five Thousand Dollars ($5,000) in order that Lessor may post appropriate notices of Lessor's nonresponsibility. (b) Contesting liens. If Lessee desires to contest any such lien, it shall notify Lessor of its intention to do so within ten (1 0) days after the filing of such lien. In such case, and provided that Lessee shall on demand protect Lessor by a good and sufficient surety bond against any such lien and any cost, liability, or damage arising out of such contest, Lessee shall not be in default hereunder until fifteen (15) days after the final determination of the validity thereof, within which time Lessee shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest , Lessee shall protect and indemnify Lessor against all loss, exp nse, and damge resulting therefrom. SECTION SEVENTEEN INDEMNIFICATION OF LESSOR L ssor shall not be liabl for any loss, injury, death, or damag to persons or property which t any tim may be suff red or sus in d by Less or by any p rson who o v r may at ny ti -12- I • - • • • .. • by using or occupying or visiting the demised premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, sub- tenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing, whether of the same kind as or of a different kind than the matters or things set forth above, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. The two preceeding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, or employees. SECTION EIGHTEEN ATTORNEY FEES If any action at law or in equity shall be brought to recover any rent under this l s , or for or on account of any breach of, or to enforc or int rpret any of th cov nants, t rms, or condi- tions of this l d mis d pr mis s, th from th oth r p r y r son bl torn ya' or for th r cov ry of th possession of the pr v iling p rty ah 11 be ntitled to r cov r a pr of th prev iling p rty 's coat th amoun of which ah 11 b fix d by h cour nd ah 11 b ad a part o ny judg n or d er r nd r d. -13- I • • • • •' • SECTION NINETEEN DELIVERY OF PREMISES Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed, and, at the expiration or sooner termination of this lease, peaceably and quietly quit and surrender to Lessor the premises in good order and condition subject to the other provisions of this lease. In the event of the nonperformance by Lessee of any of the covenants of Lessee undertaken herein, this lease may be terminated as herein provided. SECTION TWENTY REMEDIES CUMULATIVE All remedies hereinbefore and hereafter conferred on Lessor shall be deemed cumulat i ve and n o one exclusive of the other or of any othe r remedy con fer r ed by l aw. SE CTION TWENTY-ONE INSURANCE (al Personal injury liability i n surance . Les e shall main- tain in eff ct throughout th term of this 1 ase person al injury liability insuran ce coverin g t h e premi s es and its appur t e n a n ces in th amount of Th re Hundred Thou and Dolla rs ($3 00,0 0 0) for injury to or d ath of ny on p rson , and On Million Dollars -14 - I • • • • .. • (1,000 ,000) for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of Two Hundred Thousand Dollars ($200,000). Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for Lessor and Lessee . (b) Lessor's right to pay premiums on behalf of Lessee. All of the policies of insurance referred to in this section shall be written in form satisfactory to Lessor and by insurance companies satisfactory to Lessor. Lessee shall pay all of the premiums therefor and deliver such policies, or certificates thereof, to Lessor, and in the event of the failure of Lessee, either to effect such insurance in the names herein called for or to pay the premiums therefor or to deliver such policies, or certificates thereof, to Lessor, Lessor shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, which premiums shall be repayable to Lessor with the next instalment of rental , nd failure to repay the same sh 11 carry with it the same con equ nces as f ilure to pay any instalment of rental. Each insuror mention d in this ction sh 11 agre , by endorsern nt on th policy or policies issu d by it, or by independent instrum nt furni h d to L sor, that it will giv to Lessor thirty (30) d ya' -15-I • • • • - wr itten notice before the policy or policies in question shall be altered or cancelled. Lessor agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Lessee. (c) Blanket insurance policies. Notwithstanding anything to the contrary contained in this section, Lessee's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee; provided, however, that the coverage afforded Lessor wi ll not be reduced or diminished or other- wi se be different from that wh i ch would exist under a separate policy meeting all other req u irements of this lease by reason of the use of such blanket po licy o f insurance, and provided further that the requirements of the f o reg o i n g paragraph (a) of this section are otherwise sat i s fi e d . (d) Cost o f i nsur ance deemed addit i ona l rental. The c o st of i ns u rance r eq u ired t o be c a r ried b y Lessee in th i s section sha ll be deemed t o b e a ddit iona l ren t here unde r . SECTION TWEN TY-TWO EFFECT OF EMINENT DOMA IN (a) Effec of total condemnation. In th event the entire demised premises hall be ppropriated or taken under t h e pow r of emin nt domain by ny public or quasi-public auth ority, this lease sh 11 terminat and expire of th dat of such takin g , nd both -16- I • • • • • • Lessor and Lessee shall thereupon be released from any liability thereafter accruing hereunder. (b) Effect of partial condemnation. In the event a portion of the demised premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property, Lessee shall have the right to terminate this lease as of the date of such taking on g iving to Lessor written notice of such termination within sixty (60) days after Lessor has notified Lessee in writing that the property has been so appropriated or taken. In the event of such partial taking and Lessee does not so terminate this lease , then this lease shall continue in full force and effect as to the part not taken, and the rental to be paid by Lessee during the remainder of the term, subject to adjustment as provided in the rental adjustment provisions of Section Three hereof , sha ll be determined in the manner hereinabove provided for in such rental adjustment provision s, and any such determination shall not affect or change the times at which Lessor may require an adjustment in rent under such provisions; provided, however, that the words "which in no ev nt shall be less than the rental then being paid by Lessee" appearing in such rental adjustment provisions shall not apply with respect to such determination, but shall apply with respect to any subsequent adjustment under such rental adjustm nt provisions. -17- I • • • • • - (c) Condemnation award. In the event of the termination of thi s lease by reason of the total or partial tak i n g of the premises b y eminent domain, then in any such condemnation proceedings Lessee shal l be free to make claim against the condemning or taking author - i t y for only the unamortized cost of the improvements placed on the demised premises by Lessee and located thereon at the time of the taking or appropriation, which improvements shall be deemed to amortize in equal annual amounts over the period commencing with the date of completion of such improvements. SECTION TWENTY-THREE SURRENDER OF LEASE The vo luntary or other surrender o f this lease by Lessee, or a mutual cancellation hereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subte nancies, o r ma y , a t the optio n o f Lessor, o per ate as as a ssignment to i t o r any or al l such subleases o r subtenancies. SECTION TWENTY-F OU R DISPOSITION OF IMP ROVEMENTS 0 TERMINATION OF LEASE On termination of this lease , Lessor s hall become the owner of any building or improv on the demised premises. Lessor may, after May 7, 1987 and upon six months' writt e n n o t ice from Lessor to Lesse stating th t Lessor desires to t erminate lease a n d purch as leasehold improvem nts, Lessor may termi n a t e leas e a n d p u rchase leasehold improvem nts upon p yment to Lessee of th following sums. Th sum sh 11 be d t rmin d as of the date of notic nd s h 11 b p id wh n L sor as urn s poss sion. -18- I • • In the year In the year In the year In the year In the year In the year • • - 1987 after May 7 1988 after May 7 1989 after May 7 1990 after May 7 1991 after May 7 and 1992 to date of May 8 SECTION TWENTY-FIVE WAIVER $130,000 $104,000 $78,000 $52,000 $26,000 The waiver by Lessor or the failure of Lessor to take action with respect to any breach of any term, covenant, or condi- tion herein contained, shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such r nt. SECTION TWENTY-SIX EFFECT OF LESSEE'S HOLDING OVER Any holding over aft r the xpiration of th term of this lease, with consent of Lessor, shall be constru d to b a tenancy from month o month, at th sam monthly r nt 1 as r quir d to be paid by Lesse for th p r od i di t ly prior to th xpir tion -19-I • • • - of the term hereo f , and shall otherwise be on the terms and con- ditions herein specified, so far as applicable. SECTION TWENTY-SEVEN PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. SECTION TWENTY-EIGHT TIME OF THE ESSENCE Time is of the essence of this lease and of each and every covenant , term, condition, and provisions hereof. SECTION TWENTY-NINE BOND Lessee shall bond construction activity as provided in C.R .S . 1973, §31-26-105, as amended; however, said bond shall be established or all construction in the excess of Five Thousand Dollars ($5,000). SECTION THIRTY SECTION CAPTIONS Th captions appe ring under th section number designations of thi le se are for convenience only and are not a part of this 1 s and do not in ny way limit or mplify th terms and pro- visions of thi 1 as -20- I • • - • • IN WITNESS WHEREOF, the parties have executed this lease at ~~~~~~~~~~~~~' Colorado, the day and year first above written. CITY OF ENGLEWOOD, COLORADO Attest: GOVERNING BOARD OF THE MULTI- JURISDICTIONAL RANGE FACILITY Attest : I • • -21- • • • • - LEASE OF REAL PROPERTY THIS LEASE is made and executed on ___________ , 19 by and between CITY OF ENGLEWOOD, a municipal corporation organized and existing under the laws of the State of Colorado, City Hall, 3400 South Elati, City of Englewood, County of Arapahoe, State of Colorado, herein referred to as Lessor, and the GOVERNING BOARD OF THE MULTI-JURISDICTIONAL FIRE ARMS RANGE FACILITY organized and exi sting under the laws of the State of Colorado, having its principal office at 5334 S. Prince Street, City of Littleton, County of Arapahoe, State of Colorado, herein referred to as Lessee. SECTION ONE DEMISE, DESCRIPTION, AND USE OF PREMISES Lessor leases to Lessee and Lessee leases from Lessor, for the purpose of conducting there i n a multi-jurisdictional fire arms range, those certain premises situate in the County of Arapahoe, State of Colorado , and more particularly described as: A Parcel in the NE 1/4 of the NE 1/4, Section 4, Township 6 South, Range 68 West of the 6th P.M., Douglas County , Colorado described as: BEGINNING at a point where th West line of a right of way and ease- ment described in Book 123 at p ge 227, Douglas County records, intersects the South line of Lot 44, Plum Valley Subdivision, Douglas County, now vacated; said point also b ing on the northerly right of way of the Highline Canal; thence Northerly along the West line of above mentioned Book and Pag , 70 f et to the tru point of beginning; thence Westerly and parallel o the Sou h lin of said Lot 44 and the Northerly line of the Highline Canal 250.0 f et; thence on an angl to th right.of 64°•15' 130.3 feet mor or less; hence on an angl to th right of 22°34' a distanc of 100.0 fe more or less o th South right of way of Colorado Highway 1470; h nee Eas erly along said right of way 300.3 feet mor or less to a po1n on th xtended West 11n of right of w y and eas nt described Book 123 at Pag 227; h nc Southerly nd parall l with this parcel and along the w st lin of said Book or less o the po1n of beginning, said parcel I . • • • • As used herein, the term "premises" refers to the real property above described and to any improvements located thereon from time to time during the term hereof. SECTION TWO TERM The initial term of this lease shall be for five (5) years, commencing on May 7, 1982 and terminating May 7, 1987, subject to renewal for an additional five (5) years to May 7, 1992 at 11:59 P.M. upon notice from Lessee. As used herein, the expres- sion "term hereof" refers to such initial term and to any renewal thereof as hereinafter provided. SECTION THREE RENT Subject to adjustment as p r o v ided b elow, the rent for the term hereof shall be One Dollar ($1) per year, wh i c h Lessee s ha ll pay t o Lessor at the time of delivery of the l ease a n d prior to each year hereof. SECTION FOUR WARRANTIES OF TITLE AND QUIET POSSESSION Lessor covenants that Lessor is seized of the demised premis s in f simple and has full right to make this lease nd that L sse sh 11 h v quiet and peac abl possession of the demised premis a during th term hereof. -2- I • • • • • SECTION FIVE USES PROHIBITED Lessee shall not use, or permit the demised premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the demised premises are hereby leased ; and no use shall be made or permitted to be made of the demised premises, or acts done, which will cause a cancellation of any insurance policy covering the premises, or any part thereof, nor shall Lessee sell, or permit to be kept, used, or sold, in or about the demised premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall, at its sole cost, comply with all requirements pertaining to the demised premises of any insurance organization or company necessary for the maintenance of insurance, as herein provided, covering any building and appurtenances at any time located on the demised premises. SECTION SIX WASTE AND NUISANCE PROHIBITED During the term of this lease , Lessee shall comply with all applicable laws affecting the demised premises, the breach of which might result in any penalty on Lessor or forfeiture of L ssor's title to the demised premises. Lessee shall not commit, or suffer to b committed, any waste on the demised premises or any nuisance. -3-I • • ...... • • • • • SECTION SEVEN ABANDONMENT OF PREMISES Lessee shall not vacate or abandon the premises at any time during the term hereof; if Lessee shall abandon, vacate or surrender the demised premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be encumbered to Lessor. Failure of Lessee to acquire approval of Douglas County officials to construct a pistol range and failure to construct improvements and begin use prior to May 7, 1983 shall be construed to be abandonment of the premises and shall cause automatic termina- tion of this lease. SECTION EIGHT LESSOR'S RIGHT OF ENTRY Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the demised premises at all reason- able times for the purpose of inspecting the same, or for the purpose of posting notices of nonresponsibility for alterations, additions, or repairs, without any r bate of rent and without any liability to Lessee for any loss of occupation or quiet enjoym n of the premises thereby occasioned. s TION NINE LESSEE SHALL OT ENCUMBER L SS ah 11 not nc\lll\ber or ca us any ac 0 nc r h prop rty with any mortg 9 , d d of rust, li n or 0 h r nt. -4- I • ...... • • • - SECTION TEN SUBLETTING AND ASSIGNMENT Lessee shall not sublet the premises in whole or in part without Lessor's consent. Lessee shall not assign or transfer this lease, or any interest herein, without the prior written consent of Lessor, and a consent to an assignment shall not be d eemed to be a consent to any subsequent assignment. Any such assignment without such consent shall be void and shall, at the o ption of Lessor, terminate this lease. Neither this lease nor the leasehold estate of Lessee, nor any interest of Lessee here- under in the demised premises or any buildings or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted involuntary assign- ment, transfer, or sale shall be void and of no e f fect and shal l , at the option o f Lessor, t erminate this lease. SECTION ELEVEN NOTICES All notices, demands , or o t her writings in this leas provided to be given or made or sent, or which may b giv n or mad or a n , by either party hereto to the o t her , s h all be deemed to hav been fully given or made or sen t wh n made in writing and deposited in the Un ited States mail, certified , p ostag prepaid , and addr ssed as follows: -s- I • • • - City Manager/City of Englewood 3400 South Elati Street Englewood, CO 80110 Director of Finance/Arapahoe County 5334 South Prince Littleton, CO 80166 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWELVE TAXES AND ASSESSMENTS (a) Taxes as additional rental. As additional rental here- under, Lessee shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever nam , natur , or kind, which may be levied, assessed, charged , or imposed, or wh ich may become a lien or c harge on or gainst th land her by demis d , or any p rt th reof, the lease- hold of L ss h r in, the pr mis s described herein, any building or buildings, or ny other improv ments now or here ft r thereon, or on or gainst L ss e's estate hr by ere ted wh ich may b aubjec of t x tion, or on or gains L s or by reason of its o wn er- ship o h f underlying thi• 1 •• , during the entire t rm hr of , xcepting only h rein t r ap ci ic lly exc pt d. -6- I • • -• • • (b) Assessments affecting improvements. Specifically and without in any way limiting the generality of the foregoing, Lessee s hall pay all special assessments and levies or charges made by any municipal or political subdivision for local improvements and shall pay the same in cash as they shall fall due and before they shall become delinquent and as required by the act and proceedings under which any such assessments or levies or charges are made by any mu nicipal or political subdivision. If the right is given to pay e ither in one sum or in instalments, Lessee may elect either mode of payment and its election shall be binding on Lessor. If, by ma k i n g any such election to pay in instalments, any of such instal- ments shall be payable after the terminat i on of this lease or any e xtended term hereof, such unpaid instalments shall be prorated as of the date of termination, and amounts payable after such date shal l be paid by Lessor. All of the taxes and charges under th i s Sec t ion Twelve shall be prorated at the commencement and e xp i rati on of the term hereof. (c) Taxes excepted. Anything in th is sec t ion t o the con t r ary n o twiths t a n di n g , Le ssee shall n o t be required to pay any estate, gif t, inheritance , succession , franchise, inco , or excess profits x e s which may b pay ble by L ssor or L asor's 1 gal r presenta- t ive , successors, or assigns , nor shall L ssee be required to pay ny tax that might becom due on ccoun t of own rship of prop rty o h r han th t h rein le sed which m y becom li n on h p r o p rty h rein l as d or coll ctabl ou of th • m (d) Contestin g x a . If L •• ahall in q ood aith d air o con • th v lidi y or amoun o ny ax, n , l vy, o -7- > I • - • • • • other governmental charge herein agreed to be paid by Lessee, Lessee shall be permitted to do so, and to defer payment of such tax or charge, the validity or amount of which Lessee is so con- testing, until final determination of the contest, on giving to Lessor written notice thereof prior to the commencement of any such contest, which shall be at least ninety (90) days prior to delinquency, and on protecting Lessor on demand by a good and sufficient surety bond against any such tax, levy, assessment, rate, or governmental charge, and from any costs, liability, or damage arising out of any such contest. (e) Disposition of rebates. All rebates on account of any such taxes, rates, levies, charges, or assessments required to be paid and paid by Lessee under the provisions hereof shall belong to Lessee, and Lessor will, on the request of Lessee, execute any receipts, assignments, or other acquittances that may be necessary in the premises in order to secure the recovery of any such re- bates, and will pay over to Lessee any such rebates that may be received by Lessor. (f) R ceipts. Lessee shall obtain and deliver receipts or duplicat rec ip s for all taxes, ssessm nta, and other items requir d h r und r to be paid by Lesse , promptly on paym nt h reof. SECTION THIRTEEN CONSTRUCTION nts. L sa may cons rue thoa improv ;;.;.;;~~"""-;;..;;;....-__.;.;;.;;....-- n c saary o carry out the us a h reby authoriz d. -8- • nt I • • • - SECTION FOURTEEN REPAIRS AND DESTRUCTION OF IMPROVEMENTS (a) Maintenance of improvements. Lessee shall, throughout the term of this lease, at its own cost, and without any expense to Lessor, keep and maintain the premises, including all buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, including sidewalks adjacent thereto, in good , sanitary, and neat order, condition and repair, and, except as spe cifically provided herein, restore and rehabilitate any impr o vements of any kind which may be destroyed or damaged by fire, ca s u a l ty, or any other cause whatsoever, Lessor shall not be oblig ated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the demised premises or a ny buildings or improvements thereon. Lessee shall also comply with and abide by all federal, state, county, municipal, and other gov e rnmental statutes, ordinances, laws, and regulations affecting the demi s es premise s, the imp rovement s the reo n o r any act i v i t y o r condition on or in such premises . (b) of imp rovement s. The damage , des ruction, or p rtial destruction of any buildin g or o t her improve- ment which is part of th remis s s h all no t r elea se L ssee from ny obligation h reunder , except as h reinaf t er expre s sly provided , nd in case of dam improv m nt , L ss o or destruction of a n y such b uilding or sh 11, a j s o wn e x pen s , prompt l y rep ir n d -9- • I • • • • • • restore the same to a condition as good or better than that which existed prior to such damage or destruction. Without limiting such obligations of Lessee, it is agreed that the proceeds of any insur- ance covering such damage or destruction shall be made available to Lessee for such repair or replacement . (c) Damage or destruction occurring toward end of term . Any- thing to the contrary in the immediately preceding paragraphs of this section notwithstanding, in case of destruction of the build- ing on the premises or damage thereto from any cause so as to make it untenantable occurring during the last two (2) years of the term hereof, Lessee, if not then in default hereunder, may elect to terminate this lease by written notice served on Lessor within thirty (30) days after the occurrence of such damage or destruction. In the event of such termination, there shall be no obligation on the part of Lessee to repair or restore the building or improvements nor any right on the part of Lessee to receive any proceeds collected under any insurance policies covering such building or any part thereof. On such termination, rent, taxes, assessments, and any other sums payable by Lessee to Lessor hereunder shall be prorated as of the termination date, and in the event of any rent, tax , or assess- m nts shall have been paid in advance, Le sor shall reb te the same for the unexpired period for which paym nt shall have been made. (d) If, in the event of such d struction or damage durinq th l st WO (2) ye rs o h erm h r 0 , L SS e do s no l c 0 rm1n hi le s I th roe ds of 11 insur nc cov rin such d m g or rue ion •h 11 b mad -10- • I • • • • • • available to Lessee for such repair or replacement, and Lessee shall be obligated to repair or rebuild the building as above provided. SECTION FIFTEEN UTILITIES Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises and all activities conducted thereon, and Lessor shall have no responsibility of any kind for any thereof. SECTION SIXTEEN LIENS (a) Lessee's duty to keep premises free of liens. Lessee shall keep all of the premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', materialmen's, and other liens for or rising out of or in connection with work or labor don , services performed, or materials or appliances used or furnished for or in connection with any operations of L ssee, any alteration, improve- m nt, or repairs or dditions which Lessee may m k or permit or c us to be made, or any work or construction, by, for, or p rmitted by L as e on or bout th pr mis s, or ny oblig tions of any kind incurr d by L ss e, nd a 11 times promptly and fully to p y and d sch rg ny nd all claims on which any such lien y or could -11- • I • • • • • - be based, and to indemnify Lessor and all of the premises and all buildings and improvements thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee shall give Lessor written notice no less than sixty (60) days in advance of the commencement of any construction, alteration, addition, improvement, or repair estimated to cost in excess of Five Thousand Dollars ($5,000) in order that Lessor may post appropriate notices of Lessor's nonresponsibility. (b) Contesting liens. If Lessee desires to contest any such lien , it shall notify Lessor of its intention to do so within ten (10) days after the filing of such lien. In such case, and provided that Lessee shall on demand protect Lessor by a good and sufficient surety bond against any such lien and any cost, liability, or damage arising out of such contest, Lessee shall not be in default hereunder until fifteen (15) days after the final determination of the validity thereof, within which time Lessee shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest , Lessee shall protect and indemnify L ssor against all lo xpense, nd damg resulting therefrom. SECTION SEVENTEEN INDEMNIFICATION OF LESSOR L asor shall not be li ble for ny loaa, injury, death, or d o persons or pro r y which t ny tim m y suffer d or aua ain d by Lesa or by any person whoso v r may at any t -12- • I • • - • • • • • by using or occupying or visiting the demised premises or be in , on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, sub- tenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing, whether of the same kind as or of a different kind than the matters or things set forth above, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for i njuries to persons or property in or about the premises, from any cause arising at any time. The two preceeding sentences shall not apply to loss, injury, death, or damage arising by reason of the n egligence or misconduct of Lessor, its agents, or employees. SE CTION EIGHTEEN ATTORNEY FEES If any action at law or in equity hall be brought to recover any rent under this lease, or for or on account of any breach of, or to enforce or i nterpret any of th coven ants, term , or condi- tions of this le se, or for the recov ry of the poss asion of th demised premis s, the prevailing party shall be nti led to r cover from the other p rty as part of th prev iling p rty 'a costs rea onabl attorneys' fees, th amount of which shall be ix d by th cour nd ah 11 b m d a p rt of any judg nt or d er r nd red. -13- • I • • • • • SECTION NINETEEN DELIVERY OF PREMISES Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed, and, at the expiration or sooner termination of this lease, peaceably and quietly quit and surrender to Lessor the premises in good order and condition subject to the other provisions of this lease. In the event of the nonperformance by Lessee of any of the covenants of Lessee undertaken herein, this lease may be terminated as herein provided. SECTION TWENTY REMEDIES CUMULATIVE All remedies hereinbefore and hereafter conferred on Lessor shal l be deemed cumulative and no one exclusive of the other or of a n y o ther r e medy confe r r e d by l aw. SECTION TWENTY-ON E INSURANCE (a) Personal injury liability i n suranc L sse shall main- tain in effect thro u g h out t h e term of t h is lease p rson al i n jury liability insur n ee covering t h pr mis s nd its a p purt nan c s in the amount of Thr Hundred Thousand Doll rs ($300,000) for inJury o or d ath of ny on p rson, nd On Million Dollars -1 4- • I • - • • • • (1,000,000} for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of Two Hundred Thousand Dollars ($200,000). Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insuror as though separate policies had been written for Lessor and Lessee. (b} Lessor's right to pay premiums on behalf of Lessee. All of the policies of insurance referred to in this section shall be written in form satisfactory to Lessor and by insurance companies satisfactory to Lessor. Lessee shall pay all of the premiums therefor and deliver such policies, or certificates thereof, to Lessor, and in the event of the failure of Lessee, either to effect such insurance in the names herein called for or to pay the premiums therefor or to deliver such policies, or certificates thereof, to Lessor, Lessor shall be entitled, but shall have no obligation, to effect such insuranc and pay the premiums therefor, wh ich premiums shall be repayable to Lessor with th next instalm nt of rent 1 , and f ilure o repay th aame shall carry with it the sam consequ nces as failure to pay ny instalm nt of rental. Each insuror m ntioned in this section shall agree, by endorsem nt on th policy or polici issu d by it, or by ind pend nt instrument furnish d to L s or, th t it will give to L saor thirty (30) days' -15- • I • • • • • written notice before the policy or policies in question shall be altered or cancelled. Lessor agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Lessee. (c) Blanket insurance policies. Notwithstanding anything to the contrary contained in this section, Lessee's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee; provided, however, that the coverage afforded Lessor will not be reduced or diminished or other- wise be different from that which would exist under a separate policy meeting all other requirements of this lease by reason of the use of such blanket policy of insurance, and provided further that the requirements of the foregoing paragraph (a) of this section are otherwise satisfied. (d) Co st of insurance deemea addit iona l rental. The cost of insurance r equ ired to be carried by L ssee in this section shall be deemed to be additional rent hereund r. SECTION TWENTY-TWO EFFECT OF EMINENT DOMAIN (a) Effect of total condemnation . In the vent th entire demised pr mises hall be appropriat d or taken und r th pow r of min nt domain by any public or quasi-public authority , this l s sh 11 t rminate nd xpire a of the date of auch t king, nd both -16- • I • • • • • • Lessor and Lessee shall thereupon be released from any liability thereafter accruing hereunder. (b) Effect of partial condemnation. In the event a portion of the demised premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property, Lessee shall have the right to terminate this lease as of the date of such taking on givi ng to Lessor written notice of such termination within sixty (60) days after Lessor has notified Lessee in writing that the property has been so appropriated or taken. In the event of such partial taking and Lessee does not so terminate this lease, then this lease shall continue in full force and effect as to the part not taken, and the rental to be paid by Lessee during the remainder of the term, subject to adjustment as provided in the rental adjustment provisions of Section Three hereof, shall be determined in the manner hereinabove provided for i n such rental adjustment provisions, and any such determination shall not affect or change the times at which Lessor may require an adjustm nt in rent under such provisions; provided, however, that the words "which in no event shall b less than the rental then being paid by Lessee" appearing in such rental adjustment provisions shall not apply with respect to such determination, but sh 11 pply with r spect to ny subsequent djustment und r such r nt 1 djustm nt provision -17- • I • • • • (c) Condemnation award. In the event of the termination of this lease by reason of the total or partial taking of the premises by eminent domain, then in any such condemnation proceedings Lessee shall be free to make claim against the condemning or taking author- ity for only the unamortized cost of the improvements placed on the demised premises by Lessee and located thereon at the time of the taking or appropriation, which improvements shall be deemed to amortize in equal annual amounts over the period commencing with the date of completion of such improvements. SECTION TWENTY-THREE SURRENDER OF LEASE The voluntary or other surrender of this lease by Lessee, or a mutual cancellation hereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subtenancies, or may, at the option of Lessor, operate as as assignment to it or any or all such subleases or subtenancies. SECTION TWENTY-FOUR DISPOSITION OF IMPROVEMENTS ON TERMINATION OF LEASE On termination of this lease , Lessor shall become the owner of any building or improvements on the demised premises. Lessor may, after May 7, 1987 and upon six months' written notice from Lessor to Lesse stating th t Lessor desir s to terminate lease and purchase 1 asehold improvements , Lessor may terminat lease and purchase 1 sehold improvem nts upon p yment to L as of th following sums. Th sum sh ll b d t rmin d as of th d te of notice nd shall b id when L saor assum • poss ssion. -18- • I • • • • • • of the term hereof, and shall otherwise be on the terms and con- ditions herein specified, so far as applicable. SECTION TWENTY-SEVEN PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. SECTION TWENTY-EIGHT TIME OF THE ESSENCE Time is of the essence of this lease and of each and every covenant, term, condition, and provisions hereof. SECTION TWENTY-NINE BOND Lessee shall bond construction activity as provided in C.R.S. 1973, §31-26-105, as amended; however, said bond shall be established for all construction in the excess of Five Thousand Dollars ($5,000). SECTION THIRTY SECTION CAPTIONS The captions pp aring under the section number design tions of this leas ar for convenience only nd are not a part of this 1 ase nd do not in ny way limit or amplify th t rma nd pro- visions of this leas . -20- • I • • • In the year In the year In the year In the year In the year In the year • • • 1987 after May 7 1988 after May 7 1989 after May 7 1990 after May 7 1991 after May 7 and 1992 to date of May 8 SECTION TWENTY-FIVE WAIVER $130,000 $104,000 $78,000 $52,000 $26,000 The wa iver by Lessor or the failure of Lessor to take action with respect to any breach of any term, covenant, or condi- tion herein contained, shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor 's know ledge of such preceding breach at the time of acceptance of such rent. SECTION TWENTY-SIX EFFECT OF LESSEE'S HOLDING OVER Any holding over after the expiration of the term of this lease, with consent of Lessor, shall be construed to be a tenancy from month to month , at the same month ly rental as requir d to be paid by Lessee for th p riod imm diately prior to th expiration -19- • I • • • • • - of the term hereof, and shall otherwise be on the terms and con- d itions herein specified, so far as applicable. SECTION TWENTY-SEVEN PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply t o and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. SECTION TWENTY-EIGHT TIME OF THE ESSENCE Time is of the essence of this lease and of each and every covenant, term, condition, and provisions hereof. SECTION TWENTY-NINE BOND Lessee shall bond construction activity as provided i n C.R.S. 1973, §31-26-105, as amended; however, said bond shall be established fo r a ll construction in the excess of Fiv Thousand Dollars ($5 ,00 0). Th c ptions pp 0 hl8 l s ar for as nd do not n vis1on a of this l • SECTION THIRTY SECTION CAPTIONS aring under th a c ion conv ni nc only nd r number d not a P ny w y limit or mplify the t rms -20- • aignationa rt of this and pro- I • • • • • • IN WITNESS WHEREOF, the parties have executed this lease at ~~~~~~~~~~~~~' Colorado, the day and year first above written. Attest: Attest: CITY OF ENGLEWOOD, COLORADO GOVERNING BOARD OF THE MULTI- JURISDICTIONAL ARMS RANGE FACILITY -21- I . • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 198-2~~ A BILL FOR COUNCIL BILL NO. 18 INTRODU~~~UN CIL MEMBER ~ - AN ORDINANCE APPROVING THE LEASE OF THE C ITY OF ENGLEWOOD REAL PROPERTY TO THE MULTI-JURISDICTIONAL FIRE ARMS SCHOOL. WHEREAS, it is necessary for the City of Englewood to train its police officers in fire arms use; and WHEREAS, the City of Englewood, along with other juris- dictions, has created an entity known as the "Multi-Jurisdictional Fire Arms School"; and WHEREAS, the City of Englewood has surplus property suitable for use by the Multi-Jurisdictional Fire Arms School to train police officers . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section 1. An agreement titled "Lease of Real Property" between and among the City of Englewood and the Governing Board of the Multi-Jurisdictional Fire Arms Range Facility, organized under the laws of the State of Colorado, consisting of 21 pages, generally provides as follows: The term of the lease shall be • 's I • • - • • • • shall receive approval of Douglas County officials and commence use of the facility within one year of the effective date of the lease . That property subject to the foregoing a g reement is leg ally described as follows: A parcel in the NE 1 /4 of the NE 1 /4, Section 4, Township 6 South, Range 68 West of the 6th P.M., Douglas County, Colorado, described as : BEGINNING at a point where the West line of a right of way and easement described in Book 123 at page 227, Douglas County records, intersects the South line of Lot 44, Plum Valley Subdivision, Dou glas County , now vacated; said point also being on the northerly right of wa y of the Highline Canal ; thence No rtherly along the West line of above mentioned Book and Page 70 feet to the true point of beginning; thence Westerly and p aral lel to the South line of said Lot 44 and the Northerly line of the Highline Canal 250.0 feet; thence on an angle to the right of 6 4°4 5' 130 .3 feet more or less; thence on an angle to the ri g ht of 22 °34 ' a distance of 100 .0 feet more or less to the South right of way of Colorado Highway #470; thence Easterly along said right of way 300.3 feet more or less to a point on the extended West line of right of way a nd easement d escribed in Book 123 at Page 227; thence Southerly and parallel wi th the West line of this parcel and along the West line of said Book and Page 224 .1 feet more or less to the point of beginning , said parcel containing 1 .46 acres more or less, Douglas County , State of Colorado . S ction 2. That the City Council of the City of Englewood hereby a uthorizes the Mayor to sig n f o r and in behalf of the City of En g lewood and th ex of f i cio City C lerk-Trea surer to attest the s am e . S c tio n 3 . That a copy of th o r goi n g r.ease of Rea l Prop r t y 1s on f i le i n th C ity offic s loc ed t 3 4 00 Sou th Ela i Str En 1 wood , Co l orado . A In roduc d , rad in full, nd pass 15 t h day of M rch , 1 9 82 . on firs r di n g o n P ubli sh d s a Bill for an Ordin n c on t h 17 h d yo rch , 1982 . Eug n L . 0 i s , H. yo r 1C1 0 C ty C -2- • I • • - • • • • • I, Gary R. Higbee , ex officio City Clerk-Treasurer of the Ci t y of Englewood, Colorado, hereby certify that the foregoing i s a true, accurate and complete copy of a Bill for a n Ordinance, in troduc ed , read in full, and passed on first reading on the 15th day of March, 1982. Gary R. Hi g bee • I • • • • LEASE OF REAL PROPERTY THIS LEASE is made and executed on.~~~~~~~~~~' 19 by and between CITY OF ENGLEWOOD, a municipal corporation org anized a n d existing under the laws of the State of Colorado, City Hall, 3400 South Elati, City of Englewood, County of Arapahoe, State of Co l orado, herein referred to as Lessor , and the GOVERNING BOARD OF THE MULTI-JURISDICTIONAL FIRE ARMS RANGE FACILITY organized and exi sting under the laws of the State of Colorado, having its principal off ice at 5334 S. Prince Street, City of Littleton, County of Arapahoe, S t a te of Colorado, herein referred to as Lessee. SECTION ONE DEMISE, DESCRIPTION, AND USE OF PREMISES Lessor l e ases to Lessee and Lessee leases from Lessor, for the purpose o f conducting therein a multi-jurisdictional f i re arms ran g e, those certain premises situate in the County of Arapahoe, S tate o f Co lorado , and more parti cularly described as: A Parcel in the NE 1/4 of th e NE 1/4, Sectio n 4, Township 6 South, Range 68 West of the 6th P .M., Douglas County , Colorado described as: BEGINNING at a point where the west line of a right of way and ease- ment described in Book 123 at page 227 , Dougl s County r e cords , inte rsects the South line of Lot 44, Plum Valley Subdivision, Douglas County, now vacated; said point also being on the northerly right of way of the Highline Canalr thence Northerly along the West line of above mentioned Book and Page, 70 feet to the true point of beginning; thence Westerly and parallel to the South line of said Lot 44 and the Northerly line of the Highline canal 250.0 feet; hence on an angle to the right .of 64°45' 130.3 f t mer or less; th nee on an angle to th right of 22°34' a dist nee of 100.0 feet more or less to the South right of way of Color do Highway #4701 th nee Easterly along said right of way 300.3 feet or l ss to a point on the extended West line of right of way and de cribed in Book 123 at Pag 227; th nee Southerly nd parallel W st lin of this parcel and along th West line of said Book and Pag 224.l feet more or l as to the poin of beginning, said parcel con aining 1.46 acres mor or l ss. • I • • • • • • As used herein, the term "premises" refers to the real property above described and to any improvements located thereon from time to time during the term hereof. SECTION TWO TERM The initial term of this lease shall be for five (5) years, commencing on May 7, 1982 and terminating May 7, 1987, subject to renewal for an additional five (5) years to May 7, 1992 at 11:59 P.M. upon notice from Lessee. As used herein, the expres- s i on "term hereof" refers to such initial term and to any renewal thereof as hereinafter provided. SECTION THREE RENT Sub j ect to a dj ustment as provi d e d b elow, t he r ent f or the term hereof shall be On e Doll a r ($1) p er year , which Les see s h all pay to Lessor at the time of delivery of the lease and prior to each year hereof, SECTION FOUR WARRANTIES OF TITLE AND QUIET POSSESSION L ssor covenants that Lessor is seized of the demised pr mia a in f e simple and ha full right to m k thi leas and h t L a e sh 11 have quiet nd p ac abl poss s ion of th is d pr mises during th term h r of. -2- • I • • • • • • SECTION FIVE USES PROHIBITED Lessee shall not use, or permit the demised premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the demised premises are hereby leased; and no use shall be made or permitted to be made of the demised premises, or acts done, which will cause a cancellation of any insurance policy covering the premises, or any part thereof, nor shall Lessee sell, or permit to be kept, used, or sold, in or about the demised premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall, at its sole cost, comply with all requirements pertaining to the demised premises of any insurance organization or company necessary for the maintenance of insurance, as herein provided, covering any building and appurtenances at any time located on the demised premises. SECTION SIX WASTE AND NUISANCE PROHIBITED During the term of t his lease , Le s see shall comply with all applicable laws affecting the demised premises , the breach of which might result in any penalty on Lessor or forfeiture of Lessor 's title to the demised premises . Lessee shall not commit, or uffer to be committed, any was t e o n t h e demised premises or ny nuisanc • -3- • I • • • • • • SECTION SEVEN ABANDONMENT OF PREMISES Lessee shall not vacate or abandon the premises at any time during the term hereof; if Lessee shall abandon, vacate or surrender the demised premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be encumbered to Lessor. Failure of Lessee to acquire approval of Douglas County officials to construct a pistol range and failure to construct improvements and begin use prior to May 7, 1983 shall be construed to be abandonment of the premises and shall cause automatic termina- tion of this lease. SECTION EIGHT LESSOR'S RIGHT OF ENTRY Lessee shall permit Lessor and the agents and emp loyees of Lessor to enter into and upon the demised premi ses at all reason- able times for the purpose of inspecting the same, or for the purpose of posting notices of nonresponsibil ity for alterations, additions, or repairs, without any rebate of rent and without any liability to Lease for ny loss of occupation or quiet enjoyment of the premises thereby occasioned . SECTION NINE LESSEE SHALL NOT ENCUMBER L SS •h ll not ncum:,,er or c us ny ct to encumb r h property with any mortg , d d o tru•t, li n or oth r in•trum n • -4- • I • -• • • SECTION TEN SUBLETTING AND ASSIGNMENT Lessee shall not sublet the premises in whole or in part without Lessor's consent. Lessee shall not assign or transfer this lease, or any interest herein, without the prior written consent of Lessor, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. Any such assignment without such consent shall be void and shall, at the option of Lessor, terminate this lease. Neither this lease nor the leasehold estate of Lessee, nor any interest of Lessee here- under in the demised premises or any buildings or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law i n a ny manner whatsoever, and any such attempted involuntary assign- ment, transfer, or sale shall be void and of no effect and shall, a t the option of Lessor, t ermi nate this l ease. 0 S ECT ION ELEVE NOTICES All notic s , d manda, or oth r writings in thia leas provided iv n or mad or s nt, or which y giv n or m de or s n , by ith r p rty h r to to th oth r, ah 11 be de d to hav been ully given or mad or s n wh n m d in writing and d posit d i n h • Un d St t a ollowa: l, c rti i d, po• ag -5- prepaid , nd ddr a d I • • • • • City Manager/City of Englewood 3400 South Elati Street Englewood, CO 80110 Director of Finance/Arapahoe County 5334 South Prince Littleton, co 80166 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWELVE TAXES AND ASSESSMENTS (a) Taxes as additional rental. As additiona l renta l here- under, Lessee shall pay and discharge as they become due, p r ompt ly and before delinquency, all taxes, assessments, rates, charg es, license fees, municipal liens, levies, excises, or imposts, whether general or spec i al, or ordinary or extraordinary, of e very name, nature and kind whatsoever, including all governmental charg es of wha tsoever name , n a ture , or kind, which may be lev i e d , as ses s ed , charged , or imposed , or which may b ecome a l i en or charge on or against t h e land hereby demised , or a n y p art thereo f , the lease- hold of Lessee herein , the premises descri b ed h erein, any building or buildings , or any oth er improv e me nt s n o w or hereafter thereon, or on or again st Lessee 's e state h ereb y created wh ich may be a subject of taxation, or o n or again s t Le ssor b y rea son of its o wn er- ship of the fee u n derlyi n g t h is lease , d u rin g t h e e ntire term h ereof, xcepting o n ly t h ose taxes h erein after s p ecifically excepted. -6- • I • • • • • (b) Assessments affecting improvements. Specifically and without in any way limiting the generality of the foregoing, Lessee shall pay all special assessments and levies or charges made by any municipal or political subdivision for local improvements and shall pay the same in cash as they shall fall due and before they shall become delinquent and as required by the act and proceedings under which any such assessments or levies or charges are made by any municipal or political subdivision. If the right is given to pay either in one sum or in instalments, Lessee may elect either mode of payment and its election shall be binding on Lessor. If, by making any such election to pay in instalments, any of such instal- ments shall be payable after the termination of this lease or any ex tended term hereof, such unpaid instalments shall be prorated as of the date of termination, and amounts payable after such date shall be paid by Lessor. All of the taxes and charges under th is Section Twelve shall be prorated at the commencement and expiration of the term hereof. (c) Taxes excepted. Anything in th is section t o the contrary notwithstanding, Lessee shall not be required to pay any estate, gif t, inheritance, succession, franchise, income, or excess profits taxes which may be payable by Lessor or Lessor's legal representa- tive, successors, or assigns, nor shall Lessee be required to pay any tax that might become due on account of o wn ership of property o ther than that herein leased which may become a lien on the property herein leased or collectable out of the same. (d) Contesting taxes . If Lessee shall in good faith desire o cont st th validity or amount of any tax, ass ssm nt, levy, or -7- • I • • • • ,. • other governmental charge herein agreed to be paid by Lessee, Lessee shall be permitted to do so, and to defer payment of such tax or charge, the validity or amount of which Lessee is so con- testing, until final determination of the contest, on giving to Lessor written notice thereof prior to the commencement of any such contest, which shall be at least ninety (90) days prior to delinquency, and on protecting Lessor on demand by a good and sufficient surety bond against any such tax, levy, assessment, rate, or governmental charge, and from any costs, liability, or damage arising out of any such contest. (e) Disposition of rebates. All rebates on account of any such taxes, rates, levies, charges, or assessments required to be paid and paid by Lessee under the provisions hereof sha l l belong to Lessee, and Lessor will, on the request of Lessee, execute any receipts, assig nments, or other acquittances that may be necessary i n the premi ses in order to secure the recovery of any such re- b ates, and will p ay over to Lessee any such rebates tha t ma y b e received by Lesso r . (f) Recei pts . Lessee s h all obt ain a n d d eliv er r ceipts or duplicate receipts for all taxes , assessment , and other items required h r und r to be paid by L asee , promptly on paym nt ther of. SECTION THIRTEEN CONSTRUCTION nts . L ssee may con truct those improvem nts .....;;~-'-..... ;;.........;~~~ n cess ry to c rry out the uses h reby authoriz d. -8- • I • - • • • • SECTION FOURTEEN REPAIRS AND DESTRUCTION OF IMPROVEMENTS (a) Maintenance of improvements. Lessee shall, throughout the term of this lease, at its own cost, and without any expense t o Lessor, keep and maintain the premises, including all buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, including sidewalks adjacent thereto, in g ood, sanitary, and neat order, condition and repair, and, except as specifically provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever, Lessor shall not be o bligated to make any repairs, replacements, or renewals of any kind, nature, or descr i ption, whatsoever to the demised premises or a n y buildin g s o r improvements thereon. Lessee shall also comply with a nd ab i d e by all f ederal, state, county, municipal, and other governm e ntal statu t es , ordi nances, laws, and regulatio ns affec t ing the demises premises, the improvement s the r eon or any ac tivit y or c o ndition on or in such premises . (b) Damage t o nd destruction of improvement s . The damage, des truction, o r p rtial destruction of any buildin g or o ther improve- m nt which is a p rt of the premises s h all n ot re lea se L ss e from ny o bligation hereunder , exce p t as h erein after exp ressly provid d, nd in case of dam q to or des t r u ction of a n y such b uilding or improvement , L ss sh 11 , at its o wn x p n s , promptly r p ir nd -9- • , I • • • • • • restore the same to a condition as good or better than that which existed prior to such damage or destruction. Without limiting such obligations of Lessee, it is agreed that the proceeds of any insur- ance covering such damage or destruction shall be made available to Lessee for such repair or replacement. (c) Damage or destruction occurring toward end of term. Any- thing to the contrary in the immediately preceding parag raphs of this section notwithstanding , in case of destruction of the build- ing on the premises or damage thereto from any cause so as to make i t untenantable occurring during the last two (2) years of the term hereof, Lessee, if not then in default hereunder, may elect to terminate this lease by written notice served on Lessor within thirty (3 0) days after the occurrence of such damage or destruction. In the event of such termination, there shall be no obligation on the part of Lessee to repair or restore the building or improvements nor any right on the part of Lessee to receive any proceeds collected under any insurance policies covering such building or any part thereof. On such termination, rent, taxes, assessments, and any other sums payable by Lessee to Lessor hereunder shall be prorated as of the termination date, and in the event of any rent, taxes, or assess- ments shall have b en paid in advance, Lessor shall reb te th same for the unexpired period for wh ich payment shall have been made . (d) Election not to terminate. If, in the event of such d s ruction or dam g durinq th last two (2) years of th erm hr o&, L sse dos no elec to termin t this le s , h proce ds of 11 insur nc cov ring such d m g or d s ruction sh 11 m d -10- I • • • • • • available to Lessee for such repair or replacement, and Lessee shall be obligated to repair or rebuild the building as above provided. SECTION FIFTEEN UTILITIES Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in c o nnection wi th the use, operation, and maintenance of the p r e mi ses and a l l activities conducted thereon, and Lessor shall have no responsib i l i ty of any kind for any thereof. SECTION SIXTEEN LIENS (a) Lessee's duty to keep premises free of liens. Lessee shall keep all of t h e premi ses and e very part thereof and a l l bu ild i n g s and other improvements at a n y time l ocate d thereon free and clear of any and all mech a n ics ', ma terialmen 's , and oth er liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with a n y operation s of Lessee , a n y al t eration, improve- ment, or repairs or additions wh ich Lessee may ma k e or permit or cause to b made, or any work or con struction , b y , for , or permitted by Lessee on or about the premises , or any obligation s of any kind incurred by Leese , nd at 11 times promptly a n d fully to pay and disch rg ny nd all claims on which any such lien may or could -11- I • • ....... • • • • b e based, and to indemnify Lessor and all of the premises and all buildings and improvements thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee shall give Lessor written notice no less than sixty {60) days in advance of the commencement of any construction, alteration, addition, improvement, or repair estimated to cost in excess of Five Thousand Dollars ($5,000) in order that Lessor may post appropriate notices of Lessor's nonresponsibility. (b) Contesting liens. If Lessee desires to contest any such lien, it shall notify Lessor of its intention to do so within ten (10) days after the filing o f such lien. In such case, and provided that Lessee shall on demand protect Lessor by a good and sufficient surety bond against any such lien and any cost, liability, or damage arising out of such contest, Lessee shall not be in default h e r e under until fifteen (15) days after the final determination of the v al i dity thereof, within which time Lessee shall satisfy and di s c harg e such lien to the extent held valid; but the satisfaction and discharge of any such l ien shall not, in any c ase, be delayed until execut i on is h a d o n any judg ment r endered the reon, and such delay shall b e a default of Lessee h ereunde r . In t h e eve nt of any such contest , Lessee shall protect and indemnify Lessor again st all loss , expense, a n d damge resulting t h erefrom . SECTION SEVENTEEN I NDEMNIFICATION OF LESSOR Lessor shall not be liable for a n y loss , injury, death, or d m ge to p rsons or prop rty which at ny tim m y b suffer d or sus in d by Less or by any p raon whoso v r may at any ti -12- I • • - • • • • b y u sing or occupy ing or v i siting the demised premises or be in, o n, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, sub- tenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing, whether of the same k i nd a s or of a di f ferent kind than the matters or things set forth above, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, in j u r y, death, or damage. Lessee hereby waives all c l aims against Lessor for damages to the building and improvements that are now on o r hereafte r placed or built on the premises and t o the property o f Lessee in, on, or about the premises, and for i n j uries to persons or proper ty in or about the premises, from any c ause a rising at any time. The two preceeding sentences shall not app l y to lo ss, i n j ury, death, or damage arising by reason of the n egligen ce o r misconduct of Lessor, its agents, or employees. SECTI ON EIGHTEEN ATTORNE Y FEES If any action at law or in equity shall be brought to recover any rent under this lease, or for or on accoun t of any breach of, or to nforce or interpret any of the covenan ts , terms, or condi- tions of this lease , or for th recovery of t h e poss aaion of th d mised premis s , the prev iling party s h all b e n titl d to recover rom th oth r p rty s p rt of t he pr vailing p rty'a coats re eon bl ttorn ya' f s, the amount of which shall b fix d by th cour and eh 11 b m d part of any judgm n or d er r nd r d. -13- I • • • • • • SECTION NINETEEN DELIVERY OF PREMISES Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed, and, at the expiration or sooner termination of this lease, peaceably and quietly quit and surrender to Lessor the premises in good order and condition subject to the other provisions of this lease. In the event of the nonperformance by Lessee of any of the covenants of Lessee undertaken herein, this lease may be terminated as herein provided. SECT ION TWENTY REMEDIES CUMULATIVE All remedies hereinbef ore and hereafter conferred on Lessor s h all be deemed cumulative and no one exclusive of the other or of any oth er remedy conferred by law. SECTION TWENTY-ONE INSURANCE (a) P rsonal injury li bility insurance. Lessee shall main- t in in eff ct throughout th term of this lease p rsonal injury li bility insur nc covering the premises and its ppurtenances in th amount of Thr Hundr d Thous nd Dollars ($300 ,000) for injury to or d ath of ny one person, and On Million Dollars -14- I • - • • • • (1,000,000) for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of Two Hundred Thousand Dollars ($200,000). Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insuror as though separate policies had been written for Lessor and Lessee. (b) Lessor's right to pay premiums on behalf of Lessee. All o f the policies of insurance referred to in this section shall be written in form satisfactory to Lessor and by insurance companies s atisfactory to Lessor. Lessee shall pay all of the premiums therefor and deliver such policies, or certificates thereof, to Lessor, and in the event of the failure of Lessee, either to effect s uch insurance i n the names herein called for or to pay the premi ums t h e refor o r to deliver such policies, or certificates thereof, to Les sor, Lessor shall be ent i tled, but shall have no obligation, to effect such i nsurance and pay the premi ums therefor, which premiums shall be repayable to Lessor wi th the n e x t i nsta l men t of rental, and failure to repay the same shall carry with it t h e sam c onsequenc s as failur to pay any instalment of ren tal. Each insuror m ntioned in this s ction shall agr , by endorsem n t on th policy or policies issu d by it, or b y i n d pen den t i n strum nt furnish d to L ssor, that it will give to L ssor t h irty (3 0 ) days ' -15-I • - • • • • written notice before the policy or policies in question shall be altered or cancelled. Lessor agrees that it will not unreasonably wi thhold its approval as to the form or to the insurance companies selected by Lessee. (c) Blanket insurance policies. Notwithstanding anything t o the contrary contained in this section, Lessee's obligations to c a r ry the insurance provided for herein may be brought within the c o verage of a so-called blanket policy or policies of insurance c arried and maintained by Lessee; provided, however, that the coverage afforded Lessor will n o t b e reduced or diminished o r other- wi se be different from that wh ich wou l d exist under a separate p o licy meeting all other req u i r ements of this lease by reason o f the use of such blanket pol i cy o f insurance, and provided further that the requiremente of the foregoing paragraph (a) of this section are otherwise sati sfied. (d) Cost of insurance deemed additional rental. The co st of i nsur ance requ i red t o be carr ied b y Lesse e in th i s section sha ll be deemed to b e a dd i t iona l rent h e r e under . SECTION TWENTY-TWO EFFECT OF EMINENT DOMA IN (a ) Effect of total condemnation. In the event the entire d mi sed premi ses shall be appropriated or taken under the pow r of min nt doma i n by any public or quasi-public authority , this lease s h 11 t rminate and xpire as of the date of such taking, and both -16- I • • • • • • Lessor and Lessee shall thereupon be released from any liability thereafter accruing hereunder. (b) Effect of partial condemnation. In the event a portion of the demised premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property, Lessee shall have the right to terminate this lease as of the date of such taking on giving to Lessor written notice of such termination within sixty (60) days after Lessor has notified Lessee in writing that the property has been so appropriated or taken. In the event of such partial taking and Lessee does not so terminate this lease, then this lease shall continue in full force and effect as to the part not taken, and the rental to be paid by Lessee during the remainder of the term, subject to adjustment as provided in the rental adjustment provisions of Section Three h e reof, shall be determined in the manner hereinabove provided for i n s uch renta l ad j ustme nt p r ovisions, and any such determi nation shall not affect or change the times a t wh ich Le ssor may req u ire an adjustm nt in rent under such provision s; provided, h o wever , that th words "which in no event shall b less t h a n the rental th n being paid by L ssee" appearing in such rental adjustment provisions shall not pply with resp ct to such d e t ermin ation , but hall pply wi h r spect to any subs qu n t djus tm nt u n der such r nt 1 djustment provisions . -17- • I • • • • • - (c) Condemnation award. In the event of the termination of this lease by reason of the total or partial taking of the premises by eminent domain, then in any such condemnation proceedings Lessee shall be free to make claim against the condemning or taking author- i ty for only the unamortized cost of the improvements placed on the demised premises by Lessee and located thereon at the time of the taking or appropriation, which improvements shall be deemed to amortize in equal annual amounts over the period commencing with the date of completion of such improvements. SECTION TWENTY-THREE SURRENDER OF LEASE The voluntary or other surrender of this lease by Lessee, or a mutual cancellation hereof , shall not work a merger, and shall, at the option of Lessor, termi nate all or any existing subleases or subtenancies, or may, at the option of Lessor, operate as as assignment to it or any or all such subleases or subtenancies. SECTION TWENTY-FOUR DISPO SITION OF IMPROVEMENTS ON TERMINATION OF LEASE On termination of this lease, Lessor shall become the owner of ny building or improvements on the demised premises. Lessor may, after May 7, 1987 and upon six months' written notice from Lessor to L ssee stating that Lessor desires to termin te lease and purch 1 asehold improv m nts, Lessor may terminate lease and purchase 1 a ehold improv m nts upon p ym nt to L ssee of the following sums. Th sum sh ll b d t rmined of the d t of notic and ah ll b p id wh n L ••or ssum poss saion. -18- • I • • In the year In the year In the year In the year In the year In the year • • • 1987 after Ma y 7 1988 after May 7 1989 after May 7 1990 after May 7 1991 after Ma y 7 and 1992 to date of May 8 SECTION TWENTY-FIVE WAI VER $130,000 $104,000 $78,000 $52,000 $26,000 The waiver b y Lessor or the f a ilure of Lessor to take action with respect to any breach of any term, covenant, or condi - tion herein contained, shal l not be deemed to be a waiver o f such term, covenant, o r cond i t i on, or subsequent breach of the same, or any o ther term, c ovenant, or condition therein contained. The subsequent acceptance of rent hereunder by Lessor shall not be dee med to be a waiver o f any pre ceding breach by Lessee of any t erm , c ovenant, or condi tion of thi s lease, other than the f ailure of Le ssee t o pay the parti cul a r rental so accepted, regardless of Lessor 's knowledge of such p r eceding breach at the time of acceptan ce of suc h ren t . SECTION TWENT Y-SIX EFFECT OF LESSEE'S HOLDI NG OVER Any holding over after the expiration of the term of this lease, with consent of Lessor, shall b construed to be a tenancy from month to month, at the sam monthly rental as required to b p id by L ssee for th period imm diately prior to the expiration -19- • I • • • • • • of t he term hereo f , and shal l o the rwi s e be o n the terms and con- di tions herein specified, so f ar as appl i cab l e. SECTION TWENTY-SEVEN PARTIES BOUND T he covenants and conditions herein contained shall, subject to t h e provi sions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, executors, administrators, and assigns o f all of the parties hereto; and all of the parties hereto shal l be jointly and severally liable hereunder. SECTION TWENTY-EIGHT TIME OF THE ESSENCE T i me is of the essence o f thi s lease and of each and every covenan t , t e rm, cond i t i on, and p r ovis i ons hereof. SECTION TWENTY-NINE BOND Lessee shall bond construction activity a s provid ed in C.R .S . 1973, §31-26-105, as amended; however, said bond shall be established for all construction in the excess of Five Thousand Dollars ($5,000). SECTION T HIRTY SECTION CAPTIONS Th captions appe ring under the section number designations of his le se ar for convenience only and are not a part of this 1 se nd do not in ny way limit or amplify th t rms and pro- visions of this le • -20- • I • • - • • • • • • IN WITNESS WHEREOF, the parties have executed this lease at ~~~~~~~~~~~~~' Colorado, the day and year first above written. Attest: Attest: CITY OF ENGLEWOOD, COLORADO GOVERNING BOARD OF THE MULTI- JURISDICTIONAL ARMS RANGE FACILITY -21- I • • - • • • • • r' • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: Marcp 10, 198~ RE: Resolution/~nglewood Public Library Guideline• •nd Policies 7 c Council h~e adopted an informal policy of not having printed volwninous documents more than once. I am taking it to apply to the attached resolution concerning the above matter. One complete copy will b~ presented at the City Council meeting for review by the City Council members. Should yo~ choo•e that 1 not follow this policy in the future, please advise and I will terminate i t i mmediately. bb Attachment -r • I . - • RESOLUTION NO.__,_/_f_ SERIES OF 1982 • • • A RESOLUTION ADOPTING ENGLEWOOD PUBLIC LIBRARY GUIDELINES .J>.Nfr ~LICI~ WHEREAS, the Public Library Board is charged, pursuant to the ordinances of the City of Englewood, to recommend to the City Council the adoption of rules and regulations for use of the Englewood Public Library; and WHEREAS, the Public Library Board has made an extensive study of those guidelines aAa pelieies it believes necessary for the proper operation of the Englewood Municipal Library; and WHEREAS, the Public Library Board has made a recommendation to the City Council, that recommendation being titled "Englewood Public Library Guidelines and Policies", adopted by the Board November 10, 1981; and WHEREAS, the Englewood City Council has revi ewed said guidelines and policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. City Council of the City of Englewood hereby adopts as the rules and regulations of the Englewood Public Library that document t i t led "Englewood Public Library Guidel i nes aad Pelieies~ approved b y the Public Library Board November 10, 1981. Section 2. At no time shall the foregoing rules and regul ations adopted by the En gl ewood City Council be construed t o violate or authoriz violation of any municipal ordinance , home rule charter, state statute, Colorado Constitution , federal law , or the Un ited States Constitution . ADOPTED AND APPROVED thi 15th day of March, 1982. Eugene L. Oti A • I • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci ty of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982. Gary R. Higbee • I . - • • MEMO TO: FROM: DATE: RE: • • • Mayor Otis and Members of City Council Rick DeWitt, City Attorney March 10, 1982 Resolution/Englewood Public Library Guidelines and Policies Council has adopted an informal policy of not having printed voluminous documents more than once. I am taking it to apply to the attached resolution concerning the above matter. One complete copy will be presented at the City Council meeting for review by the City Council members. Should you choose that I not follow this policy in the future, please advise and I will terminate it immediately. bb Attachment • I • • • RESOLUTION NO. SERIES OF 1982~~~ • • • A RESOLUTION ADOPTING ENGLEWOOD PUBLIC LIBRARY GUIDELINES AND POLICIES. WHEREAS, the Public Library Board is charged, pursuant to the ordinances of the City of Englewood, to recommend to the City Council the adoption of rules and regulations for use of the Englewood Public Library; and WHEREAS, the Public Library Board has made an extensive study of those guidelines and policies it believes necessary for the proper operation of the Englewood Municipal Library; and WHEREAS, the Public Library Board has made a recommendation t o the City Council, that recommendation being titled "Englewood Public Library Guidelines and Po licies", adopted by the Board November 10, 1981; and WHEREAS, the Englewood City Council has reviewed said g uidelines and policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. City Council of the City of Englewood hereby adopts as the rules and regulations of the Eng l ewood Public Library that document titled "Englewood Public Library Guidelines and Policies" approved by the Public Library Board November 10, 1981. Section 2. At no time shall the foregoing rules and reg ulations adopted by the Englewood City Counc il b e construed to violate or authorize violation of any municipal ordinance , home rule charter, state statute, Colorado Constitution , federal law, or the United States Constitution . ADOPTED AND APPROVED this 15th day of March, 1982. Eugene L . Otis, M yor A test: ex officio City Cl rk-Treaaurer • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982. Gary R. Higbee • I • • • OR DINANCE NO. SERIES OF 198-2~~- • • • BY AUTHORITY A BILL FOR COUNCI L BILL NO . 19 INTRODU C ~ BY COUNCIL MEMBER L)'.;:2 AN ORDINANCE APPROVING AN AGREEMENT WITH SCHOOL DISTRICT NO . 1 , ARAPAHOE COUNTY, COLORADO, GRANTING CITY OF ENGLEWOOD, COLORADO, AN EASEMENT TO USE SCHOOL PROPERTY FOR A STORM WATER DETENTION AREA AND ESTABLISHING OTHER RELATED TERMS AND CONDITIONS, AND REPEALING ORDINANCE NO. 15, SERIES OF 1982. WHEREAS, the City of Englewood has embarked upon a p rogram o f limiting Little Dry Creek to the confines of its channe l in t he C ity of Englewood; and WHEREAS, the goal is to prevent loss of public and pr iva t e prope r t y to flood damage; and WHEREAS, School District No. 1, Arapahoe County, Co l orado , Englewood Scho o l s, desires to assist in controlling flood waters i n the City o f En g lewood to protect, among other thing s, the s c h ool tax base; and WHE REA S, t h e Cit y of Eng lewo o d desi r es t o cooperate wi th and pro t ec t the Sc h oo l Board . NOW , THE REF ORE, BE I T ORDAINED BY THE CITY COUNCI L OF THE C ITY OF E NGLE WOOD , COL ORADO: Section 1 . There i s here b y approve d an a greement t i tled "A greement Storm Water Detention Ar e a" b e tween the Ci t y of Eng l e wood , Colorado , and School District No . 1 , Arapahoe County , Co lorado , a s a t tached here t o and incorpora t ed b y referenc e as Exh i bit A. The aforedescribed Agreement generally provides as Sec tion 2. fo llows : 1 ) Scho ol 's use for educational purpose is paramount use. 2 ) A n o nexclus i v easement is granted by the Schoo l Distric t t o th C ity of Englewood for storm water detention o ver proper ty o wn e d by the School District nd used for athletic pur- pos s . 3 ) Th S c hool District shall review and approve f ina l pl ns for cons ruc tion of the storm water detention area. 4 ) Th C ity shall save and hold harmless the Schoo l D1stric n d i s Bo r d of Directors against any and al l cla ims r1ain rom h C ity 's u e of the det ntion area. I • • • • • • 5) City shall not use the p roperty in a manner that creates a nu i sance; construction and maintenance shall be coordinated with the School Board and shall be at City's expense; City recognizes the need for open space and shall attempt to pro- vide for the same along historic Little Dry Creek; City shall not make alterations unless approved by the School Board; City shall cause no liens to attach to the property; School's use shall not hinder capacity of the storm water holding area. 6) City shall properly insure the property. Section 3. There is hereby repealed Ordinance No. 15, Series of 1982. Section 4. The Mayor of the City of Englewood, Colorado, is hereby authorized to affix his signature to the aforedescribed Agreement for and in behalf of the City Council of the City of Englewood, Colorado, and the ex officio City Clerk-Treasurer is authorized to attest the same. Introduced, read in full, and passed on fir st reading on the day of , 1982. Published as a Bill for an Ordinance on the~~~day of ~~~~~~' 1982. Attest: Eugene L. Otis, Ma yor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the d y of , 1982. -2- • I • • - • • • • EXHIBIT A AGREEMENT STORM WATER DETENTION AREA THIS AGREEMENT, made and entered into this~~~~da y o f ~~~~~~~~~~' 1982, by and between SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, by and through its Board of Educati on, h e reinafter referred to as "District", and the CITY OF ENGLEWOOD , COLORADO, a Colorado municipal corporation, hereinafter referred t o as "City", WITNESSETH WHEREAS, the School District is the owner of certain real p r o perty located in the County of Arapahoe, State of Colorado, which i s ad j acent to Little Dry Creek; and WHEREAS, the City desi r es t o construct a storm water deten- tion area as part of a publ ic drainage pro j ect to pro vide fo r "100-year flood " pro tec t ion from L i ttle Dry Creek, ad join i n g the a f oresaid proper t y; and WHEREAS, the aforesaid property is s uitable for t h e construc- t ion o f th n ded storm water d tention area which is in th best int res ts of th citizen of th Di trict and th City by eliminat- ing ri sk o f d mag to liv s and property from Little Dry Creek floodi n g ; and WHEREAS, th District can con inu th ua of th afor said prop r y for its 9 n r 1 purpoa a following th r construction • I • • • • • thereof to be used concurrently as a storm water detention area; and WHEREAS, the City is a public body pursuant to C.R.S. 1973, 32-11-101 et seq., and is a subdivision of the State pursuant to C .R.S. 1973, 22-32-101; and WHEREAS, it is necessary for the City to acquire an easement in certain property of the District in connection with the construction of the storm water detention pond as part of the drainage project; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, hereinafter appearing, the parties hereto agree as follows: 1. GRANT OF EASEMENT. The District hereby grants and conveys to the City a non- exclusive easement for the purpose of construction, use, and maintenance of a storm water detention pond upon the District property described as follows: Beginning at a point on the West line of Lot JO, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NW corner of said Lot 30 bears North a diH- tance of 5.57 feet; thence South along the WeRt line of Lota 30 to 25 (inclusive) said Olock ~ dist nc of 174.73 f et to th North lino o( th t pare l d scribed in Book 1063, paqo 264, Ar p ho County Records; th nee South alon<1 a lin 180 f t Eaat of nd parallel to th WoRt lin of th SE 1/4 of ~E 1/4 said S ction 3 a diat nee of 515 f t; th nee E at along a lino 515 f t South of and p rall•l t~ th North lino of th SE 1/4 of NE 1/4 said S ction 3 ll dis .nc< of 440 f et; th nc defl cting right 67° a diR- t nee of 75 f t; th nc d tl cting l ft 41J 0 ., distanc of 200 f t to th South lino of thnl p re l described n Book 927, page 29, l\r pa hut County R corda; th nc st along id Soutll -2- • I • - • • • • • line a distance of 140 feet to the SW corner of that parcel described in Book 855, page 542, Arapahoe County Records; thence East 155.l feet and North 125 feet along the South and East lines, respectively, of said parcel described in Book 855, page 542; thence North a distance of 127.32 feet along the East line of that parcel described in Book 1403, page 41, Arapahoe County Records, to the South line of that parcel described in Book 1282, page 579, Arapahoe County Records; thence Southeasterly along said South line a distance of 13.52 feet; thence North along the East line of said parcel described in Book 1282, page 579, a distance of 196 feet; thence Northwesterly along the North line of Lots 1, 2, and 3, SANDRA'S SUBDIVISION, a distance of 183.2 feet to the NW corner of Lot 1, SANDRA'S SUBDIVISION; thence Northwesterly along the South line of that parcel described in Book 452, page 592, Arapahoe County Records, a distance of 327.2 feet to a point; thence Northwesterly to a point on the South line of Lot 25, Block 6, HIGGINS ENGLEWOOD GARDENS, from which the SW corner of said Lot 25 bears West 70.92 feet; thence Northwesterly along the North line of that parcel described in Book 1124, page 104, Arapahoe County Records, a distance of 75.2 feet to the NW corner of said Lot 25; thence Northwesterly to a point on the East line of Lot 23 of said Block 6, from which the SE corner of said Lot 23 bears South a distance of 2 feet; thence Northwesterly along the North line of that parcel described in Book 1094, page 600, Arapahoe County Records a distance of 132.85 feet to a point on the West line of Lot 22 of said Block 6 from which the NW corner of said Lot 22 bears North a distance of 3 feet; thence Northwesterly to a point on the East line of Lot 28, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NE corner of said Lot 28 bars North a dietanc of 5.72 feet; thence Nor hw eterly along th Sou h line of that parcel d ecrib d in Book 1124, pg 103, Arapahoe County R cord distanc of 1 4 5.09 t t to the Point of B ginning, Ar paho County, Colorado • Storm wa er d r a, as us d in hi• Agr -3- I • - • • • • • construc ted proportioned reduction in the existing elevation of the aforesaid property by approximately six (6) to eighteen (18) feet, in order to form the bottom and sides of the detention area, along with other necessary excavation and construction generally in accordance with the attached sketch, designated Exhibit A, prepared by Sellards & Griggs Consulting Engineers. It is under- stood and agreed that final plans for this water detention area must be approved by the Board of Education of the District. Said water detention area shall be designed in accordance with Sellards & Griggs Report No. 75019-44, dated February 1978 (Exhibit B). 2. DURATION OF EASEMENT AND REVERSION OF INTEREST. The duration of the aforesaid easement shall be perpetual, subject to written modifications upon the mutual consent of both the District and the City, or their successors, or the termination by the City of the aforesaid easement in said property. The duration of the occupancy of the water detention area by flood waters is understood to be temporary and intermittent, dependent on weather conditions. The City agrees to promptly clean up any debris and deposits remainin g after storm water has b en returned to Little Dry Creek from the storm water detention r a nd pay the costs thereof. 3 . CONSIDERATION. Th City sh 11 pay as consideration to th District the s um of One Dollar ($1) per y ar , th receipt of w ich is hereby confessed ion 11 a nd acknowledged, nd oth r good and valuable considera- for h in this Agr m nt. -4- • I • • • • • • 4. HOLD HARMLESS. The City agrees fully to save harmless and defend the District and the District's Board of Directors personal ly from all suits, actions, demands, or claims in law o r in equity, arising out of the execution of this Agreement, or th use, con- struction, and maintenance of the real property herein descr i bed. The City shall be responsible for any liability resulting from any litigation and shall pay the costs of suit, attorneys' fe e s, appellate costs, and any other costs or expenses which may be assessed against the District and the District's Board of Directors personally as a result of any suit, demand, or claim filed concerning this Agreement. S. ODLIGATIONS OF CITY. a. Purpose. The premises shall be used solely for the facility and purpose described in paragraph l above or for such other purposes as the District may approve. The City will not carry on or permit upon the premises any offensive, noisy, or dangerous activity or any nuisance to the public or to the adjoining n e i ghbors. The City will pay, upon demand, any damages to the premi s e s c aused by the misuse of same by it or its agents or i ls employee s . The City shall not exercise any control over the rou t ine use of th facilities by the District. The City shall not use the facility to det in water except when in its best judgment said uae is necessitated by virtue of storm or other me rg ncy conditions. b. Construction -s- • I • • • • • The storm water detention area described above shall be constructed by the City at its sole cost and expense according to approved plans and specifications. The City shall maintain said detention pond and facilities and be responsible for costs neces- sary for use and maintenance of property as a storm water detention area . The District shall maintain all portions not related to storm water detention area purposes as the District determines necessary so long as the capacity of the storm water detention area i s not diminished or infringed upon. It is anticipated that construction shall take one (1) year to complete from letting of bids for construction and returning facilities to a condition usable by the District. City agrees to take whatever steps are necessary to return facilities to a condition usable by District as near as practicable as that currently on the property and install permanent underg round sprinkling system, all at City cost. The City shall provide District with City park facilities necessary for District's use to includ thos functions found on Exhibit C at the locations designated therein, for the period during the construction and in the fu ure such im s as the water detention are is fill d with torm w er nd not r turned to a usa b le condition for Distric function within five (5) days of its tempo rary and intermitt nt us by orm w ers. Th City ' obligat ion to provid th Dis ric wi h Ci y p rk f cilities during tempor ry n d int rmitt nt us o th r a by s orm wat r shall cont i nu unt il the City h s r -6- • I • • • • • • any debris and deposits remaining after storm water has been returned to Little Dry Creek from the area. The City agrees to pay all transportation costs using District's transportation facili- ties based on actual cost of transporting students and faculty to and from school located adjacent to site of storm water detention area to the appropriate City facilities designated in Exhibit__£__, said actual cost based on District's normal unit operating expenses for transportation facilit i es, on a per pupil, per mile basis, plus additional equi pment and h i ring of additional drivers neces- sary to carry out sa i d purpo se s , the i ntent being for the District to recover not l ess than he exact costs of such transportation. District shall pprove the construction schedule and City shall require suffici n i nsure prompt exe cution o th construction ma y t a k long r s curi t y f rom the contractor to work. Both parties unde rstand tha t han one y ear but Ci ty sha ll ins ure t ha t contractor , i n no event, s h all take more than one and o n e - half y ears to complete cons t ruc t ion of the detent i on pond f a cili t ies. c . L ittle Dry Cr k Improvemen t s. The City agrees to cons truct improvements gen erally in conformance to Sellards ' Grigg Report No. 75019-44 dated F bruary , 1978, xcluding the options to construct ups r am dams. (Exhibit B). The City recognizes t he ne d and desir bility of providing open space a n d a pedestrian a n d bicycle link between the District 's prop rty nd t h e South Platte River. Th City intends to develop ppropri te rou t es in th vicini y of Historic Li l Dry Cr k for uch lin k . Further, City r cogniz th n d to improv h g n ral pp r nc of down town Engl wood nd in nds to d v lop aeath tic at nd rda tha r p opl or d _,_ • I • • - • • • - with landscaping and open spaces applicable to both public and private development in the City and consider ordinance changes to accomplish this goal. d. Alterations. With the exception of the interim facilities and initial completed construction of the storm water detention area, the City will not make or permit any alterations or additions to the premises or place any additional structures, facilities or equipment on the premises without the District's prior wr itten approval. The City shall submit plans for minor remodeling to the Board of Education for approval. No major remodeling wil l be permitted that would preclude the District's use of the real property for its general purposes prior to this Agreement. Upon termination by City of the above-described easement in said prop rty, City shall restore or replace any portion of the premises damaged or otherwise affected by such alterations, additions, structur s, facilities , or equipment, unless such restoration r pair was waived by the District at the time approval was given for such addition or alteration. The District shall approve cons ruction sch dul s and th City shall r quire sufficien s curity rom contractor o in ure promp xecu ion of work. Facility Th Ci y sh 11 p y (1) all lie ns , us , or oth r es; (2) 11 wt r, l c ricity, w r, or o h r u ility or a rv c ch rg a; nd (3) all oth r op r ting nd cons ruction ns a in conn c ion wi h h cons rue on , ua nd m int n nc o h t o h a or said prop r y us •• a orm w r • • I • • • • • • f. Compliance with Law. The City will comply with all applicable federal, state, county, municipal and other laws, ordinances, rules and regulations relating to all or any part of the following: (i) the premises; (ii) the operation of the facility conducted thereon; (iii) the maintenance of the premises; and the City shall refrain from using the premises in any way in violation of such law, ordin ance, rule or regulation. g. Liens. The City will keep the premises free of all liens and/ or claims to be placed on the premises, for whatever reason, to be removed within 30 days after the City has knowledge of such lien; and the City agrees to release, indemnify and hold the District harmless from and against such liens and/or claims. h. Surrender of Premises. The City will , upon termination of its easement in said property, surrender the premises to the District, in a good order and condition, and wh n applicable, in compliance with the provisions of paragraph S(d). 6. COMPATIBLE USE BY DISTRICT. The District may make improvem nts and undertake construc- tion on the above-describ d property so long as such improvem nts and construction do not reduce the capacity of the site for storm wat r detention or reduce its hydrologic 1 efficiency for said purpose. The District sh 11 r qu s of the Ci y i s pprov 1 and the City shall not wi hhold pprov l provid d th propos d cons ruc- tion nd improvem nt • isfy th atorm w t r det n ion r quir m n s h r in. The Dis ric 's us of h proper y for i a pr s n pur- -9- I • • • • • ,. • poses as athletic field and for subsequent compatible uses approved by the City shall be deemed dominant and accommodated by the City if possible . 7. INSURANCE. The District shall continue its insurance coverage on the real property described herein during its use of the property for its general purposes. The City shall, in addition, include the above-described real property in its insurance coverage for loss resulting from the use of said property as a storm water detention area for liability in excess of the coverage maintained by the District, at the City's expense. Said excess coverage shall be obtained and kept in force during the term of this Easement Agreement and shall include, inter alia, a comprehensive public liability insurance coverage, insuring the District and the City against any liability arising ou t of the use, occupancy and maintenance, and all ar as appurtenant thereto by the City in excess of coverage provid d by the District. The City shall d liver to the District, prior o right of entry, copies of policies of insurance required h r in, or c rtificates evidencing the existenc of such insuranc wi h a loss payable cl use satisfactory to the District. No policy shall cane llabl or subject to r duction of coverage. 8. BINDING ON SUCCESSORS AND ASSIGNS. The t rms and conditions of this Agre ment shall b b nding on th successors and s igns of both par i s hereof. -10- • I • - • • • • 9. REMEDIES UPON BREACH. In the event of breach of the terms and conditons hereof by either party the other party shall be entitled to spe cific performance of this Agreement or, in the alternative, the non- breaching party shall be entitled to damages suffered as a re s ult of the breach. The District may not revoke or cancel this Agreement in the event of the City 's breach but must resort to the remedies herein provided. IN WITNESS WHEREOF, the District h a s caused these presents to be executed by the President of its Board of Educatio n and attested by the Secretary thereof, and the City has caused these presents to be exec uted by the Mayor and attested by the Director of Finance ex officio City Clerk-Treasurer . ATTEST: Secretary ATTEST: G ry R. Hiqb , ex of icio City SCHOOL DISTRICT NO. 1, Arapahoe County, Colorado President of its Board of Education CITY OF ENGLEWOOD, COLORADO a Colorado Municipal Corporation By~~~~~~~~~~~~~~~~ of Finance a surer -ll- Eugene L. Otis, Mayor • I • • ORDINANCE NO.~~~ SER IES OF 1982 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 19 INTRODUCE!ft ~~~ C COOUNCIL MEMBER ~ ~~~-== ....... ~~~ AN ORDINANCE APPROVING AN AGREEMENT WITH SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, GRANTING CITY OF ENGLEWOOD, COLORADO, AN EASEMENT TO USE SCHOOL PROPERTY FOR A STORM WATER DETENTION AREA AND ESTABLISHING OTHER RELATED TERMS AND CONDITIONS, AND REPEALING ORDINANCE NO. 15 , SERIES OF 1982. WHEREAS, the City of Englewood has embarked upon a program of limiting Little Dry Creek to the confines of its channel in the City of Englewood; and WHEREAS, the goal is to prevent loss of public and private property to flood dama g e; and WHEREAS, Schoo l District No. 1, Arapahoe County, Colorado, En glewood Schoo ls, desires t o assist in controlling flood waters in the Ci ty o f Englewood t o p r otect, among other things, the school tax b ase; and WHEREAS, the Ci ty of En g l e wo od desires t o cooperate wi th and pro t ect the Sc h ool Boar d . NO W, THE REFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF EN GL EWOOD , COLORADO : Section 1. There is h ereb y a pproved an a greement t i t l e d "A greem n t Storm Water Deten tion Area" b e twee n the Ci t y of En g lewood, Colorado , and Sch ool Dis t ric t No. 1 , Arapah oe County , Co l orado , as a ttach ed hereto a n d i n corporated by reference as Exh i bit A. Section 2. follows: Th e ~foredescrib d Agreeme nt ge n erally p rovide s as District prop rty p o s s. 1) School's us for education 1 purpose is paramoun us 2) A nonexclusive sem n is gr nted by th School to the City of Englewood for torm wat r det ntion over owned by th School District nd us d for thletic pur- 3) The School Dis rict hall fin 1 pl ns for construction of h storm wa 4 ) Th City shall SS th School District nd i s Bo rd of Dir c ors ag nd 11 claim rising rom h c y 's us of t h a. • I • - • • • • • 5) City shall not use the property in a manner that creates a nuisance; construction and maintenance shall be coordinated with the School Board and shall be at City's expense; City recognizes the need for open space and shall attempt to pro- vide for the same along historic Little Dry Creek; City shall not make alterations unless approved by the School Board; City shall cause no liens to attach to the property; School's use shall not hinder capacity of the storm water holding area. 6) City shall properly insure the property. Section 3. There is hereby repealed Ordinance No. 15, Series of 1982. Section 4. The Mayor of the City of Englewood, Colorado, is hereby authorized to affix his signature to the aforedescribed Agreement for and in behalf of the City Council of the City of Englewood, Colorado, and the ex officio City Clerk-Treasurer is authorized to attest the same. Introduced, read in full, and passed on first reading on the day of , 1982. Published as a Bill for an Ordinance on the~~~day of ~~~~~~' 1982. Atte st: Eug ene L. Otis, Mayor ex of fi cio City C ler k-Treasure r I , Gary R . Higb ee , ex officio C i ty Clerk-Treasure r o f t h e City of Englewood, Colorado, hereby cert ify that the above and foregoing is a true , accurate a n d comple t e copy of a Bill fo r an Ordinance, introduced, read in full , and pas s ed on first reading on the day of , 1 98 2 • -2- • I • - • • • • • EXHIBIT A AGREEMENT STORM WATER DETENTION AREA THIS AGREEMENT, made and entered into this~~~~day of ~~~~~~~~~~' 1982, by and between SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY , COLORADO, by and through its Board of Education, hereinafter referred to as "District", and the CITY OF ENGLEWOOD, COLORADO, a Colorado municipal corporation, hereinafter referred to as "City", WITNESSETH WHEREAS, the School District is the owner of certain real property located in the County of Arapahoe, State of Colorado, which is adjacent to Little Dry Creek; and WHEREAS, the City desires to construct a storm water deten- tion area as part of a publ ic drainage pro ject to provide for "100-year flood " protection from Little Dry Creek , adjoining the aforesaid property; and WHEREAS , the aforesaid property is suitable for the construc- ion of the needed storm wate r detention area which is in the best interests of the citizens of th District and the City by eliminat- ing ri sk of damage to lives and property from Little Dry Creek floodi n g ; and WHEREAS, the District c n continue th use of the aforesaid prop rty for its g neral purposes following th reconstruction I • • • • • • thereof to be used concurrently as a storm water detention area; and WHEREAS, the City is a public body pursuant to C.R.S. 1973, 32-11-101 et seq., and is a subdivision of the State pursuant to C.R.S. 1973, 22-32-101; and WHEREAS, it is necessary for the City to acquire an easement in certain property of the District in connection with the construction of the storm water detention pond as part of the drainage project; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, hereinafter appearing, the parties hereto agree as follows: 1. GRANT OF EASEMENT. The District hereby grants and conveys to the City a non- exclusive easement for the purpose of construction, use, and maintenance of a storm water detention pond upon the District property described as follows: Beginning at a point on the West line of Lot JO, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NW corner of said Lot 30 bears North a <liH- tance of 5.57 feet; thence South along the WeRL line of Lots 30 to 25 (inclusive) said Block ~ a dist nee of 174. 73 fe t to the North line or that pare l d scribed in Book 1063, paqo l6 4, Ar p ho County Records; th nee South al<Jnc1 "' lin 180 f t E st of and parallel to th WcRl line of th SE 1/4 of ~E 1/4 said S ction 3 a dist nc of 515 feet; thence East along a linn 515 f t South of and parallel to th North lino of the SE 1/4 of NE 1/4 said S ction 3 a <lhtnncc• of 440 f t; thence deflecting right 67• a diR- t nc of 75 f t; thenc d fl cting l rt 41J• " diatanc of 200 f et to th South lino of thnl p re l described in Book 927, pg 29, /\r pahut County R cords; th nee East along a id South -2- • I • • • • • • line a distance of 140 feet to the SW corner of that parcel described in Book 855, page 542, Arapahoe County Records; thence East 155.1 feet and North 125 feet along the South and East lines, respectively, of said parcel described in Book 855, page 542; thence North a distance o f 127.32 f eet along the East line of that parcel described in Book 1403, page 41, Arapahoe County Records, to the South line of that parcel described in Book 1282, page 579, Arapahoe County Records; thence Southeasterly along said South line a distance of 13.52 feet; thence North along the East line of said parcel described in Book 1282, pag e 579, a distance of 196 feet; thence Northwesterly along the North line of Lots 1, 2, and 3, SANDRA'S SUBDIVISION, a distance of 183.2 feet to the NW corner of Lot 1, SANDRA'S SUBDIVISION; thence Northwesterly along the South line of that parce l described in Book 452, page 592, Arapahoe County Records, a distance of 327.2 feet to a p oint ; thence Northwesterly to a point on the South lin e of Lot 25, Block 6, HIGGINS ENGLEWOOD GARDENS, f rom which the SW corner of said Lot 2 5 be a rs West 70.92 feet; thence Northwesterly a lon g the North line of that parcel described in Boo k 11 24, page 1 04, Arapahoe County Re co rds, a d i sta n ce of 75 .2 f eet t o the NW corner of said Lot 2 5 ; the n ce Northwes terly t o a p oint on t h e Ea st line of Lo t 2 3 of sa id Block 6, from wh ich the SE cor ner of said Lot 2 3 b e a r s South a dis tance of 2 feet; t hen ce Northwesterly along the No r th lin e of that parcel descri b ed i n Bo o k 1 094, p age 6 00 , Arapahoe County Records a di stance of 132 .85 feet to a point on the West lin e of Lot 22 of said Block 6 from which the NW corn er of said Lot 22 bears North a distance of 3 fee t ; the n ce Northwesterly to a point on the East line of Lot 28 , Block 5, HIGGINS ENGLEWOOD GARDENS, from wh ich the NE corner of said Lot 28 bars North a distance of 5.72 feet; thence Northw sterly along the South line of that parcel described in Book 1124, page 103, Arap ho County Records a distance of 145.09 feet to the Point of Beginning, Arapahoe County, Colorado. Storm water d t ntion ar a, a us d in this Agr m nt, shall -3- I • • • • - constructed proportioned reduction in the existing elevation of the aforesaid property by approximately six (6) to eighteen (18) fe et, in order to form the bottom and sides of the detention area, along with other necessary excavation and constructio n generally in accordance with the attached sketch, designated Exhibit A, prepared by Sellards & Griggs Consulting Engineers. It is under- stood and agreed that final plans for this water detention area must be approved by the Board of Education of the District. Said water detention area shall be designed in accordance with Sellards & Griggs Report No. 75019-44, dated February 1978 (Exhibit B). 2. DURATION OF EASEMENT AND REVERSION OF INTEREST. The duration of the aforesaid easement shall be perpetual, subject to written modifications upon the mutual consent of both the District and the City, or their successors, or the termination by the City of the aforesaid easement i n said property. The duration of the occupancy of the water detention area by flood waters is understood to be temporary and intermittent, dependent on weather conditions . The City agrees to promptly clean up any debris and deposits remainin g after storm water has b en r turn d to Little Ory Creek from the storm water detention r a nd p y h costs ther of. 3 . CO NSIDERATION. Th Ci y sh 11 pay s con ider tion to th District the sum o On Doll r ($1) p r y con! sa d ion a a nd cknowled d, for h in his r , h r ceip nd oth r good -4- of w ich is hereby nd valu ble consid ra-I • • • • • 4. HOLD llARMLESS. The City agrees fully to save harmless and defend the District and the District's Board of Directors personally from all suits, actions, demands, or claims in law or in equity, arising out of the execution of this Agreement, or the use, con- struction, and maintenance of the real property herein described. The City shall be responsible for any liability resulting from any litigation and shall pay the costs of suit, attorneys' fees, appellate costs, and any other costs or expenses which may be assessed against the District and the District's Board of Directors personally as a result of any suit, demand, or claim filed concerning this Agreement. 5. ODLIGATIONS OF CITY. a. Purpose. The premises shall be used solely for the facility and purpose described in paragraph l above or for such other purposes as the District may approve. The City will not carry on or permit upon the premises any offensive, noisy, or dangerous activity or any nuisance to the public or to the adjoining neighbors. The City will pay, upon demand, any damages to the pr mises caused by th misuse of same by it or its agents or its mploy es. The City shall not exercise any control over tho routin us of the facilities by the District. Th City shall not use the facility to detain water except when in its best judg nt said use ia n c ssitated by virtu of storm or other me :g ncy conditions. b. Construction -s- I • - • • • • The storm water detention a r ea described a b o v e sha ll b e c o nstr ucted b y the City at its sole cost and exp ense accordi ng to a pprov ed plans and specifications. The Ci t y sha ll maintain said detention pond and facil i ties and be responsib l e for c osts neces - sar y for use and maintenance of property as a storm water de t e n tion area. The District shall maintain all portions not r e l ated to storm water detention area purposes as the District d e t e r mines necessary so long as the capacity of the storm water d ete n tion are a is not diminished or infringed upon. It is anticipated that construction shal l take o n e (1 ) year to complete from letting of bids for construction and re tur ning f acilities to a condition usable by the Distric t. City a g rees to take whatever steps are necessary to return faci li t ie s to a cond itio n u sab l e by District as near as practicable as that curr e ntly on the pro perty and i nstall permanent undergro und sprink lin g sy ste m, all a t City cost. The City shall pro v i d e District with Ci t y p a rk facili t ies n ecessar y f or Di str ict 's use t o include those function s found o n Exhi bit C a t the l ocations de signated therein , for the period during the con struction and in t h e f uture at such times as the water detention area is filled with storm water a nd n o t returned to a usable condition for District fu n c tions within five (5) days of its temporary and intermittent use by storm waters . Th City 's o b ligation to provide the District wi th City park facilities durin g temporary a n d i n termittent use of t h e area by storm waters shall continu until t h e City has remov d -6- I • • • • • any debr i s and deposits remaining after storm water has been re turned to Little Dry Creek from the area. The City agrees to pay all transportation costs using District's transportation faci l i- tie s based on actual cost of transporting students and faculty to a nd from school located adjacent to site of storm water detention a rea to the appropriate City facilities desig nated in Exhibit~, sa i d actual cost based on District's norma l unit operating expenses f or transportation facilities, on a per pupil, per mile basis, plus additional equipment and hiring of additional drivers neces- sary to carry out said purposes, the intent being for the District t o recover not less than the exact costs of such transportation. District shall approve the construction schedule and City shall require sufficient security from the contractor to i nsure prompt execution of the work. Both parties understand that con s t ruct ion may take longer than one year but Ci ty sha l l insure that c o ntrac t or , i n n o event, shall take mo r e than one and one - half years to comp lete c onstruction of the d e t e ntion p o nd f ac ilit ies . c. Li tt le Dry Creek Improvements . The City agrees to construct improvement s g enerally in conformance to Sellards & Grigg Report No . 75019-44 dated February, 1978, excluding the options to construct upstream dams. (Exhibit B). The City recognizes the need and desirability of providing op n space and a pedestrian a n d bicycle link b t ween h Dis rict's prop rty and the South Platte River . The City in ends o develop appropriat rout s in th vicinity of Historic Littl Dry Creek or uch link . Further , City recognizes th n d o improv t h g n ral pp r nc of downtown Engl wood and in nds o d v lop athetic at nd rds th p ople ori nt d -7- • I • - - • • • • with landscaping and open spaces applicable to both public and private development in the City and consider ordinance changes to accomplish this goal. d . Alterations. With the exception of the interim facilities and initial completed construction of the storm water detention area, the City will not make or permit any alterations or additions to the premises or place any additional structures, facilities or equipment on the premises without the District's prior written approval. The City shall submit plans for minor remodeling to the Board of Education for approval. No major remodeling will be permitted that would preclude the District's use of the real property for its general purposes prior to this Agreement. Upon termination by City of the above-described easement in said property, City shall restore or replace any portion of the premises damaged or otherwise affected by such alterations, additions, structures, facilities , or equi~ment, unless such restoration repair was waived by the District at the time approval was given for such addition or alteration. The District shall approve construction schedules and th City shall require sufficient security from contractor to insure prompt execution of work. Facility Expenses. The City shall pay (1) 11 lie ns , us , or other ees; (2) 11 wat r, elec ricity, w r, or o hr utili y or s rvic ch rges; and (3) 11 oth r op ra ing nd construction exp na s in conn ction wi h h conatruction, uee nd maint n nc o par ion of th or a id prop r y us d aa a storm w r d t n ion ar • I • • • • • f. Compliance with Law. The City will comply with all applicable federal, s tate, county, municipal and other laws, ordinances, rules and r e g ulations relating to all or any part of the followin g : (i ) the premises; (ii) the operation of the facility conducted thereo n; (iii) the maintenance of the premises; and the City shall refrain from using the premises in any way in violation of such law, ordinance, rule or regulation. g. Liens. The City will keep the premises free o f a l l liens and/ or claims to be placed on the premises, for whatever reason, to be removed within 30 days after the City has knowledge of such lien; and the City agrees to release, indemnify and hold the District harmless from and against such liens and/or claims. h. Surrender of Premises. The City will, upon termination of its easement in said prop erty, surrend e r the premises to the District, i n a good order and con di t ion, a n d wh en a pp licable, i n comp l iance with the provisions of paragraph S(d). 6. CO MPATIBLE USE BY DI STRICT . The District may make improvem nts and undertak construc- tion on th above-d scrib d property so long as such improvem nts nd construction do n o t reduce t h e c apaci y of the sit for storm water d t ntion or reduce i t s h y d rological efficiency or said purpos . Th District s h all requ es t of the City i s pproval and h City shall not withh old pprov l p rovid d the propos d cons t r u c- tion nd im rovem n a tisfy th storm wa r det n ion r quil m n s h in. Th Distric ' us of h prop r y for i s pur- -9- • I • • - • • • • poses as athletic field and for subsequent compatible uses approved by the City shall be deemed dominant and accommodated by the City if possible. 7. INSURANCE. The District shall continue its insurance cover a g e on the real property described herein during its use of the property f or its general purposes. The City shall , in addition, include the above-described real property in its insurance coverage for loss resulting from the use of said property as a storm water detention area for liability in excess of the coverage maintained by the District, at the City's expense. Said excess coverage shall be obtained and kept in force during the term of this Easement Agreement and shal l i n cl ude , inter alia, a comprehensive public liability insurance c o vera g e, i nsuring the District and the C ity a g ainst any liabil ity ari sing o ut of the use, occupancy and maintenan c e, and all areas appur t enant there t o b y the City in excess of coverage p r o vided by the District . The City s h all deliver to t h e Di s trict, prior t o rig ht of entry , copi s of policies of insurance required h erein, or certif icates evidencing the existence of such insuran ce with a lo ss payable claus s tisfactory to the District . No policy sha ll b cancellable or subject to r duction of coverage. 8. BINDING ON SUCCESSORS AN D AS S IGNS . The terms and condition s of t h is Agreement s h all b binding o n th successor and ssigns of both p rties hereof. -1 0- • I • • - • • • . ' • 9. REMEDIES UPON BREACH. In the event of breach of the terms and conditons hereo f by either party the other party shall be entitled to specific performance of this Agreement or, in the alternative, the non- breaching party shall be entitled to damages suffered as a result of the breach. The District may not revoke or cancel this Agreement in the event of the City's breach but must resort to the remedies herein provided. IN WITNESS WHEREOF, the District has caused these presents to be executed by the President of its Board of Education and attested by the Secretary thereof, and the City has caused these presents to be executed by the Mayor and attested by the Direc tor of Finance ex officio City Clerk-Treasurer. ATTEST: Secretary ATTEST: SCHOOL DISTRICT NO. 1, Arapahoe County, Colorado President of its Board of Education CITY OF ENGLEWOOD, COLORADO Color do Municipal Corporation Gary R. Higb e, Dir ctor of Flnanc ex officio Ci y Clerk-Treasur r -11- • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E AGENDA ITEM SUBJE'CT March 2, 1982 ia.. Neighborhood Watch Signs I NITIATED BY Chief Robert R. Holmes, Police Department AC TION PROPOSED Approval of the installation of signs for the Neighborhood Watch Program. • INTRO DUCTION "Neighborhood Watch" is part of a comprehensive crime prevention program dir ected toward reducing residential burglaries. Neig hborhood Watch works through mutual aid ..... neighbors watching the pro perty of other neighbors. To be totally effective, Neighborhood Watch incorporates improved home security and marking of property thro ugh Operation Identification. DACKGRO UN D INFORMATION Statistics show crime, especially burglaries, on the increase. ~any law enforcement agencies have recognized that traditional police activitie s such as uniformed patrol and investigative follow up are not eno ugh to stem rising crime rates. ~:eig hborhood Wa tch programs are effective -where ever they have begun, crime has b e e n reduced. R ymond J. Cramer, J r., Crim Prevention Offic r for the Clifton, N w Jer ey, Polic D partm nt, asked 27-y r-old prof aaional burgl r w iting tri l wh t w s the b st d t rr nt to crim • W s it doubl loc k.s ? Lights t n ig ht? Dog a? Hia nawer, "Those damn d N ighborhood W tch signs ." ) I • • - I I • • • • . -· -----------· --·--------···--------·------------------------- F I NANCIAL INFORMATION Two foot b y two foot reflectorized Neighborhood Watch signs can be purchased for approximately $25.00 to $30.00. Mounting poles and a ssociated hardware and installation by city traffic engineering personnel would bring the total cost to install one sign to $100.00. I nitially , at least each Neighborhood Watch block that provides 70% pa rticipation would have a sign installed at each end of the block. Six Neighborhood Watch blocks have been established since January lst, and it is pro j ected that the balance of 1982 will result in the establi shment of an additional 35 to 45 blocks. Fifty blocks is, in all probability, the maximum for 1982. This, then, would require $10,000 for purchase and installation, plus $1,000 for continuing maintenance. LEGAL OPINION The city attorney and the city traffic engineer have been consulted about the installation of Neighborhood Watch signs and foresee no legal or technical problems. CONCLUSIONS AND RECOMMENDATIONS Neighborhood Watch programs are a crime deterrent and Neighborhood Watch signs are an integral part of the program. Therefore, it is reconunended that a special fund be established within the present police department budget for $11,000 to provide for the purchase of materials, installation, and continuing maintenance of thes e signs. SUGG ESTED ACT ION: MOVED BY co l) YES . __ NO _ SENT • I • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT Reconvnendat ion for the Purchase March 10, 1982 ~ t, ~New Patrol Vehicles Robert R. Holmes, Chief of Poli~ . 1 Kel Is Waggoi:ier. Di rector ..2.LJ'ubl jc Works(k~----------- Gary R. Higbee, Director of Finance ~,,r INIT IATED BY ACTI ON PR-OPOSED_~~~~~~~~~~~~~~~~~~~~~~~~~ That Council approve the purchasing of thirteen (13) 1982 Ford INTRO DUCTION : On August It, 1980 the City purchased twelve (12) Ford Fairmonts (compacts) from the State Bid. Since the initial purchase of the Fairmonts several factors have been of · major concern. That being, lack of power, limited interior space for equipment a nd safety of passengers is diminished greatlf. In the Capital Equipment Replacement Fund (CERF) for 1982 a total of $201,493.00 is budgeted. Out of thi s $91,500.00 was for thirteen (13) Police Patrol vehicles. BACKGROUND INFORMAT ION : The City plans to convert the Patrol fleet to natural gas which Is exp cted lo slightly red uce the power of engines oper ting on natural gas. Economy of fuel ha~ been lhe only j ustification for compact size vehicles. However, with the conversion to natural gas , larger vehicles will become more efficient than the gasoline powered compacts. Also with the conversion to natural gas, larger trunk space Is needed to accomodate th ta nk s required to minimize refueling time and improve operational efficiency . F il A CIAL DETA ILS : Vehicle sp clflcat i on s re pr p red by the Servlcenter and dealers w~re I nv i ted to bid mid-si z e or full-size v h l cles for comparison to State Bid prices for the compact Ford Fairmon t . On February 26, 1982 bids were rece i ved and ar as follow s: Make & Price Bid Each Total 01 ff. From Come nl Mod 1 0 I iver:t: quote With Oetion Bltl St.ilc Bl cl Fish r Ch v. 90-120 days For 30 $8,999.00 $116,987.00 $18,451.68 Ch vrolet Ma I ibu Days Mldslze Court sy Ford LTD 120 day s For 60 8,947 .00 116,)11.00 17,775.68 Ford Ful 1 Sz Days • I • - • I I I l I • Council Communication March I 0, 1982 Page 2 Make & Comean:z: Model Rosen-Novak Ford LTD Ford Fu! 1 Sz State Bid Ford (Rosen -Novak Fairmont Ford) Compact Size PROS AND CONS: De Ii ver:z: 60-90 Days 90-120 Days Price ~ For 90 Days Thru 1982 Model • • • Bid Each With Option ~7.828.61 7.579.64 Total .!!.i.L $101,771.93 98,535.32 Diff. From State Bid $3,236.61 All options were bid on a comparison basis as follows: FATO Gauges, rear door handles inoperative, pulse type wi ndshield wipers, transmission auxilary oil cooler, engine oil cooler, power steering oil cooler, universal key system (single key). The difference in the State Bid for thirteen (13) Police compact cars with 255 CID engines, and the low ·bid for the same amount of cars which are full size and have 300 CID engines is $3,236.61. CONCLUSION: It is requested that the City purchase thirteen (13) 1982 For LTO-S. The extra cost of $3,236.61 seems minimal when considering the benifits that would be derived . • I • • • • M E M 0 R A . D U 11 TO: Andy McCown, City Manager FRml: Robert R. Holmes, Chief of Police DATE: March 1 , 1982 SUBJECT: RECOt+IENDATION FOR THE PURCHASE OF NEW PATROL VEHICLES As you are aware, in recent weeks we have discussed the feasibility of purchasing larger vehicles to replace our current fleet of Ford Fairmonts. Our present fleet has reached the time for scheduled replacement. Since the initial purchase of the Fairmonts, we have expressed our dissatisfaction with several features on the small vehicles. Hajor concerns are the lack of power and engine performance and the limited interior space. The interiors become dangerously cluttered when necessary equipment is placed in the vehicle . The safety of passengers and officers is diminished greatly, and comfort is non-existent for passengers. Several other considerations have been weighed. The city plans to convert our patrol fleet to natural gas which is expected to slightly reduce the power of engi ne s operating on natural gas. Ford Fairmont engines, already underpowered, would be more adversely affected than would the larger engines provided in full -size vehicles. Economy of fuel has been the only justification for use of the Fairmont size vehicle. However, with the co nversion to natural gas, larger vehicles will become more efficient than the gasoline powered fail'llOnt. Also with the c onversion to natural gas, larger trunk space is needed to accomodate the tanks r e quired to minimiz refueling t ime and improve operational efficiency. Vehic l e pecifications were prepared by the Servicenter and dealers were invited to bi d m1d -siz or full -size vehicles for comparison to state bid prices for the sm J l e r Ford Fairmont . On February 26, 1982, bids were r ceiv d. The lowest bld was ubm i tte d by Rosen -ovak Ford, pricing th L.T.D . 4-door sed n at $7 , 2 .6 1 pr unit . b1d pri c of th 1982 Ford Fiarmont was quot d as $7 ,5 79 .64 . Th o t of purch sing 13 full -size cars over 13 Ford Fair11ent s would $250.00 p r unit, or only pproximately $3,250.00 . m, ther for , r qu sting that the city purch s cos t s e m minim 1 wh n considering the b nefits L.T.D. Ford . Th extra nticipated. RECEi VEC 11 y r.wi .• ::t ;: • vii 11:• EiC Lt U • I • - • • • .. - Cf 6 . MEMORANDUM TO: Mayor and Members of City Council FROM: Andy Mccown, City M~nager DATE: February 23, 1982 SUBJECT: PARKS AND RECREATION COMMISSION We would like to bring t o your attention the need for clarification of the appointments of Council appointees to the Parks and Recreation Commission. Ordinance No. 46, adopted June 15, 1981, specifies in Section 10-1-2 -TERMS OF OFFICE, the following: "The City Council shall designate one member of the Commission to serve until February 1, 1982, and one member to serve until February 1, 1984. The Board of Education shall designate one member of the Commission to serve until February 1, 1982 and one member to serve until February 1, 1984. The four members thus designated shall designate two additional members to serve until February 1, 1982 and one additional member to serve until February 1, 1984. Members of said Commission thereafter designated shal l be designated for terms of four years. Current members of the Commission shall not have their terms affected hereby." Under the above guidelines, it will be necessary for Co uncil to d sign te which of its appointees -Bev Bradshaw or Jim Higday -would have a term expiring February 1, 1984 and which would have a term expiring Febru ry 1, 1986. For your in or tion, th School Bo rd h design ted term of office for their ppointeos s follows: Robert Bo rdm n -Febru ry 1, 1984 Barb ra Richards -Fobru ry 1, 1986. Your direction i reque ted. Si ncerely, ' // /1. #//' ,,, ., A DY 'M COWN C y M n r pc • I • 0 G 0 OfWINAI CE s1mn:s Of' NO •. Lj..(f.' 1981 • • - J3Y A U'l'l!OlH'l'Y A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNC IL MEMBER flradsh(o :&) /\ii •)!W.l '1\NCE AMEL>Jl)L G 'l'l'l'LE X, CllAP'J'ER 1, 01." 'i'llE ENG 1.EWOO D t11U N J:C'ff'AL CODE OF 19 69, AS AflENDt:D, RELA'l'ING '1'0 'l'HE J::S'l'ABLISHMEN'l' Oi•' A PAHK S Ai-ID RECRBA'rION COl"1MISSION AND DU'l'IES THEREOF. WHEH EAS, the Pa.rks anu Rec:ceation Commisl:>ion of tne City of t:nylewood made reconuuendations to the City Council of the City of Englewood concerning the duties and responsibilities of the Commis sion; and WHEREAS , the City Council and the Parks and Recreation Commiss ion have reviewed the same in joint meeting. NOW , 'l'HEREFORE, BE IT O.KDAINED BY THE CITY COUNCIL OF TUE CI'l'Y OF ENGLEWOOD, COLORADO: Section 1. That Title x, Chapter l, of the E.M.C. of 1969, aH amended, is hereby amended to read as follows: of tin: Cu1111111 .. 1un I bcr to i.crvc 1111111 l;cbruotry I • I . 0 0 0 • • - 10 -1-1: COMMISSION ESTABLISHED 'l'h re is her~by ei:>tab.tisho=d a joint commi sion of the City of Englewood and School District No. 1, Arapahoe County, Co.Lorudo , to be known s the P r«a and Recreation Co111111is ion. To said Commission sh 11 conaiiat of aevon persona, two of whom ah 11 b ppoint d by th~ Board of l:;due&tion of School District No. 1, two of wh0l4 ah 11 be ppointed by the City Co uncil, and thr e ot whom dh~ll be s lected by the four ..ip1:-1ulnl:ces d i>iyn..it d by t.he Be. ~d of Education nd tno City Council . -2- • I • • 0 r;-.. \..:.:.) 0 • • • 10 -1-·2: 'l'ERMS OF OFFICE 'l'he City Council shall designate one member of the Com- mis :;i0n to serve until l"ebruary 1, 1982, and one member to serve until February 1. 1984. The Board of Education snall designate one member of the Conunission to serve until F'ebr uary l, 1982 and one: member to serve until February 1, J.9U4 . 'l'he f our members thus designated shall cle:;ignate two add jtional memb ers to serve until February l, 1982 and one aliditional membeL· to serve until February 1, 1984. Members of said Connissio n thereafter designated shall be designated fo ,,: tt:rms of fouc :i:-e ars. Current members of the Conunission shall not nave their terru~ affected hereby. 10 -1-3: CHAIRMEN The Parks and Recreation Commission shall select in March its Chairman for two-year terms. 'l'he Chairman shall be entitl ed to enter into all discussions of the Canunission and to vote on all questions before the Commission. The Chairman shall be the presiding officer and shall nave such other and further duties as may be designated by the rules and regula- tions of the Commission. 10 -1-4: QUORUM Four members of the Commission shall constitute a quorum fo r the transaction of business. In the absence of four mem- bers, such members as are present may adjourn from time to time until a quorum is present. lU-l-5 : POWERS AND DU'l'Il::S 'i'he £>arks and Recreation Commission shall helve the follow- ing powers and duties: (<.1) llo a<Jvisory to the City Counc.Ll in ..i.ll llldttors port:-..i.n- 1119 to Parks and Recreation. (U) Prepare annua~ly a Parks and Recreation master plan ~vr the developm nt and mai :1tenance of a modern and adequclt<.: (c) d) Parkb aucJ ltocrccltion ::;ybt1;:m. Act as sounding board of th Co unity nd g thur .ind t.h i ct and d t.a n c s ry to llldk sound ruco111- mcnd tionb to City Council in providin9 Pdrks nd n vi w nu t.L~d Ci.ty M it tn rvicuw. •rn Commiiosion, with thu .ll)prov..il form committ mad up of Commission s citizens n d d to r s arch pro- 11 for uxtunaiv tilllO and di1i1cu1uiiora. tt ~ w ill be advi ory only to th P.lrk1i1 tion COlllllliaudon. -:s- • tion bu 9 t '1~ sub- p<irUllUn t. t.CJ to Ci t.y Coun il I • • - 0 (;;,I • • - Ado p t r uled and regulations for th~ conduct o f the Conuuission meetings and duties of its officers and co11mll. ttees. i.f) Meet rno n t11ly . .l11 t.1:oduce a, 1:e ud in full, and pass~d on first read..i.;1~ (m U.t: J:o ..:. day o f .J u n.::, 1 Y81. .i>unl .t sh ~a us a Bill for an O:.:ainance on the 3rd day of June, 1981. ALt~st : ~4/"~'"" L /fZTt;;: Eugene-L-:-Otis~~~r~~~- Q I, Gary R. Higbee, ex officio City Clerk-'.l.'reasurer of the ~i ty o f Englewood, Colorado, hereby certify that the above and foreg o ing is a true , accurate and complete copy of a Bill for an Ord na n c e, i n troo uce <l, rcaa i n f11l..1., and pc.1ssud on first r <itJJrHJ 011 the 1 st d ay of Junu, 1981. 0 -4 - • ) I • •