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HomeMy WebLinkAboutCouncil Packet 04/26/2010CITY COUNCIL AGENDA: April 26 , 2010 Page -2- APPROVAL OF AGENDA 1. CONSENT AGENDA A. Motion to appoint Scott Ohm to the Building Code Advisory Board , representing District II; term to expire 03/02/2011 . B. Motion to approve payment to Code Consultants International in the amount of $17,580 for March 2010 Contract Building Inspections. C. Motion to appoint the Mayor as the primary representative and the Community Development Director, or Designee, as the alternate representative on the Jefferson County Community Development Advisory Board. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 19-2010 -approving a Special Use Permit to allow a Body Art Establishment in a Restricted-Commercial (R-C) Zone District on property located at 4330 Harlan Street. Resolution 20-2010 -approving a Variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the Commercial Use in a Restricted-Commercial (R-C) Zone District. (SUP-10-04 and WA-10-03/Fuks and Harris) ORDINANCES ON FIRST READING i 3 . Council Bill 07-2010 -An Ordinance approving the sale of designated Park Land near the intersection of West 38 th Avenue and Kipling Street , and , in connection therewith , approving an agreement. DECISIONS, RESOLUTIONS, AND MOTIONS 4 . Motion to award SOO-10-09 Design/Build Parks Signs to Gordon Sign in the amount of $25,000. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY COUNCIL MINUTES: April 12 , 2010 Page -2- • National Crime Victims' Rights Week -April 18-24,2010 Chief Brennan accepted the proclamation and spoke appreciatively of the Victim 's Outreach Information network and the services they provide to victims in the City of Wheat Ridge . CITIZENS' RIGHT TO SPEAK Kyle Walpole of Evergreen Colorado objected to Chief Brennan and other Wheat Ridge Police Department staff continuing to claim no wrongdoing was committed when his belongings were seized during a raid under search warrant on his home in 2005 . Further, Mr. Walpole contended that Police staff should have known he had a hearing disability and made accommodations during this raid according to ADA compliance laws . Louise Turner spoke of the need in the community to help those citizens struggling to pay rent and mortgages . There is a 2-year waiting list for assistance within the County program, while citizens are losing jobs and homes and are being evicted when they can 't pay rent. The Wheat Ridge Housing Authority was formed in 1990's with the intent to help citizens who really have housing needs . Currently, those people needing help aren't the ones who benefit from the First-time homebuyer housing rehabilitations in which the Housing Authority is engaged . No help is being provided to those displaced from Wheat Ridge homes . Mrs . Turner asked if the City and Council would consider such a program change for the Housing Authority . She pointed out that there are four separate organizations in the City that are engaged in development of real estate : The City Council and Administration , the Housing Authority, Wheat Ridge 2020 and Urban Renewal. She asked , can we expand the role of the Housing Authority and channel some efforts and monies to help those people in the City who are perhaps one step from losing their homes . , Judson Lloyd of Wheat Ridge spoke on behalf of Jefferson Avenue United Methodist Church at 44th & Kipling citing objections to the awarding of a liquor license by the Liquor Authority to a new Liquor Store being located next to the Church . City Attorney, Jerry Dahl, informed Mr. Lloyd that the City Council has no authority over granting of liquor licenses and any objections would have to be via the District Courts . Cindy Beckfield also spoke against the granting of a liquor license for a store next to the church . She believes it is inappropriate to do so , and believes since there are five liquor stores in the area already, it is unnecessary . Karen Thaler made a plea to all dog owners who use Crown Hill Park and who leave dog refuse in bags on the side of trails to please carry these bags to the nearest trash receptacle and keep the park nice for everyone else. CITY COUNCIL MINUTES : April 12 , 2010 Page -3- 1. CONSENT AGENDA A. Appointment of Jennifer Walter to the Board of Adjustment as an Alternate . B. Appointment of Paul Griffith to the Board of Adjustment , representing District 1; term ending March 2 ,20 12 . C . Motion to approve Award of ITB-10-13 to A-1 Chip Seal , Inc ., in the amount of $137 ,579 .56 for 2010 Slurry Seal Project. D . Resolution 17-2010 -amending the fiscal year 2010 budget to reflect acceptance of CDBG-R funds in the amount of $97 ,740 and in connection therewith , approval of a supplemental budget appropriation in the amount of $97 ,740 for an energy audit and improvements to the Wheat Ridge Senior/Community Center. E. Resolution 16-2010 -amending the fiscal year 2010 budget to reflect acceptance of a grant in the amount of $12,250 and in connection therewith , a supplemental budget appropriation for the amount of $12 ,250 for consulting services to facilitate community input meeting for 38 th Avenue . F. Motion for the approval of the annual licensing renewal of the Cartegraph System in the amount of $28 ,012 . G. Motion approving payment to Murray Dahl Kuechenmeister & Renaud LLP for March 2010 legal services in the amount of $16,618 .67 . Consent Agenda was introduced and read by Mr. DeMott . I Motion by Mr. DeMott for approval of the Consent Agenda; seconded by Mrs . Sang ; carried 8 -0 . ORDINANCES ON FIRST READING 2. Council Bill 04-2010 -An Ordinance repealing and reenacting certain sections of Chapter 5 of the Code of Laws of the City of Wheat Ridge concerning the Building Code, the Mechanical Code , the Plumbing Code, the Property Maintenance Code , the Energy Conservation Code , the Residential Code , the Fire Code, the Fuel Gas Code and penalties for violation of the same . Council Bill 04-2010 was introduced on first reading by Mr. Stites . Motion by Mr. Stites to approve Council Bill 04-2010 on first reading , order it published , public hearing set for Monday, May 10 , 2010 at 7 :00 p.m. in the City Council Chambers, and that it take effect August 1, 2010 . CITY COUNCIL MINUTES : April 12, 2010 Page -4 - I further move to direct staff to make necessary amendments to the Ordinance to remove all references to planning permits and revert to the standard exemptions from building permits . I further move to direct staff to make necessary amendments to the Ordinance to provide an exemption for all residential exterior cladding repair and replacement that does not include the relocation of electrical or gas utilities . Motion was seconded by Mrs. Sang . Mr. Reinhart asked to split the motion . Vote on amendments regarding planning permits tied 4-4 with Council Members Berry, Adams , Langworthy and Jay voting No . Council Members Reinhart, Sang , Stites and DeMott voting yes. Mayor DiTullio broke the tie by voting yes . Motion carried 5-4 . Vote on amendments regarding residential exterior cladding repair and replacement carried 7- 1 with Council Member Reinhart voting no . Main Motion as amended carried 7-1 with Council Member Jay voting no . 3 . Council Bill 05-2010 -An Ordinance amending certain sections of Chapters 5 and 21 of the Code of Laws of the City of Wheat Ridge concerning the licensing of contractors . Council Bill 05-2010 was introduced on first reading by Mr. Reinhart . Motion by Mr. Reinhart to approve Council Bill 05-2010 on first reading , order it published , public hearing set for Monday, May 10, 2010 at 7:00 p .m . in the City Council Chambers , and that it take effect 15 days after final publication ; seconded by Mrs . Sang ; carried 8-0 . DECISIONS, RESOLUTIONS, AND MOTIONS 4 . Resolution 18-2010 -approving purchase of two replacement police sedans with all required equipment and markings, amending the 2010 Public Works Operations Budget, and in connection therewith , approving a supplemental budget appropriation in the amount of $73,861 . Resolution 18-2010 was introduced by Mr. Reinhart. Motion by Mr. Reinhart to approve Resolution 18-2010; seconded by Mrs . Langworthy ; ca rried 8-0 . CITY COUNCI L M INUT ES: Apr il 12 , 20 10 Page -5- CITY MANAGER'S MATTERS Mr. Young congra t ulated Sally Payne and Ken Johnstone for th e ir hard w ork on th e Comprehensive Plan . He informed citizens that there would be a testing of the ear ly wa rni ng syste m on Wednesday , April 14 , 2010 at 10 :00 a .m. ELECTED OFFICIALS ' MATTERS City Clerk Michael Snow acknowledged the passing of former Mayor of Wheat Ridge Ray Winger a his contribution to the City as mayor and citizen . Mr. Stites encouraged people to relocate to Wheat Ridge for either their business or residence . Please do a positive thing for your family , your community and yo u r ne ighborhood . Weed time is coming . Find it and buy it in Wheat Ridge . Mrs . Langworthy praised the students that part icipated in t he essay contest. Ms. Berry announced that the Planning Department is not only getting an award f rom Jeffe rson County Health , but also that the Envision Wheat Ridge Comprehensive Plan was selected to receive the Second Place award in the category of Plann ing with Vis ion presented by DRCOG . She congratulated staff on all their hard work on the Comprehensive Plan . To add on to some of the LiveWell projects , the Jefferson Conservation Dist rict and LiveWell will be doing several things in the City th is summer. They are going to have an electronics benefits transfer machine at the Farmers Market so anyone who gets government benefits can use that to purchase fresh produce from the Farmers Market. They will be doing a community needs assessment for community gardens in Wheat Ridge and also an assessment for loca l foods and establish a local foods taskforce . There should be notices going out soon and she hopes people can participate . Mayor DiTullio announced that he will be hosting a town meeting for the Fire District on April 13 at 7pm at the Rec Center. They will discuss the upcom i ng election and requested Mill Levy increase . He expressed condolences to former Mayor Winger's family . ~ at 8 :06 p .m. Michael Snow , City Clerk APPROVED BY CITY COUNCIL ON APRIL 26 ,2010 BY A VOTE OF __ to __ Davis Reinhart , Mayor pro tem Council Action Form April 26, 2010 Page 2 RECOMMENDED MOTION: "T move to appoint Scott Ohm to the Building Code Advisory Board representing District 11 , term to expire 3/02111. REPORT I)REPARED/REVlEWED BY: Janice Smothers, Admin. Assistant to the Mayor and City Council Michael Snow, C ity Clerk ATT ACHMENTS: 1. App licat ion Council Action Fonn April 26, 2010 Page 2 BACKGROUND: Code Consultants International is under contract with the City to provide building inspection services on an "as needed" basis. To meet the building in spection demand related to building permits for repair work from the July 20, 2009 stonn, the City has been using CCI to perform a high volume of inspections over the past several months . Per the contract with the C ity, CC [ is paid a flat fee of $30 for each in spection. RECOMMENDATIONS: It is recommended that CCI be paid for the 586 building inspections performed in March for the City of Wheat Ridge. RECOMMENDED MOTION: "[ move to approve payment to Code Consultants International in the amount of $17 ,580 from Account #01-[22-700-704 for March 2010 contract building inspections ." Or, "I move to deny payment to Code Consu ltant s International in the amount of $17 ,580 from Account #01-122-700-704 for March 2010 contract building inspections for the following reason(s) " REPORT PREPARED BY: Kenneth Johnstone, Community Development Dir ector ATTACHMENTS: I . Copy of invoice for March 20 I 0 Contract Building Inspections CCI Invoice Detail -City of Wheat Ridge March 2010 Address Permit# Date Type Charge 12075 W 291h PI 93430 3/1/2010 MID $3000 3591 Garland St 100468 3/1/2010 ROF $30 .00 3346 Jay St 100480 3/1/2010 CAS $30 .00 4052 Field Dr 93141 3/1/2010 MLS $30 .00 4211 Upham St 93389 3/1/2010 DWS $3000 3423 Simms St 94053 3/1/2010 FWD $30 .00 5885 W 33 rd Ave 100407 3/1/2010 DWS $30 .00 3525 Nelson St 93169 3/1/2010 ROF $30 .00 3525 Nelson SI 93634 3/1/20 10 GSS $3000 28 Morningside Dr 100476 3/1/2010 MID $30 .00 4005 Depew St 90907 3/112010 ROF $30 .00 3730 Garland St 90939 311/2010 ROF $30 .00 3725 Holland St 100250 311/201 0 ROF $30.00 8780 W 46th Ave 100443 3/112010 MFI $30.00 8776 W 46th Ave 100442 3/112010 MFI $30.00 8784 W 46th Ave 100444 31 112010 MFI $30.00 3263 Taft Ct 80869 3/1/2010 EFI $30.00 4325 Ca rr St 100409 3/112010 SHE $30.00 12012 W 36th PI 91898 3/112010 ROF $30 .00 3407 Harlan St 100495 3/1/2010 MID $30.00 5810 W 44th Ave 100496 31212010 DWS $30.00 11675 W 32nd Ave 92226 31212010 ROF $30 .00 10300 1-70 Frontage Rd S 100195 3/212010 MFI $30.00 10300 1-70 Frontage Rd S :100195 3/212010 EFI $30.00 10600 W 35th Ave 91862 3/212010 ROF $30.00 11769 W 32nd PI 93464 31212010 ROF $30.00 4333 Dover St 81280 312120 10 DWS $30.00 3486 Youngfie ld St 100228 312/2010 EFI $30 .00 4765 Otis St 100473 312/2010 MID $30.00 6300 W 45th PI 100505 312/2010 ROF $30.00 4 765 Otis St 100 473 3/2/2010 SHE $30.00 2857 Chase St 100261 3/2120 10 GSS $30 .00 3930 Lamar St 100430 3/212010 ROF $30 .00 3830 Rout! St 100367 312/2010 ROF $30.00 7775 W 47th Ave 9144 1 312 /2010 MFI $30.00 10905 W 39th PI 93629 3/2/20 10 ROF $30 .00 454 5 Wadsworth Blvd . 100445 312/2010 ROF $30 .00 3640 Otis St 100478 312/2010 ROF $30.00 3822 Parfet St 92093 312/2010 ROF $30.00 3244 Jellison St 94252 3/2/2010 ROF $30.00 4640 Robb St 92447 3/212 010 ROF $30 .00 4345 Teller St 93974 312/2 010 ROF $30.00 4460 Teller St 100368 312/20 10 SHE $3000 7960 Melrose Dr 100246 3/2120 10 ROF $30.00 12060 W 32nd Dr 93014 3/212010 ROF $30 .00 3555 Quay St 100172 3/212010 ROF $30 .00 8600 W 38th Ave 93919 3/2120 10 ERI $3000 10455 W 33rd PI 92576 3/2/2010 ROF $30 .00 12590 W 32nd Ave 91301 31212010 ROF $30.00 4048 Simms St 94161 3/2/2010 ROF $30 .00 3940 Simms St 91149 3/2/2010 ROF $30 .00 4243 Harlan St 93392 3/2/2010 ROF $30.00 4052 Field Dr 93141 31212010 INS $30 .00 4052 Simms St 92021 3/2/2010 ROF $30.00 3703 Ames St 94116 3/2/2010 EMR $30.00 3800 Simms St 93703 3/2/2010 ROF $3000 3712 Simms St 92726 312/2010 ROF $30.00 5333 Newcombe St 92699 3/2/2010 ROF $30 .00 3812 Simms St 92921 3/212010 ROF $30 .00 4040 Zephyr Dr 100418 3/2/2010 ROF $30 .00 10290 W 34th Ave 92878 3/2/2010 ROF $30 .00 10270 W 34th Ave 92734 3/2/2010 ROF $30 .00 10310 W 34th Ave 92200 3/2/2010 ROF $30 .00 10240 W 34th PI 92574 3/212010 ROF $30 .00 3990 Ammons St 100194 3/2/2010 SHE $3000 3641 Miller St 94039 3/2/2010 ROF $30 .00 10631 W 35th PI 93470 3/2/2010 ROF $30 .00 5075 Simms PI 92546 3/2/2010 ROF $30 .00 11721 W 52nd Ave 91585 3/2/2010 ROF $30 .00 4020 Everett St 80738 31212010 DWS $30 .00 7301 W 32nd Ave 100459 312/2010 ROF $30 .00 8770 W 38th Ave 100211 3/212010 ROF $30 .00 4655 Quay St 94069 31212010 ROF $30 .00 4385 Lamar St 94070 312/2010 ROF $30 .00 5875 W 39th Ave 100191 3/2/2010 ROF $30.00 4830 Ward Rd 100148 3/2/2010 FRI $30 .00 4830 Ward Rd 100148 312/2010 ERI $3000 4390 Ammons St '100523 312/2010 SHE $30 .00 4380 Ammons St 100522 3/2/2010 SHE $30 .00 3280 Kipling St 100524 3/2/2010 PUG $30 .00 4351 Parfet St 100520 3/2/2010 GSS $30.00 4351 Parfet St 100520 3/2/2010 Fence $30.00 3990 Ammons St 100194 3/2/2010 MID $30 .00 3486 Youngfield St 100228 313/2010 EFI $30 .00 4765 Otis St 100473 313/2010 MID $30.00 4460 Teller St 100368 3/3/2010 MID $30 .00 2651 Gray St 100527 313/2010 MID $3000 3486 Youngfield St 100228 31312010 BFI $30 .00 7950 W 47th Ave 93570 3/3/2010 ERI $30.00 10460 W 46th Ave 94266 3/3/2010 GSS $30.00 4325 Carr St 100409 313/2010 MID $30 .00 8600 W 38th Ave 93919 313/2010 FRI $30 .00 4633 Everett ct 93224 3/3/2010 ROF $30 .00 3400 Wadsworth Blvd 100243 313/2010 PRI $30.00 3407 Harlan St 100495 3/3/2010 ROF $30.00 3455 Teller St 92716 3/3/2010 ROF $30 .00 4086 Lee Cir 100503 3/3/2010 GAS $30 .00 8600 W 38th Ave 93919 313/2010 PUG $30.00 2857 Chase St 100497 313/2010 MID $30.00 9630 W 37th Ave 93040 3/3/2010 ROF $30.00 2 10605 W 38th PI 93042 3/3/2010 ROF $3000 10651 W 41st Ave 92618 3/312010 ROF $30.00 3535 Partet 5t 93821 313/2010 ROF $30.00 4733 Pierce 5t 93970 3/3/2010 ROF $30.00 4380 Ammons 5t 100522 31312010 MID $30.00 5905 W 33rd Ave 100400 31312010 ROF $30.00 12620 W 3 1st Ave 100262 3/3/20 10 MID $3000 4455-57 Miller 5t 93355 3/3/2010 ROF $30.00 4390 Ammons 5t 100523 313/2010 MID $30.00 4693-95 Holland 5t 100519 3/3/2010 MID $30.00 6600 W 38th Ave 100259 3/312010 ROF $30.00 4480 Balsam 5t 100398 3/3/2010 ROF $30.00 3720 Owens 5t 93398 313/20 10 ROF $30.00 4235 Newland St 93498 3/3/2010 ROF $30.00 3542 Wright St 1001 43 3/3/20 10 ROF $30.00 4050 Allison St 100229 3/3/2010 ROF $3000 4050 Allison St 100277 3/3/20 10 COU $30.00 9910 W 44th Ave 93497 3/3/2010 ROF $3000 2820 Quay St 92208 3/3/20 10 ROF $30.00 10701 W 34th PI 93222 3/3120 10 ROF $30.00 28 Morningside Dr 100476 3/3/2010 MID $30.00 4611 Independence 5t 100508 313/20 10 MID $30.00 3920 Oak St 91611 313/20 10 ROF $30.00 3830 Routt St 100367 3/3/20 10 ROF $3000 12951 W 43rd Dr 94366 3/312010 DWS $30.00 36 Mornings ide Dr 94441 313/2010 ROF $3000 5000 Oak 5t 94306 313/2010 DWS $3000 7421 W 46th Ave 90863 313/2010 ROF $30.00 12225 W 35th Ave 100026 3/3/2010 ROF $30.00 4390 Ammons St ,100523 313/2010 SHE $30.00 4380 Ammons St '100522 313/2010 5HE $30 .00 3280 Kipling 100524 313/2010 Sewer Line Repair $30.00 3945 Eaton St 92897 3/412010 ROF $30.00 3515-3525 Lewis 5t 93026 3/4/2010 ROF $30 .00 4088 Oak 5t 92688 3/4/2010 ROF $30 .00 12012 W 36th PI 91898 3/4/2010 ROF $3000 4635 Kipling St 94198 3/4/2010 MID $30.00 4580 Ba lsam St 100271 3/4/2010 ROF $30 .00 3935 Pierson St 100350 3/4/2010 MID $30 .00 12395 W 35th Ave 100174 3/412010 ROF $30 .00 4035 Nelson St 100356 3/412010 MID $30.00 6950 W 32nd PI 100515 3/4/2010 GAS $30 .00 3915 Lamar 5t 100490 3/4/2010 MFI $30.00 4520 Ba lsam St 100344 3/4/2010 MID $30.00 2651 Gray St 100527 3/412010 MID $30.00 3692 Wright St 93244 3/4/2010 ROF $30 .00 4775 Otis 5t 100269 3/4/2010 ROF $30 .00 4590 Upham 5t 93793 3/4/2010 MID $30 .00 3365 Wright 5t 93739 3/4/2010 MID $30 .00 5910 W 35th Ave 100529 3/4/2010 SHE $3000 3365 Wright St 93739 3/412010 G5S $30 .00 3355 Wright 5t 93174 3/4/2010 ROF $3000 3360 Wright St 93738 3/4/2010 ROF $3000 3 4480 Yarrow St 91315 3/412010 ROF $3000 12095 W 34th PI 93292 3/4/2010 ROF $3000 4500 Everett Dr 100184 3/4/2010 ROF $3000 6710 W 47th Ave 100538 3/4/2010 PUG $30 .00 10740 W 46th Ave 92360 3/4/2010 ROF $3000 4020 Everett St 807738 3/4/2010 INS $30 .00 4057 Field Dr 93211 3/412010 ROF $3000 4093-95 Independence Ct 93796 3/412010 ROF $3000 10600 W 35th Ave 91862 3/4/2010 ROF $3000 6420 W 47th PI 100528 3/412010 MFI $30.00 6240 W 47th PI 100528 3/412010 PFI $30.00 6240 W 47th PI 100528 3/4/2010 BFI $3000 3780 Garland St 92201 3/4/2010 ROF $30.00 4705 Quay St 93104 3/412010 ROF $30 .00 4242 Dover St 91617 3/4/2010 ROF $30.00 8642-50 W 44th PI 93474 3/4/2010 MID $30.00 6615 W 44th PI 91684 3/4/2010 ROF $30 .00 2955-65 Kendall St 100167 3/4/2010 MID $3000 2945-49 Kendall St 100397 3/4/2010 ROF $30 .00 3902 Wadsworth Blvd 100533 3/4/2010 SRB $30.00 7235 W 28th Ave 93976 3/4/2010 ROF $30.00 10023 W 30th Ave 93945 3/4/2010 ROF $30 .00 3010 Depew St 94060 3/4/2010 ROF $30.00 4465 QuaySt 92575 3/4/2010 ROF $30.00 3317 Harlan St 94192 3/4/2010 ROF $30 .00 2800 Depew St 94485 3/4/2010 ROF $3000 10401-05 W 45th Ave 100436 3/412010 ROF $30.00 3486 Youngfield St 100228 3/4/2010 BFI $30.00 12022 W 32nd Ave 100382 3/4/2010 BFI $30.00 4375 Otis St 94320 3/4/2010 PRI $30 .00 I 9650 W 35th Ave '92438 3/4/2010 ROF $30 .00 3515 Moore St 91584 3/4/2010 ROF $30 .00 4620 Reed St 91613 3/4/2010 ROF $30 .00 6300 W 45th PI 100505 3/4/2010 ROF $30 .00 4052 Field Dr 93141 3/4/2010 DWS $30 .00 4015 Holland St 92440 3/412010 ROF $30 .00 8300 W 38th Ave 94516 3/4/2010 PRI $30 .00 11020 W 41st PI 94351 3/4/2010 ROF $30 .00 4380 Ammons St 100522 3/4/2010 MID $30 .00 3790 Vivian Ct 93977 3/4/2010 ROF $30 .00 4390 Ammons St 100523 3/412010 MID $30 .00 11254 W 38th Ave 100140 3/412010 ROF $30 .00 3806 Simms Ct 100011 3/4/2010 ROF $3000 3840 Nelson St 91664 3/4/2010 ROF $30 .00 4060 Simms St 93210 3/4/2010 ROF $30 .00 3130 Wright Ct 93166 3/4/2010 ROF $30 .00 10820 W 41st PI 92969 3/4/2010 ROF $30 .00 2901 Reed St 94337 3/4/2010 PFI $30 .00 10505 W 34th PI 94211 3/4/2010 ROF $3000 3600 Vivian Ct 92356 3/5/2010 ROF $30 .00 9595 W 38th Ave 94169 3/5/2010 ROF $3000 12951 W 43rd Dr 94366 3/5/2010 DWS $30 .00 3691-3701 Allison St 100086 3/5/2010 ROF $30 .00 4 3365 Wright St 93739 3/512010 MID $3000 3400 Youngfield St 1000 31 3/512010 ROF $30.00 12075 W 29th PI 93430 3/5/2010 ROF $30.00 3250 Hillside Dr 94375 3/5/2010 ROF $30 .00 12270 W 35th Ave 100493 3/512010 MID $3000 5700-5710 W 3 7th Ave 100285 3/512010 ROF $30.00 4600-10 Quail St 100374 3/5/2010 ROF $3000 4630 Webster St 94251 3/5/2010 PFI $3000 33 46 Jay St 100033 3/5/2010 PRI $3000 3346 Jay St 100033 3/5/2010 GAS $30 .00 4243 Harlan St 93392 3/5/2010 MLS $3000 12627 W 38th Dr 91424 3/5/2010 ROF $30.00 4045 Yarrow St 92648 3/5/2010 ROF $30 .00 3900 Pierson St 92965 3/5/2010 ROF $30 .00 12125 W 34th PI 93312 3/5/2010 ROF $30 .00 6710 W 47th Ave 100538 3/5/2010 PUG $30 .00 4693 -95 Holland St 100519 3/5/2010 ROF $30 .00 9456-58 W 47th Ave 100518 3/5/2010 MID $30 .00 5250 Quail St 93590 3/5/2010 ROF $30 .00 4830 Ward Rd 100148 3/5/2010 ERI $30 .00 4830 Ward Rd 100148 3/5/2010 FRI $30 .00 4351 Parlet St 100520 3/5/2010 MIS $3000 381 0 Routt St 91119 3/5/2010 ROF $30 .00 45 Hillside Dr 100535 3/5/2010 MID $30 .00 7 Rangeview Cir 92727 3/5/2010 ROF $3000 4361 Dover St 92729 3/5/2010 ROF $3000 2940 Ward Ct 92877 3/5/2010 ROF $3000 6175 W 46th Ave 91937 3/5/2010 ROF $30 .00 3440 Nelson St 100190 3/5/2010 ROF $30 .00 6855 W 33rd Ave ,94359 3/5/2010 SHE $30 .00 3835 Quail ct '92573 3/5/2010 ROF $30 .00 11659 W 38th PI 93944 3/5/2010 ROF $30 .00 4633 Everett Ct 93224 3/5/2010 ROF $3000 11878 W 36th Ave 92479 3/5/2010 ROF $30 .00 10775 W 46th Ave 92635 3/5/2010 ROF $30 .00 3755 Union ct 92172 3/5/2010 ROF $30 .00 4500 Everett Dr 100184 3/5/2010 ROF $30 .00 10280 W 33rd Ave 92970 3/5/2010 ROF $30 .00 5910 W 35th Ave 100529 3/5/2010 MID $30 .00 4695-99 Garrison St 94462 3/5/2010 ROF $30.00 3880 Moore St 92906 3/5/2010 ROF $30.00 8610-20 W 32nd PI 942 19 3/5/20 1 0 ROF $30 .00 10235 W 33rd Ave 92904 3/5/2010 ROF $30.00 3855 Allison Cir 90788 3/5/2010 ROF $30.00 4765 Otis St 100473 3/5/2010 ROF $30 .00 4221 Hoyt Ct 100420 3/5/2010 MID $30 .00 7491-95 W 34th Ave (same day re-inspect) 100541 3/5/2010 SHE $30 .00 7491-95 W 34th Ave 100541 3/5/2010 MID $30 .00 10455 W 33rd PI 92576 3/9/2010 ROF $30 .00 4221 Hoyt Ct 100420 3/9/2010 ROF $30 .00 10689 W 35th PI 91978 3/9/2010 ROF $30 .00 3400 Youngfield St 100031 319/20 10 ROF $30 .00 5 4500 Reed SI 94448 3/9/2010 ROF $30 .00 11591 W 391h PI 100254 3/912010 MID $30 .00 4768 Cody SI 94063 3/9/2010 ROF $30 .00 4611 Independence SI 100508 319/2010 ROF $30 .00 3485 Nelson St 94469 3/9/2010 GSS $30 .00 11684 W 371h Ave 93466 3/9/2010 ROF $30 .00 4400 Ward Rd 100389 3/9/2010 ROF $3000 12270 W 35th Ave 100493 3/9/2010 ROF $30 .00 12788-80 W 31s1 Ave 100013 3/9/2010 ROF $3000 9560 W 38th Ave 94570 3/9/2010 ROF $30 .00 2857 Chase 100497 3/9/2010 ROF $30.00 4675 Jay 92602 3/9/2010 ROF $30.00 6395 W 471h PI 92603 3/9/2010 ROF $30 .00 4435 Teller 93170 3/9/2010 ROF $30 .00 4465 Cody SI 93477 3/9/2010 ROF $30 .00 10480 W 471h 92633 3/9/2010 ROF $30 .00 10942 W 45th Ave 92175 3/9/2010 ROF $30 .00 3802 Union Ct 92355 319/2010 ROF $30 .00 3825 Robb SI 92182 3/9/2010 ROF $30 .00 3254 Quail SI 94503 3/9/2010 ROF $30.00 4500 Reed St 93724 3/9/2010 BFI $30 .00 4651 Pierce SI 100587 3/10/2010 MID $30 .00 7260 W 341h Ave 100542 3/10/2010 SHE $30 .00 4460 Teller SI 100368 3/10/2010 ROF $30 .00 3275 Ingalls SI 100291 3/10/2010 MID $30 .00 4635 Robb St 92437 3/10/2010 ROF $30 .00 4705 Robb SI 94575 3/10/2010 ROF $3000 4725 Nelson SI 100353 3/10/2010 ROF $30 .00 10710 W 46th Ave 94044 3/10/2010 ROF $30 .00 7350 W 46th PI 100461 3/10/2010 ROF $30 .00 4733 Pierce SI r 93970 3/10/2010 ROF $30.00 6460 W 45th Ave 91971 3/10/2010 ROF $30.00 4315 Newland SI 93701 3/10/2010 ROF $30.00 3402 Reed SI 100425 3/10/2010 MID $30 .00 4035 Nelson SI 100356 3/10/2010 ROF $30.00 3891 Moore SI 100355 3/10/2010 MID $3000 10790 W 36th Ave 93611 3/10/2010 ROF $30.00 3261 Vivian Dr 93699 3/10/2010 ROF $30 .00 3350 Wright St 94400 3/10/2010 ROF $30.00 3541 Ward Rd 92834 3/10/2010 ROF $30 .00 3575 Quail St 92436 3/10/2010 ROF $30 .00 45 Hillside Dr 100535 3/10/2010 ROF $30 .00 3740 Independence SI 100376 3/11/2010 FENCE $30 .00 10955 W 38th PI 93844 3/11/2010 MID $30 .00 4641 Kipling SI 94197 3/11/2010 ROF $30 .00 12392 W 441h Ave, Unit B 100281 3/11/2010 MID $30.00 4655 Balsam SI 100609 3/11/2010 SHE $30.00 4655 Balsam SI 100609 3/11/2010 MID $30 .00 3585 Marshall St 100411 3/11/2010 ROF $30.00 3400 Garland St 100282 3/11/2010 ROF $3000 2975 Websler St 93704 3/11/2010 ROF $30 .00 3290 Newland St 100375 3/11/2010 ROF $3000 3400 Wadsworth Blvd 100243 3/1 1/201 0 FRA $3000 6 4291 Garland St 92380 3/11/2010 ROF $3000 3240-42 Holland St 100415 3/11/2010 ROF $30 .00 6450 W 47th Ave 92338 3/11/2010 ROF $3000 3335 Nelson St 92409 3/11/2010 ROF $30 .00 5905 W 33rd Ave 100400 3/11/2010 ROF $30 .00 3485 Nelson St 92854 3/11/2010 ROF $3000 4619 Upham St 93228 3/11/2010 ROF $3000 3250-52 Holland St 100414 3/1112010 ROF $3000 4704 Estes St 93737 3/11/2010 ROF $3000 5300 Nelson St 94158 3/11/2010 ROF $3000 6390 W 47th Ave 94187 3/11/2010 ROF $3000 7350 W 46th PI 100461 3/11/2010 SHE $30 .00 7350 W 46th PI 100461 3/11/2010 MID $3000 11591 W 39th PI 100254 3/11/2010 MID $30 .00 11591 W 39th PI 100254 3/11/2010 SIDING $30.00 3640 Tabor Ct 100096 3/11/2010 ROF $3000 11485 W 38th Ave 91832 3/11/2010 ROF $30 .00 3820 Routt St 91118 3/11/2010 ROF $30 .00 3810 Routt St 91119 3/11/2010 ROF $30 .00 3832 Wright Ct 92491 3/11/2010 ROF $3000 11254 W 38th Ave 100140 3/11/2010 ROF $30 .00 11658 W 39th Cir 92141 3/11/2010 ROF $3000 3833 Wright St 92493 3/11/2010 ROF $30 .00 3919 Simms Ct 91116 3/11/2010 ROF $3000 4605 Quail St 93032 3/11/2010 ROF $30 .00 11340 W 38th Ave 94458 3/11/2010 ROF $30 .00 3910 Simms Ct 100235 3/11/2010 ROF $30 .00 3341 Wright St 93175 3/11/2010 ROF $30 .00 3365 Wright St 93739 3/11/2010 ROF $30 .00 3360 Wright St ,93738 3/11/2010 ROF $30 .00 12185 W 34th PI '93824 3/11/2010 ROF $30 .00 12425 W 38th Ave 92403 3/11/2010 ROF $30 .00 3130 Wright Ct 93166 3/12/2010 ROF $30.00 12172 W 30th PI 93995 3/12/2010 ROF $30 .00 3232 Nelson St 93697 3/1212010 ROF $30 .00 5700-5710 W 37th Ave 100285 3/12/2010 ROF $30 .00 4370 Quay St 100614 3/12/2010 MFI $30 .00 4921 Garrison St, #205 100582 3/12/2010 FWD $30 .00 4311 Dover St 92619 3/12/2010 ROF $30 .00 4205 Ammons St 93372 3/12/2010 ROF $30 .00 3580 Nelson St 93814 3/12/2010 ROF $30.00 4455 Cody St 92500 3/12/2010 ROF $30.00 3905 Moore St 91952 3/12/2010 ROF $3000 4425-4427 Miller St 100354 3/12/2010 ROF $30 .00 3853 Union Ct 92572 3/12/2010 ROF $30 .00 9835 W 35th Ave 92441 3/12/2010 ROF $30 .00 3371 Oak St 92720 3/12/2010 ROF $30 .00 7260 W 34th Ave 100542 3/12/2010 MID $30 .00 4321 Hoyt Ct 100502 3/12/2010 MFI $30 .00 3361 Yarrow St 94315 3/12/2010 ROF $30 .00 4321 Hoyt Ct 100502 3/12/2010 PFI $30 .00 4600 Miller St 100600 3/12/2010 MID $30 .00 5660 W 36th PI 100622 3/12/2010 MID $30 .00 7 5340 Nelson St 92683 3/12/2010 ROF $30.00 8020 W 44th PI 100596 3/12/2010 MID $30.00 10555 W 44th Ave 94504 3/12/2010 EFI $30.00 3805 Simms St 100599 3/12/2010 MID $30.00 7928 W 34th Dr 100639 3/12/2010 MID $30.00 3860 Carr St 94135 3/12/2010 ROF $30 .00 4735 Upham St 100618 3/12/2010 SHE $30 .00 12082 W 36th PI 92515 3/12/20 10 ROF $30.00 3605 Union Ct 92519 3/12/2010 ROF $30 .00 4040 Oak St 92926 3/12/20 10 ROF $30 .00 4770 Otis St 93018 3/12/2010 ROF $30 .00 4415 Ward Rd 93167 3/12/2010 ROF $30 .00 10905 W 41st Ave 100193 3/12/2010 MFI $30 .00 4495 Teller St 100607 3/12/2010 MID $30 .00 3880 Moore St 92906 3/12/2010 ROF $30 .00 6151 W 35th Ave 100539 3/12/2010 MID $30.00 3018 Vivian St 94417 3/12/2010 ROF $30.00 12425 W 38th Ave 92403 3/12/2010 ROF $3000 4050 CodySt 100267 3/12/2010 ROF $30 .00 7675 W 48th Ave 94418 3/12/2010 ROF $30 .00 10400 W 33rd PI 100156 3/12/2010 ROF $30.00 11252 W 38th Ave 94419 3/12/2010 ROF $30.00 7325 W 34th Ave 100189 3/12/2010 ROF $30 .00 3825 Urban St 93612 3/12/2010 ROF $30.00 3131 Union St 100245 3/12/2010 ROF $30 .00 4085 Cody St 100247 3/12/2010 ROF $3000 11659 W 40th Or 100248 3/12/2010 ROF $3000 12271 W 32nd Ave 100244 3/12/2010 ROF $30.00 3845 Brentwood St 100249 3/12/2010 ROF $30 .00 4430 Cody St 100268 3/12/2010 ROF $30 .00 3641 Miller St 194039 3/12/2010 ROF $30.00 100511-70 Frontage Rd N 93384 3/12/2010 ROF $30.00 2835 Otis Ct 100266 3/12/2010 MID $30 .00 4222 Moore St 100633 3/12/2010 MFI $30 .00 3153 Ames St 100655 3/12/2010 SHE $30.00 9080 W 32nd Ave 100657 3/12/2010 MID $30 .00 4700-10 Robb St 93282 3/16/2010 ROF $30.00 4851 Independence St 100062 3/16/2010 DWS $30.00 3902 Wadsworth 100533 3/16/2010 BFI $30 .00 11 Paramount Pkwy 100611 3/16/2010 MFI $30 .00 3801 Oak St 100058 3/16/2010 MLS $30 .00 4655 Balsam St 100609 3/16/2010 ROF $30 .00 3565-75 Kline St 100667 3/16/2010 MID $30 .00 9080 W 32nd Ave 100657 3/16/2010 MID $30 .00 3400 Garland St 100287 3/16/2010 ROF $30 .00 4215 Ammons St 93030 3/16/2010 ROF $30 .00 7425 W 34th Ave 92577 3/16/2010 ROF $30.00 3250 Nelson St 100530 3/16/2010 ROF $30 .00 11595 32nd Ave 100581 3/16/2010 BFI $3000 11595 32nd Ave 100531 3/16/2010 GSS $30.00 4025 Newland St 100589 3/16/201 0 MID $3000 3520 Ward Rd 92148 3/16/201 0 ROF $30 .00 10717 -29 W 38th Ave 93687 3/16/2010 ROF $30 .00 8 10375 W 41 st Ave 93573 3/16/2010 ROF $3000 10371 W 41st Ave 93574 3/16/2010 ROF $3000 10379 W 41st Ave 93577 3/16/2010 ROF $3000 4225 Gray 100670 3/16/2010 MID $3000 3153 Ames St 100655 3/16/2010 MID $3000 4651 Pie rc e St 100587 3/16/2010 ROF $30 .00 4090 Kendall St 100219 3/16/2010 MID $3000 3346 Jay St 100033 3/16/2010 PRI $3000 4735 Upham St 100618 3/16/2010 ROF $3000 3917 Sheridan 100590 3/16/2010 MID $3000 5660 W 36 th PI 100622 3/16/2010 ROF $3000 6500 W 45th PI 93212 3/16/201 0 ROF $3000 7040 37th Ave 100623 3/16/201 0 MID $3000 10051-70 Frontage Rd 100672 3/17/20 1 0 MID $3000 3640 Tabor Ct 100096 3/17/20 1 0 ROF $30 .00 3244 Jellison St 9 4252 3/17/20 1 0 ROF $3000 3480 Partet St 100046 3/17/2010 ROF $30 .00 3298 Quail St 100045 3/17/2010 ROF $3000 4750 Oak 94572 3/17/20 1 0 ROF $3000 31 00 Xe non St 94396 3/17/2010 ROF $30 .00 3472 Ward Rd 92517 3/17/2010 ROF $30 .00 10265 W 33rd Ave 93219 3/17/2010 MID $3000 3002 Ames St 100669 3/17/2010 MID $30 .00 6755 W 45th Ave 93761 3/17/2010 MID $30 .00 5000 Oak St 94306 3/17/2010 MFI $3000 5000 Oak St 94306 3/17/2010 BFI $3000 4000 Marshall St 100460 3/17/2010 MRI $3000 4271 Garland St 100656 3/17/2010 MID $3000 9335 W 44th Ave 100698 3/18/2010 MID $30 .00 6625 W 3 1 st Ave ,100526 3/18/201 0 MID $30 .00 4373 Moore St ,100673 3/18/20 1 0 ROF $30 .00 4560 Vance St 92 136 3/18/20 10 ROF $30 .00 9080 W 32nd Ave 100657 3/18/2010 ROF $30 .00 4900 Robb St 94075 3/18/2010 ROF $30 .00 12350 W 42nd Ave 100613 3/18/20 1 0 MID $3000 3820 Routt St 911 18 3/18/201 0 MID $30 .00 3346 Jay St. 100183 3/18/201 0 MID $30 .00 381 0 Routt St. 91119 3/18/2010 MID $30 .00 4291 Garland St 92 380 3/18/2010 MID $30 .00 3781 Tabor ct 100491 3/18/201 0 ROF $30 .00 3470 Vivian ct 92183 3/18/201 0 RO F $30 .00 8200 W 40th Ave 94395 3/18/201 0 ROF $30 .00 3880 Moore St 92906 3/18/201 0 ROF $30 .00 3864-24 Partet St 100602 3/26/201 0 MID $30 .00 11925 W 1-70 Frontage Rd 100742 3/26/201 0 GAS $30.00 3346 Jay St 100480 3/26/201 0 FRA $30.00 10610 W 47th PI 92846 3/26/2010 RO F $30.00 3475 Ward Rd 92 417 3/26/201 0 ROF $30.00 10245 W 34th Ave 93223 3/26/2010 ROF $30.00 3640 Tabo r ct 100096 3/26/2010 ROF $3000 4685 Webster St 100737 3/26/2010 MID $3000 10 600 W 38th Ave 100730 3/26/2010 MID $3000 3300 Quay St 100578 3/29/2010 ROF $30 .00 9 4070 Ames St 100755 3/29/2010 MID $3000 3867 Quay St 100731 3/29/2010 MID $3000 11020 W 41st PI 100659 3/29/2010 FWD $3000 3343 Estes St 100664 3/29/2010 MID $30 .00 3390 Estes St 100665 3/29/2010 MID $3000 13100 W 43rd Dr 92894 3/29/2010 BFI $30.00 4747 Otis St 100729 3/29/2010 MID $3000 10191 W 38th Ave 100740 3/29/2010 MID $3000 7817 W 33rd Ave 100605 3/29/2010 PFI $3000 16 Morningside Dr 100525 3/29/2010 BFI $3000 6420 W 46th Ave 100293 3/29/2010 ROF $30.00 4685 Webster St 100737 3/29/2010 ROF $30.00 12022 W 32nd Ave 92211 3/29/2010 ROF $30.00 3059 Vivian St 93483 3/29/2010 ROF $30.00 3952 Hoyt Ct 91289 3/29/2010 ROF $30.00 12421 W 35th Ave 91930 3/29/2010 ROF $3000 3232 Nelson St 93697 3/29/2010 ROF $30 .00 12125 W 34th PI 93312 3/29/2010 ROF $3000 10560 W 38th PI 94345 3/29/2010 BFI $30 .00 2820 Benton St 100650 3/29/2010 DWS $30 .00 10895 W 39th PI 93216 3/29/2010 ROF $30 .00 10895 W 39th PI 93503 3/29/2010 GSS $3000 3475 Chase St 100402 3/29/2010 SHE $30 .00 4830 Ward Rd 100148 3/29/2010 MLS $30 .00 3990 Ammons St 100194 3/29/2010 ROF $30 .00 3691 Teller St 92383 3/29/2010 ROF $3000 18 Morningside Dr 93263 3/29/2010 ROF $30 .00 4765 Independence St 100652 3/29/2010 MFI $30 .00 3600 Fenton St 94329 3/29/2010 MID $30.00 6025 W 41 st Ave 94330 3/29/2010 SHE $30 .00 6025 W 41st Ave I 194330 3/29/2010 MID $30 .00 7888 W 34th Dr 91374 3/30/2010 ROF $30 .00 5810 W 44th Ave 100496 3/30/2010 BFI $30 .00 3520 Miller Ct 100721 3/30/2010 SHE $30 .00 6634 W 45th Ave 100741 3130/2010 MID $3000 4641 Kipling St 94197 3/30/2010 ROF $30 .00 4661 Kipling St 100169 3/30/2010 ROF $30 .00 4635 Kipling St 94198 3/30/2010 ROF $30 .00 10505 W 26th Ave 100699 3/30/2010 ROF $30 .00 4373 Moore St 100673 3/30/2010 ROF $30 .00 5910 W 35th Ave 100529 3/30/2010 ROF $30 .00 5910 W 35th Ave 100383 3/30/2010 FRI $30.00 3153 Ames St 100655 3/30/2010 ROF $3000 11315-25 W 46th PI 92855 3/30/2010 MID $30 .00 12540 W 31st Ave 100736 3/30/2010 SHE $30 .00 3475 Chase St 100402 3/30/2010 MID $30 .00 10925 W 39th PI 100347 3/30/2010 ROF $30 .00 4690 Vance St 100612 3/30/2010 ROF $30 .00 3880 Oak St 93463 3/30/2010 ROF $30 .00 4685 Webster St 100737 3/30/2010 ROF $30 .00 4066 Ames St 100678 3130/2010 ROF $30 .00 11925 W 1-70 Frontage Rd N 100742 3/30/2010 GAS $3000 6060 W 39th Ave 100455 3/30/2010 FWD $30 .00 10 3150 Benlon 51 100231 3130/2010 ROF $3000 9335 W 44lh Ave 100698 3/30/2010 ROF $3000 6855 W 481h Ave 100701 3/3012010 ROF $30 .00 4340 Pierson 51 92212 3130/2010 MID $30 .00 3830 Carr 51 100714 3/30/2010 MID $3000 4055 Kendall 51 100753 3/30/2010 MID $30 .00 3565 Moore CI 100153 3130/2010 ROF $3000 4070 Ames 51 100755 3130/2010 MID $30 .00 4530 Allison 51 100179 3130/2010 ROF $30 .00 3233 Taft CI 92883 3/30/2010 ROF $30 .00 3525 Moore 51 93257 3/30/2010 ROF $30 .00 3867 Quay 51 100731 3/30/2010 SHE $30 .00 11691 W 44th Ave 100558 3/30/2010 ROF $30.00 4733 Pie rce SI 93970 3/30/2010 ROF $30 .00 4768 Cody St 94063 3/30/2010 ROF $30 .00 3650 Garrison 51 91327 3/30/2010 ROF $3000 34 15 Teller SI 93823 3/30/2010 ROF $3000 10451 W 381h Ave 100693 3/30/2010 ROF $3000 11658 W 39th PI 92485 3/30/2010 ROF $30.00 4035 Nelson SI 100356 3/30/2010 ROF $30 .00 6625 W 31 st Ave 100526 3/30/2010 ROF $30 .00 2838 Ames St 100732 3/30/2010 MID $3000 9475 W 37th Ave 93988 3/30/2010 ROF $30.00 12420 W 35th Ave 91381 3/30/2010 ROF $30 .00 2830 Otis Ct 94480 3/30/2010 ROF $30 .00 3305 Harlan St 100403 3/30/2010 ROF $3000 9985 W 32nd Ave 94066 3/30/2010 ROF $30 .00 11001 Ridge Rd 93605 3/30/2010 ROF $30 .00 7340 W 34th Ave 100482 3/30/2010 ROF $30 .00 4200 Pierce St ,100719 3130/2010 MID $30 .00 2690 Pierce St ~00007 3/30/2010 ROF $30 .00 3540 Ward Rd 94024 3/30/2010 MID $30.00 4510 Newland St 100438 3/30/2010 MFI $30 .00 3100 Xenon St 94396 3130/2010 MID $30 .00 19 Twilight Dr 93656 3/31/2010 ROF $3000 3300 Quay SI 100578 3/31/2010 ROF $30 .00 6634 W 45th Ave 100741 3/31/2010 SHE $30 .00 11700 W 46th Ave 93129 3/31/2010 ROF $30.00 3832 Wright CI 92491 3/31/20 1 0 ROF $30 .00 11906 W 32nd PI 91689 3/31/2010 ROF $30.00 4595 Vance SI 92669 3/31 /20 1 0 ROF $30 .00 7421 W 46th Ave 90863 3/3 1 /20 1 0 ROF $30 .00 4550 Vance SI 90887 3131/20 1 0 ROF $30 .00 4305 Olis SI 100690 3/31/201 0 MID $30 .00 9456-68 W 471h Ave 100518 3/31/201 0 ROF $30 .00 3651 Ward Rd 100165 3/31/2010 ROF $30 .00 6950 W 32nd PI 94115 3/31/2010 ROF $30 .00 3250 Nelson SI 100530 3/31/2010 ROF $30 .00 4747 Olis St 100729 313112010 ROF $30.00 4080 Lamar SI 100601 3/31/2010 ROF $30 .00 3747-61 Quail SI 100039 3/31/2010 ROF $30.00 3763-3797 Quai l St 100040 3/31/2010 ROF $3000 4070 Ames SI 100755 3/31/2010 ROF $30.00 11 11830 W 35th Ave 4425 Kipling St 3540 Ward Rd 10367 W 41st Ave 4040 Cody St 10670 W 47th PI 6151 W 35th Ave 3002 Ames St 3730 Chase St 4300 Oak St , , 91651 93939 94024 93576 100380 100559 100539 100669 100675 93417 3/31/2010 MID $30 .00 3/31/2010 ROF $30 .00 3/31/2010 MID $30 .00 3/31/2010 ROF $30 .00 3/31/2010 MID $30.00 3/31/2010 ROF $30 .00 3/31/2010 ROF $3000 3/31/201 0 ROF $30 .00 3/31/2010 ROF $30 .00 3/31 /2010 MID $30.00 GRAND TOTAL $17 ,580.00 12 Council Action Form April 26, 2 0 I 0 Page 2 appointment at the April 12 study session and passed a consensus motion to appoint the Mayor of Wheat Ridge as the City 's CDAB representative , with Community Development s tafT as an alternate. FINANCIAL IMPACT: The appointment to the CDAB Board has no direct impact on the City's finances . [n the past several years, the City has been allocated approximately $330,000 annually through CDBG ftmding from the County and the City is eligible to apply for additional allocations through the open pool of funding , which CDAB makes recommendations on to the BOCC . Representation and participation on CDAB has an influence on how these federal funds are distributed. BACKGROUND: Jefferson County receives a direct allocation of Community Development Block Grant (CDBG) funds from the Department of I-lousing and Urban Development (BUD). After a portion of funds are retained for administrative purposes, the remainder of the fund s are distributed to the four non-entitlement communities in Jefferson County (referred to as the Participating Jurisdictions) based on the percentage of low/moderate income populations as well as to non-profits on a competitive basis . Based on this , the City has historically received an annual allocation of CDBG funds from the County . The County established the Community Development Advisory Board (CDAB) to make recommendations to the Jefferson County Board of County Commissioners (BOCC) on the expenditure of the County 's allocation (including funds to the Participating Jurisdictions and non-profits) ofCDBG funds. The CDAB is made up of nine members who represent different segments of the commuruty including but not limited to low income c iti zens and neighborhoods, businesses, industry, economic development, labor, faith based, law enforcement, education or other major groups and interest in the community. In addition, the CDAB Bylaws state that the CDAB shall include at least one member from each Participating Jurisdiction. The inclusion of someone from the Participating Jurisdictions is a lso included in the [ntergovernmental Agreement between Jefferson County and the City regarding expenditure of CDBG funds . The documents state that the Participating Jurisdiction shall advise the BOCC of their selection for membership on the CDAB but does not specifY who that member should be. RECOMMENDATION: Based on direction from the previous study session, staff is recommending that City Council pass a motion appointing the Mayor of Wheat Ridge as the City 's representative on the Community Development Advisory Board , with the Director ofCommlmity Development (or designee) as the alternate . RECOMMENDED MOTION: "1 move to appoint the Mayor of Wheat Ridge as the City 's representative on the Community Development Advisory Board , with the Director of Community Development (or designee) as the al ternate." Council Action Form April 26, 20 I 0 Page 3 REPORT PREPARED BY: Ken Johnstone, Director of Community Development ATTACHMENTS: None. Council Action Form April 26 , 20 I 0 Page 2 FINANCIAL IMPACT: Since body art estab li shments are a service, the City of Wheat Ridge does not receive any sales tax from the use. [f any supp lementary it ems assoc iated wi th the business such as t-shirts, tattoo after care products, body jewelry, or other miscellaneous items are s old , sales tax will be collected but the tax generated would be minimal. A one time fee for the Special Use PermitlVariance request was a ls o submitted with the application. BACKGROUND: The property is 10 ,987 square feet or .25 acres located on the east side of Harlan Street in between W . 44'h and W. 43,d Avenues and is zoned R-C. [·brlan Street has a mix of businesses and homes along the corridor. This area of Harlan St. has a large mix of small medical, d e ntal , accounting, mortgage, and other similar offices that do not generate large amounts of traffic. Residential uses are a lso located immediately to the east and to the south across W 43'd Ave. This proposed body art s tudi o will be similar in nature in that it will generate very littl e traffic and the residential use will also help the studio to "blend in" with the existing homes and businesses. The property is fully developed and contains a 2,158 square foot primary structure that was constructed as a single famlly home in 1955 . In 1976, the original attached garage was converted into photography studio and has been used in that manner s ince. The portion of the structure that was converted into the photography studio is approximately 700 square feet which also is the proposed location of body art studio . The residential component of the structure will be lo cated in the remaining 1,458 square feet of the structure. Normal business hours would typically begin at II :00 a .m. and go no later than 8 :00 p.m. The Jefferson County Health Department is the regulating authority of body art establishments and requires a plan review, equipment, and building inspections prior to the opening of any such facility. Subsequent yearly inspections are required by the Health Department to ensure all health codes are being met. RECOMMENDATIONS: Staff has concluded that the proposed request for a body art studio and the request to allow a larger residential area than commerc ial area on a commercially zoned property would have a minimal impact on properties within the vicinity. In addition, staff has found both requests to be in compliance with the majority of the applicable review criteria. Staff has provided an analysis of the Special Use and Variance criteria in the attached staff report. Council Action Form April 26, 20 I 0 Page 3 RECOMMENDED MOTION: Special Use Permit "I move to adopt Council Resolution No. 19-20 10, Case No. SUP-I 0-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: OR 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws . 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent propeIty owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks , schools, and other public facilities and services. With the following conditions: I. The special use for this establishment shall be issued to the applicant and may not be inherited. 2 . The parking lot must be restriped to reflect 90 degree parking. 3 . The SUP shall be consistent with the definition of a body aIt establishment as specified in City Code Section 26-123. 4 . The business shall operate in compliance with all State and County regulations regarding safe and sanitllry practice of body art, the safe and sanitary physical environment where body aIt is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business shall cease by 8 p.m ., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of aItists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department." "I move to deny Council Resolution No. I 9-20 I 0 , Case No. SUP-l 0-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reason(s): " Council A ction Form April 26 , 2 0 lO Page 4 Variance "[ move to adopt Council Resolution No.20-201 0, Case No. WA-lO-03 , a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: OR I. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners . 3 . The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks , schools , and other public facilities and services . 4. The character of the area will not be altered by the request. 5 . The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied . 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: I. The area floor dedicated to the residence may not be increas e either through the conversion of the studio to "livable s pace" or through the construction of additions to the slruchtre that would be for residential use . 2 . The structure may not be used wholly as a residential structure at any point." I "[ move to deny Council Resolution No.20-20 I 0 , Case No . WA-I 0-03 , a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property z oned R-C located at 4330 Harlan Street for the following reason(s): " REPORT PREPARED/REVIEWED BY: Adam Tietz, Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Resolution No. 19 -20 I 0 2. Council Resolution No . 20 -20 I 0 3. Staff report with Exhibits TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2010 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT IN A RESTRICTED- COMMERCIAL (R-C) ZONE DISTRICT ON PROPERTY LOCATED AT 4330 HARLAN STREET WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from 80 Fuks and Hillary Harris for approval of a body art establishment at property located at 4330 Harlan Street and zoned restricted-commercial (R-C); and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(C) based on the applicant's supplemental request for a variance; and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 8, 2010. I NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows : A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area . 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property . 4 . There will be no impact on the light, air, or water to adjacent property owners . 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. ATTACHMENT 1 With the following conditions : 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2 . The parking lot must be restriped to reflect 90 degree parking . 3 . The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26 -123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art , the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures . 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy . 6 . Multiple documented legitimate complaints for the business shall be grounds for initiati ng enforcement procedures of City Code Section 26 - 114(F). 7 . Operation hours of the business shall cease by 8 p .m ., Sunday through Thursday and 10 p.m., Friday and Saturday . 8 . The number of artists allowed to perform work in this studio shall be limited to two , as regulated by the Jefferson County Health Department. DONE AND RESOLVED THIS 26th day of April 2010. Jerry DiTullio , Mayor ATTEST : Michael D . Snow, City Clerk TITLE: CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO. 20 Series of 201 0 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City 's review and approval of Variances; and WHEREAS, an application for a variance has been received from Bo Fuks and Hillary Harris to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use at property located at 4330 Harlan Street and zoned restricted-commercial (R -C); and WHEREAS , the Community Development Director does not have jurisdiction to act upon the type of variance being request pursuant to Chapter 26, Section 115 ; and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing ; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 8 , 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows : A SPECIAL USE PERMIT TO ALLOW A VARAINCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. There will be no detrimental effect on health , safety, welfare, or convenience to the public in the area . 2 . There will be no impact on the light, air, or water to adjacent property owners . 3 . The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools , and other public facilities and services. 4 . The character of the area will not be altered by the request. 5 . The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied . A TT ACHMENT 2 6 . The variance will result in the accommodations for person with disabilities to be made. With the follow i ng conditions : 1. The area floor dedicated to the residence may not be increased either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use . 2 . The structure may not be used wholly as a residential structure at any point. DONE AND RESOLVED THIS 26 th day of April 2010. Jerry DiTullio , Mayor ATTEST : Michael D. Snow , City Clerk All notification and posting requirements have been met ; therefore , there is jurisdiction to hear this case. I. REQUEST Case No. SUP-I 0-04 is an application by Bo Fuks and Hillary Harris requesting approval of a Special Use Permit to allow a body art establishment in the R-C zone district and located at 4330 Harlan Street. Supplementary to the Special Use is a request for a variance that would allow a residential use to exceed the amount of square footage dedicated to the commercial use. The R- C zone district, along with all other commercial zone districts allows for body art establishments only after a Special Use has been approved. Residential uses are also permitted in all commercial zone districts; however the area dedicated to the residential component of tbe structure is not to exceed the area used for the commercial component. Typically the SUP process starts as an administrative review complete with a ten day public notice period . If any objections are received the application is forwarded to City Council. The Code of Laws does not give the Community Development Director the authority to approve a variance request of more than fifty percent with administrative special use reviews. Because of this the ten day posting period was omitted and the application was forwarded directly to City Council for the review of hoth. As a result , the Community Development Director has scheduled it to be heard at a City Council public hearing and provided a 10-day notice for the hearing. City Council can impose conditions or stipulations upon the approval , which may include physical design, operational , and maintenance considerations to ensure compliance with the criteria for review. City Council shall also decide the following: , I. Whether the SUP runs with'the land in perpetuity 2. Whether the SUP is personal to the applicant and mayor may not be inherited; and/or, 3. Whether the SUP is granted only for a defmed period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. CASE ANALYSIS The applicants Bo Fuks and Hillary Harris are requesting the Special Use Permit and the variance as prospective buyers of the property located at 4330 Harlan Street (Exhibit 1, Letter o/Request). The property is 10 ,987 square feet or .25 acres located on the east side of Harlan Street, between W. 44th and W . 43 rd Avenues . The property is zoned R-C, a commercial district established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses that are neighborhood oriented. The majority of the area is zoned commercially, whether it is C-J, N-C, or R-C, as it is in proximity to W . 44th Avenue, a major commercial corridor through the City of Wheat Ridge Case No. SUP-I 0-04 & W A-I 0-031Fuks and Harris 2 (Exhibit 2, Zoning Map). Harlan Street has a mix of businesses and homes along the corridor between W. 38th Avenue and Interstate 70. This area of Harlan St., in particular, has a large mix of small medical , dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. Residential uses are permitted in all commercial zone districts however, Section 26-626(A) of the City of Wheat Ridge Code of Laws does not allow the area used for a residential component of a live/work unit to exceed the amount of area used for the commercial component of the structure. This proposed commercial use will be similar in nature in that it will generate very little traffic and be neighborhood oriented. The residential use will also help the commercial use to "blend in" with the existing homes and businesses. The property is fully developed and contains a 2 ,158 square foot primary structure with a smaller accessory structure located in the rear of the main structure (Exhibit 3, Aerial Photo). The primary structure on the lot was constructed as a single family home in 1955 before the City of Wheat Ridge was incorporated. In 1976, the original attached garage was converted into photography studio and has been used in that manner since (Exhibit 4, Site Photos). The portion of the structure that was converted into the photography studio is located on the northern portion of the structure and is approximately 700 square feet. This would also be the location of the proposed body art establishment and commercial portion of the structure (Exhibit 5, Site Plan). The residential component of the structure will be located in the remaining 1,458 square feet of the structure on the southern side ofthe property and it will have less of an impact to the surrounding area then if the entire structure were used commercially. Both the studio and the residence do have their own separate entrances and they will be fully separated from each other. Both entrapces will have access to and face a paved parking area on the west side of the structure. The parking area is directly adjacent and has access to Harlan St. The parking provides parking for 6 vehicles with 6 diagonal parking spaces. The applicant has been doing body art for several years and most of the clientele has been established. Work is rarely done on walk-in customers since most of the work is done by appointment only. Though most of the work is done by appointment there will be set hours when a person would be able to walk-in to have work done if work is not already being done on someone else . Normal business hours would typically begin at II :00 a.m. and go no later than 8:00 p.m. The applicants will be renovating the interior space ofthe structure to meet the needs of their business as well as their home . The studio area will include an area to display art, the studio, a sterile room and a restroom (Refer to Exhibit 5, Site Plan). In addition, the applicants also will be renovating the exterior of the structure to clean it up, bring it up to date, and to install additional landscaping . Before any interior renovations begin, the Jefferson County Health Department requires a plan review application with the proposed floor plan be submitted for approval. Once approval from the county is obtained, the applicant must submit the approval along with all other documents that are required by the building division in order to obtain building permits from the City of Case No. SUP-10-04 & W A-I 0-03 fF uks and Harris 3 Wheat Ridge. Once the renovations are complete, all subsequent inspections will be required to completed and passed in order to obtain a Certificate of Occupancy, including any and all state and county inspections. All medical or biohazard waste produced by the body art establishment is also regulated by the Jefferson County Health Department. The needles used are one time use, deposable needles. Once the needles have been used and discarded they will be stored in the sterile room in a medical waste container until the container is full and ready for pick -up. The needles and other medical waste are picked-up by Lakewood Medical Waste and disposed of properly by them . All additional waste that is not required to be picked up by the medical waste disposal company is safe for normal trash pick-up. A dumpster will be located on the property for this waste. The dumpster will have a lock on it to ensure that no one may break into the dumpster. lli. VARIANCE CRITERIA Staff has the following criteria to evaluate variance requests and shall determine that the majority of the "criteria for review" listed in Section 26-1IS.C.4 of the City Code have been met. The applicant has provided their analysis of the applications compliance with the variance criteria (Exhibit 6, applicant responses). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied , the applicant would still be able to use the structure as a residence and for a body art establishment (depending on the outcome of the Special Use Permit). While it is not ideal for the size ofthe proposed business or financially feasible for the applicants, the structure could be modified to allow the majority of the floor area to be dedicated to the body art establishment. Staff finds this criterion has not been met. 2. The variance would not alter the essential character ofthe locality. If the request were granted, it would not alter the character of the area. The majority of the area is zoned commercially although there are some residential areas to the south and east. This area of Harlan St. has a large m ix of small medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. The business would be similar in nature in that it would be a low intensity use in an area more suited for offices and neighborhood oriented retail. In addition, the residential component of the structure will have even a less impact on the surrounding area then if the entire structure were used for commercial purposes. Staff finds this criterion has been met. Case No. SUP-JO-04 & WA-IO-03/Fuks and Harris 4 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property that would not otherwise occur if the variance is not granted. The applicants are proposing to spend several thousand dollars to upgraded the property and make it more attractive. In addition, the applicants are interested in and have been in contact with the Wheat Ridge Business District regarding the business improvement grants for exterior renovations . If the variance is not granted, the applicants will not be able to fiscally make the conversion to make a majority make of the structure dedicated to the commercial compon ent and would therefore not purchase the property . The property would remain in the state it currently is in resulting in it not being invested in at all. Staff finds this criterion has been met 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. This variance request is not specifically related to the shape or topography of the lot. It only relates to the structure and the floor area dedicated to the residence and the studio. r Stafffinds this criterion is 1101 applicable. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. As stated above the alleged hardship only relates to the structure and the floor area dedicated to the residence and the studio . The attached garage was converted into a photography studio in 1976 prior to the applicants having a vested interest in the property . The structure is ideally set up for what the applicants are proposing with only having to do minor modifications to the interior to separate the res idence from the body art studio . Staff fmds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing Case No. SUP-IO-04 & W A-I 0-03 fFuks and Harris 5 the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Staff believes the request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets. Nor would it cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. It also would not increase the danger of fire . Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are numerous properties along the Harlan St. corridor that were originally constructed as single family homes that have been converted at some point to accommodate commercial uses. Although there is no record of any of these structures having a similar situation to what is being proposed, it would not be unlikely to see a similar req,uest to allow a larger residence then commercial component in one of these structure as more people begin to work and reside at the same location. Staff finds this criterion has been met. 8. Granting ofthe variance would result in a reasonable accommodation of a person with disabilities. As a part of the renovations, the Building Division will require that the area for the proposed studio be brought into compliance with ADA standards to the extent they do not currently, including the restroom. Staff fmds this criterion has been met. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual applies to all new construction except single and two family residential structures and those existing structures undergoing major additions. No new buildings or additions are being proposed for this site. Case No. SUP-I 0-04 & W A-I 0-031Fuks and Harris 6 Staff finds this criterion is not applicable. IV. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26-114 .D of the City Code have been met. The applicant has provided their analysis of the applications compliance with the variance criteria (Exhibit 7). Staff provides the following review and analysis of the special use criteria : 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use will not affect the health, welfare, safety, or convenience of any person working or residing in the area. The property is already developed and has the ability to accommodate all renovations and parking required to accommodate the new business. Jefferson County Health will review and approve all proposed plans for health related codes. Prior to a Certificate of Occupancy being issued, the applicant will have to submit all approvals and inspections that are required by the Jefferson County Health Department or other State or County entities requiring inspections. The surrounding land uses !lfe commercial in nature some of which are more intensive in use and generate more traffic than the proposed use. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The property is developed and looks aged but does not contribute to blight in the neighborhood. The building was built in 1955 and has had minimal updates to the exterior since then. The applicants are proposing to invest several thousand dollars to clean up and renovate the exterior of the home. In addition, the applicants are interested in and have been in contact with the Wheat Ridge Business District regarding the business improvement grants for exterior renovations. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Case No. SUP-I 0-04 & W A-I 0-03/Fuks and Harris 7 Staff has not identified any adverse impacts greater than are allowed under existing zoning. There will be no impact to the light , air and water to the adjacent properties as no expansions or other development is being proposed. There will also be no adverse impacts as the R-C zone district allows for businesses that generate similar amounts, if not more , traffic . Staff finds this criterion has been met. 4. The special use will not result in undne traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The use will not create undue traffic congestion or hazards. All parking and loading areas are currently existing on the property. The parking lot will be required to be restriped in order to accommodate 90 degree parking spaces. By reorienting the parking all concerns of vehicles backing out onto Harlan St. from the property will be addressed. Staff flllds this criterion has been met. S. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The property is already devrloped. No changes to the exterior of the building are being proposed other than updates and landscaping improvements. As a result, all setbacks from surrounding structures will remain the same and the height will remain unchanged . The impervious surfaces are not being increased and no grading will be done so site drainage will remain unchanged. The parking and landscaping will also remain unchanged as the change in use does not require there to be an increase from what is already provided. Staff fmds this criterion is not applicable. 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks, schools and other public facilities will not be negatively impacted. The existing network of streets has the ability to handle the capacity of traffic that is already using the streets. There will be insignificant increases to traffic on the streets generated by this use. There is an existing building on site already being served by outside utility companies. Any improvements required by the utility companies must be completed during the building permit process. Staff finds this criterion has been met. Case No . SUP-J 0-04 & WA-J 0-03 /Fuks and Harris 8 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant nor the property in question does not have a history of code violations . Staff fmds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual applies to all new construction except single and two family residential structures and those existing structures undergoing major additions. No new buildings or additions are being proposed for this site . Staff fmds this criterion is not applicable . V. NEIGHBORHOOD MEETING Prior to submittal of an application for a special use , the applicant is required to hold a neighborhood meeting in accordance with the requirements set in City Code , Section 26-109A. A meeting for neighborhood input was held on March 19 ,2010 in accordance with Section 26- 109A. Other than the staff and applicant, four residents of the area were present. In addition to the neighborhood meetil)g, one letter and two phone calls were received in regards to the proposed use. The individuals who expressed their concerns had similar concerns to those of the residents who attended the neighborhood meeting. Their concerns are outlined in the neighborhood meeting minutes (Exhibit 8, Neighborhood Meeting Minutes). VI. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Their speci fic referral responses follow: Public Works: The parking lot must restriped to reflect 90 degree parking stalls to prevent vehicles from backing out of the parking lot onto Harlan St. Economic Development: The City of Wheat Ridge Economic Development office upports the approval of a Special Use Permit for the following reasons: o The proposed improvements to this property will enhance the overall appearance of the area. o This property seems ideally set up for the proposed use. o The improvements will also allow for a higher quality use of the property, which could therefore create a net positive gain in sales tax revenue coming from this property. Case No . SUP-IO-04 & WA-IO-03 /Fuks and Harris 9 • Thi s proposed use would likely have a small impact on the neighborho od . Wheat Ridge Fire Department: No comments or objections . All other agencies to which the request was put referral either did not respond or have indicated they have no issues with the proposed use and that they have the ability to serve the property. YD . ST AFF RECOMMENDATIONS/FINDINGS OF FACT Having found the application for Case No. SUP-I0-04IFuks and Harris , a Special Use Permit for a body art establishment and Case No. WA -IO-03IFuks and Harris, a variance request to allow for a larger residential component on a property on R-C zoned property, to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of both requests . YIn. RECOMMENDED MOTIONS Special Use Permit Option A "I move to approve Case No. SUP-1 0-04 , a request for a Special Use Perrnit to allow a body art establishment at 4330 Harlan Street for the following reasons : 1. This request for a Special Use meets all applicable conditions as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. I 2 . There will be no detrimental effect on health, safety , welfare, or convenience to the public in the area. 3 . The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4 . There will be no impact on the light , air, or water to adjacent property owners . 5 . The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited . 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123 . 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions o f equipment utilized in body art procedures . Case No. SUP-l 0-04 & WA-l 0-031Fuks and Harris 10 OR 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business s hall cease by 8 p.m., Sunday through Thursday and 10 p .m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department." Option B "I move to deny Case No. SUP-I 0-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: 1. " Variance "I move to approve Case No. W A-I 0-03, a variance to allow the amount oftolal floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: OR I. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area . 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: I. The area floor dedicated to the residence may not be increase either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point." Option B Case No. SUP-I 0-04 & W A-I 0-03 fFuks and Harris II ") move to deny Case No. WA-10-03 , a variance to allow the amount oftotaJ floor area de voted to the residential use of the structure to exceed the amount of floor area devoted to th e commercial use on property zoned R-C located at 4330 Harlan Street for the following re asons: I. " Case No. SUP-I 0-04 & W A-I 0-03 /Fuks and Harris 12 Our projected business plan ... We own our business in Lakewood . We have bought and payed for everything and been operating succeslully since August 13th 2009. I have 1 employee and 1 apprentice who is also our babysitter. These people are like family to us. They will be relocating with us to the new location i n Wheat Ridge if everything works out. We are a small quiet family business. We each all have our own family and children at home. This move would help all of us better our lives and bring revenue to Wheat Ridge. We are not a "typical tattoo shop' we have different goals and inspiration 's than anyone we have met in the industry. We do not work on minor's or allow ANYONE under the age of 1 B into our establishment. Actually we wish the state laws would not allow this in any shop. Just personal opinion's. We are also leap years beyond the other shops in technology. We run pneumatic tattoo machines which are very expensive and medical grade equipment. These machines are the only machines that can be autoclaved . There for making the ONLY truly sterile tattoo. All the other shops use prehistoric electric machines that can not be autoclaved, only sanitized minimally because of the electronics. Our studio is regulated by the Jefferson County Health Department, Enviro-Tech Spore Testing , and we also use Lakewood Medical Waste for disposal of our blo-hazard materials. Basically we push professional and sterile to the next level. Which SHOULD be an industry standard but has not yet been pushed by the health department. , We are not a "high flow" studio. I do around 5 tattoo's a week is all and my employee does less than that. So we do not see anything that would cause problems for neighboring business and residences. If anything we will help the local business 's and the community. And projected future for us is to open a Hair Salon with in 5 years after Hillary has established cliental in the area. She is attending one of the Nation's highest rated beauty schools (aveda) and is currently holding High Honors awards for her work and grading . We will be successful and beneficial to ANY community we are part of. We just hope it can be in Wheat Ridge at the location we have chosen. I I· I I i ,.' .. EXHIBIT 3 A . The property in question would not yield a reasonable return in use, service or incom e if permitted to be used only under the conditions allowed by regulation for the district in which it is located. (response) .. We need the living space for our 2 children and ourselves. If we dedicated more space to commercial we would have no room to live. Also with neighborhood response, it would be more offensive to them. B. The variance would not alter the essential character of the locality. (response) .. The variance would allow the property to remain as is and also allow the house to be more livable and become a nicer property than it already is , since we will be doing $10,000 in remodel adding a kitchen and full bathroom to the property. C . The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. (response) .. Without the variance we could not live nor work in this property. Zoning requires we have more square footage for commercial than for residential, there for requiring we dedicate 350 square feet of home to commercial or add on 700 square feet to the commercial side to make up differance. We do not require more than 700ft for the small private studio. D . The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. (response) .. We love the way the property looks and do not wish to alter it other than proper upgrades that are needed. By adding on to the property it would disturb the neighbors and be very costly. An expense we deem uuneccesary. For us to live in the property is already costing us $10,000 and to alter it to meet city square footage requirements would bring our cost to over $30,000. Not affordable for us. I I E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. (response) .. Wejust need the property to remain as is and not have to alter anything except the bathroom. Our small business does not need to be 1500 square feel It is perfect for our projected plan. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of ftre or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. (response) .. Not at all, our proposal is to be able to live and work in the property without altering the permanent structure. I see zero impact on the adjacent properties and actually we will be restriping the parking so that the lot will be more effective in pulling in and out of parking lot. G. The uDusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not uDique to the property. (response) . .1 am Dot sure how to respond to this. I guess because the zoning is "rc" it would be unique to the property. But not entirely unheard of. We just want to tum the property into a VERY Dice home with a small studio attached. This structure used to be a home and was altered. We just choose to re-alter it back to a home. A place we can raise our family and also do my work. In tum I think it would be beneficial to the community and allow us to be a part of it with minimal impact. H. Granting of the variance would result in a reasonable accommodatioD of a person with disabilities. (response) .. Yes, the studio portion is handicap accessible, if the property had to be altered to favor city requiremeDts, than the front door of the "home" would need to be changed and also make the property not a place we would desire to own. I. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. 1. Will not have a detrimental effect upon the general health , welfare, safety and conven ience of persons residing or working in the neighborhood of the proposed use . We are just a small private studio that will be operating out of our home. We are a family first and a business second . We believe we will be beneficial to the community. 2 . Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed plan . There will be minimal to zero impact to neighborhood. We will not be doing any major changes to property and are appointment based business which will not create any traffic issues. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution . There will be no effect due to us or our business. We are small, health department regulated . We follow more than necessary guidelines to meet and exceed our regulations. Our business is quiet, professional, and will pretty much go unnoticed . 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. We will be re-striping the parking lot at the property so that there will be no backing into traffic. Also as stated earlier I ani an apointment based business so traffic will be minimal, not saying there wont be "walk-in" traffic. But I would assume the previous business had more traffic than we will. 5 . Will be appropriately designed, including setbacks , heights, parking, bulk, buffering , screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood . The property will be staying as is except for us changing the arrangement of parking to better suit needs. If anything we will be improving the character of property with our clean up and proper improvements to the property: 6 . Will not overburden the capacities of the existing streets, utilities , parks, schools, and other public facilities. We will not affect the community any more than any normal residence. 7. History of compliance by the applicant with code requirements and or prior conditions , if any, regarding the subject property. We are taking every step in making sure everything follows codes , restrictions, and requirements . We are not altering the property except where requested by the city of Wheat Ridge . 8. Ability of the applicant or any permitted-in-interest to continuously meet the conditions of the proposed permit. This is our goal. We want to be part of the community and follow all that is required. We have made sure to stay ahead and comply before moving forward in every step. We believe we will have no problems in pleasing our neighbors and the City of Wheat Ridge and any requests they may have. r r r The nature of the business itselfwiIl be very modest. The applicants currently have the business in Lakewood. It is a very small operation as and 65-80% of the business is by appointment only. The applicant's studio must meet all health codes established by the Health Department. The equipment used is medical grade equipment and the applicant is I of only 2 body artists in the state of Colorado that have such equipment. The following issues were discussed regardiog tbe Special Use Permit request: • Other than the applicants and staff, 4 members of the public were in attendance at this neighborhood meeting. The people that were present represented areas of the surrounding neighborhood within the 600 foot noticing. • Prior to the neighborhood meeting one letter and two phone calls were received regarding the request. All three were in opposition to the request stating, increased traffic, decreased property values, the nature of the business, and the type of people that the business attracts as the main reasons for objecting. • Staff discussed the site, its current zoning, the recently adopted comprehensive plan and how it affects the property, and the process that will be required to obtain a Special Use Permit on the property. • The applicants Bo Fuks and Hillary Harris briefly described what is being proposed and the nature of the business. The applicants informed the members of the public that the business is very small in nature and that the rest of the property would be used as their residence. Mr. Fuks stated that has been doing body art for several years and most of his clientele has been established. He rarely does work on walk-in customers since most ofms work is done by appointment only. Though his work is mostly done by appointment there will be set hours when a person would be able to walk-in to have work done if Mr. Fuks is not already working on someone. Normal business hours would typically begin at II am and go no later than 8 pm. The applicants informed the neighbors that Mr. Fuks will be the only person working from the studio as the health department limits the amount of people that can work in any given I space. With the space in the studio there would be virtually no room in the studio for another artist. • The members of the public were informed of their chances to make comments in the SUP process and at the public hearing that will be required before City Council. Tbe following questions and concerns were voiced by of the members of the public present at tbe meeting. • One of the people present felt that as long as the City of Wheat Ridge uses the criteria for a Special Use Permit to evaluate the request and as long as the business meets the majority of the criteria, there seems to be enough review in place to ensure the request will not result in the business having a negative impact on the neighborhood. • One person was concerned about the clientele that would be attracted to the business. • What type of signage will there be to advertise the business? Large lit signs? Wording on the signs? There is an existing sign on the property that will be utilized and it will not be internally Iii up. The sign may repainted and it will contain the business name. If the word "tat/oo " is too sensitive, the applicant is more then happy to change the wording on the sign. If the words "ink" or "body art" are acceptable to the neighbors then they may be incorporated into the sign. If they are too sensitive a new design can be worked on so to only incorporate the name of the business .. The existing business does have a small light up sign about 3 square f e et in size that is located in the window. It is very unobtrusive and will go in the window on the side of the structure where the studio will be located. It will be turned off when the studio is not open. • How will the use affect property values? The use itself will unlikely have any affect at all on the property values. In fact in recent years the value of the property in question went up significantly. With this in mind and the fact that several thousand dollars will be invested in the property to renovate it, it is unlikely that values will go down and may actually increase. • Is this an appropriate use for this location? As Harlan Street is today, there is a mix of businesses and homes on the corridor between W 38'h Avenue and Interstate 70. This area of Harlan St., in particular, has a large mix of small medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. This use will be similar in nature in that it will generate very little traffic and use will "blend in " with the existing homes, especially since part of the structure will be used as the home. Additionally, the Comprehensive Plan that was adopted in October suggests that this corridor should be made suitable for smaller neighborhood oriented retail and offices. The Comprehensive Plan designates Harlan Street as a neighborhood commercial corridor. The proposed use would fall within the recommendations of the Comprehensive plan. • Have there been any other locations that have been looked at? No. No other location has been considered as this is the location that fits the business, residential, and financial needs and limits of the applicants. • What is there to prevent less desirable land uses that are associated with body art establishments from locating in the area? If the land use is a questionablq use due to the impacts on the surrounding neighborhood, typically a special use permit i~ required to ensure the surrounding area isn 't disrupted • What will the hours of operation be? 11 :OOam to 8:00pm. The hours will remain this way as Mr. Fuks will be the only artist and does not work past this time. • If the operation got too large or too busy, would you expand or bring in additional artists? There arc strict standards in place by the health department that regulate the amount of space that is needed for each artist and their equipment. With the size of the proposed studio only being 700-750 squareftetthere would barely be enough room for an additional artist. Even if an additional artist was added to the business, an additional special use permit would be requiredfor the new artist and the request would be required to go through this same process. The neighborhood would be informed if such a request was proposed. • How are the needles and other waste disposed of'? The needles uses by Mr. Fuks are one time use , deposable needles. The use d needles are not disposed of outside. They are stored in a sterile room in a medical waste container until the container is foil and ready for pick-up. The needles and other medical waste are picked-up by Lakewood Medical Waste and disposed of properly by them. This procedure is also regulated by the Jefferson County Health Departmenl. All additional waste that is not required to be picked-up by the medical waste disposal company will be taken to the dumpster. The dumpster will have a lock on it to ensure that no one may break into the dumpster. • Once the applicants family outgrow the home or the business gets larger , will the applicants move out and make the entire structure a body art establishment? This is unlikely as the Special Use Permit will be written with the condition that the use is only goodJor Mr. Fuks and no one else. It could also be written that if the business were to expand at all that the Special Use Permit process would be required again. Additionally, the applicants expressed that it is not the intent to have a large business . If they did out grow the home or the business got to big they would more than likely sell the entire property so they could have a home and a larger studio in different locations; • Are there any changes to the fence in the back yard? No. The backyard is perJect Jor the daughters oj the applicants. It does have to be cleaned up a bit but other than that, there are no proposed changes to the back yard • What happens if the variance is also being requested is not approved? The applicants have indicated that if the variance was not approved, it would be financially inJeasible Jor them to purchase the property Jor sole purpose oj running a body art establishment. If the variance were not approved, the applicants would not purchase the property. I I Council Action Form April 26 , 20 I 0 Page 2 concerning the restaurant parking issue and will allow the City to construct the trail to 38 1h Avenue. PRIOR ACTION: City Council approved a resolution to obtain an appraisal on the applicable portion of park property adjacent to the Appleridge Cafe on August 28,2008. City Council approved the transfer of the reverter clause from this park parcel to the Baugh House property on September 28,2009 as one of the required steps to allow for the future disposal of the park property. FINANCIAL IMPACT: The City will, in exchange for the right of way , construct the new addition to the restaurant parking lot for an amOlmt not to exceed $103 ,000. A supplemental budget appropriation from general fund reserves is required to complete the exchange. BACKGROUND: The City has presented a contract to the property owner with the following components based on the appraised price: I) Owner purchase 11 ,431 square feet of park property for the purchase price of $110 ,197.60 . 2) City will receive Kipling Right of Way from the property owner in the amount o f 4 ,572 square feet. 3) The City will , in exchange for the right of way , cons truct the new addition to the restaurant parking lot for an amount not to exceed $103 ,000. Per Gerald Dahl , City Attorney, the Wheat Ridge Charter addresses the dispos al of park land in Section 16 .5. "The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval , by ordinance, of thre e-fourths of the entire council. Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land." The park master plan was designed to achieve a win-win situation with the existing restaurant business located on the corner. The plan identifies the northeast corner of the parkland as an area for future development. The restaurant property owner at this time does not wish to purchase the entire .85 acres. A lot will be platted for future sale when , and if, the restaurant property re- develops . This park parcel will remain vacant in the future to allow for future development, sale and or lot consolidation with the restaurant property. RECOMMENDATIONS: Staff recommends approval of Council Bill No. 07-2010 Council Action Form April 26, 2010 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2010, approving the sale of designated park land near the intersection of West 38 th Avenue and Kipling Street and, in connection therewith, approving an agreement on first reading, ordered published, public hearing set for Monday, May 10,2010 at 7 p.m. in City Council Chambers and if approved take effect 15 days after final publication." Or, "I move to table indefinitely the approval of Council Bill No. 07-2010, approving the sale of designated park land near the intersection of West 38 th Avenue and Kipling Street for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Tim Paranto, Public Works Director ATTACHMENTS: I. Council Bill No. 07-2010 2. Agreement 3. Park Master Plan 4. Parcel Diagram TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ COUNCIL BILL NO. 07 ORDINANCE NO . .,-:-__ _ Series 2010 AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND NEAR THE INTERSECTION OF WEST 38TH AVENUE AND KIPLING STREET AND, IN CONNECTION THEREWITH, APPROVING AN AGREEMENT WHEREAS, the City of Wheat Ridge, Colorado ("City") owns certain real property within the City near the intersection of West 38 th Avenue and Kipling Street that is designated as park land; and WHEREAS, a portion of said park land is adjacent to private property owned by John Athanasopoulos, upon which a cafe business is currently located; and WHEREAS , in 2008, the City approved a master park plan for said park property that includes a pedestrian/bicycle trail along Kipling Street and recognizes the need to address the parking and access difficulties currently experienced by Mr. Anthanasopoulos' cafe property; and WHEREAS, in furtherance of both of these goals, the City and Mr. Anthanasopoulos have negotiated an agreement under which Mr. Anthanasopoulos conveys property to the City suitable to locate the pedestrian/bicycle trail and the City conveys property to Mr. Anthanas6poulos suitable to address his parking and access issues; and WHEREAS, the property the City proposes to convey to Mr. Anthanasopoulos is designated park land; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16 .5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council finds and determines that the sale of a portion of the park land located at West 38 th Avenue and Kipling Street , under those terms and conditions set forth in the agreement concerning the same, promotes the public health, safety and welfare by removing access to the private cafe property through the Kipling deceleration lane and by allowing the continuation of pedestrian and bicycle access along Kipling Street to West 38 th Avenue; and WHEREAS, the City Council therefore desires to approve the sale of said park property and, in connection therewith, to approve an agreement concerning the same . ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO : Section 1 . Sa l e of Park Prooertv Aooroved. Pursuant to Charter Section 16 .5 , the City Council hereby approves the sale of certain City-owned property designated as park land, more part icularly described in Exhibit 1, attached hereto and incorporated herein by this reference . Section 2. Agreement Approved. In connection with the sale of park land approved by Section 1 above , the City Council hereby approves the Agreement Concerning the Conveyance, Improvement and Development of Properties Adjacent to W . 38 th Avenue and Kipling Street ("Agreement"), attached hereto as Exhibit 2 and incorporated herein by this reference . The Mayor and City Clerk are hereby authorized and directed to execute the Agreement. Section 3. Condition of Approval of Sale of Property. The sale of property approved by Section 1 above is expressly contingent upon the satisfaction of the condition precedent set forth in Section IIA of the Agreement: subdivision of the property subject to sale in accordance with the Wheat Ridge Code of Laws . Should this condition precedent fail to occur, the approval set forth in Section 1 above shall never become effective . Section 4. Severability, Conflicting Ordinances Repealed . If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of'this Ordinance are hereby repealed . Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter . INTRODUCED, READ , AND ADOPTED on first reading by the unanimous approval of the entire membership of the City Council this __ day of , 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for Monday, , 2010 at 7:00 p.m., in the Council Chambers , 7500 West 29 th Avenue , Wheat Ridge, Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by the unanimous approval of the entire membership of the City Council this day of ______ ,2010. SIGNED by the Mayor on this __ day of _____ , 2010 . ATTEST: Michael Snow, City Clerk First Publication : Second Publication : Wheat Ridge Transcript Effective Date : Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl , City Attorney EXHIBIT 1 THE CITY PARCEL LEGAL DESCRIPTION : THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27 , T3S , R69W, 6TH PM; Thence N89 °39 '35"E on and along the North line of said section 27, a distance of 199.00 feet ; Thence SOo 012'38"E parallel with the West line of said section 27 , a distance of 35.00 feet; to the South ROW line of W. 38 th Ave . and the TRUE POINT OF BEGINNING; Thence continuing southerly parallel with the West line of said section 27, a distance of 214 .63 feet Thence S89 °39'35"W parallel with the North line of said section 27, a distance of 124 .00 feet; Thence NOo 012'38"W parallel with the West line of said section 27, a distance of 70.00 feet ; Thence N89 °39'35"E parallel with the North line of sa id section 27, a distance of 1 05 .00 feet; Thence NOo 012'38"W parallel with the West line of said section 27, a distance of 144 .92 feet to the South ROW line of W . 38 th Ave .; Thence S89 °29'38"E on and along the South ROW line ofW. 38 th Ave ., a distance of 19 .00 feet; to the TRUE POINT OF BEGINNING . Containing 11 ,430.78 square feet or 0 .2624 acres, more or less . NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NW 1/4 of said Section 27 being N 89 °39'35 " E. Bearings shown hereon are based on the CURRENT CITY DA TUM , a Ground -Based modified form of the NAD83/92 State Plane Coordinate System . EXHIBIT 2 AGREEMENT CONCERNING THE CONVEYANCE, IMPROVEMENT AND DEVELOPMENT OF PROPERTIES ADJACENT TO W . 38 TH AVENUE AND KIPLING STREET This Agreement concern i ng the conveyance, improvement and development of properties adjacent to West 38 th Avenue and Kipling Street (the "Agreement") is made and entered into as of the _ day of , 2010, by and between the City of Wheat Ridge , a Colorado home rule municipal corporation , whose address is 7500 W. 29 th Avenue, Wheat Ridge, Colorado 80033 (the "City") and John Athanasopoulos , an individual whose address is 22 Morningside Drive, Wheat Ridge, Colorado 80215 (the "Owner"), collectively hereinafter the "Parties." WHEREAS, the Owner owns certain real property abutting the east side of Kipling Street, immediately south of the intersection of Kipling Street and W. 38 th Avenue, more particularly described on Exhibit A (the "Kipling Parcel"); and WHEREAS, the Owner also owns certain real property adjacent to the Kipling Parcel, more particularly described on Exhibit B, upon which the business known as the Apple Ridge Cafe is located (the "Cafe Property"); and WHEREAS, the City owns a parcel of real property located to the southeast of the Cafe Property , which has been used with the City 's consent for Cafe Property parking and trash storage and is more particularly described in Exhibit C (the "City Parcel"); and WHEREAS, the Owner wishes to convey the Kipling Parcel to the City in exchange for certain improvements which the City agrees to make to the City Parcel and the Cafe Property to better the Owner's use of the Cafe Property and the City Parcel for parking , storage, and other uses incidental to the primary use of the Cafe Property; and WHEREAS, the City desires to sell, and Owner desires to purchase, the City Parcel, which is more particularly described in Exhibit C; and WHEREAS, the Parties therefore wish to convey certain interests in their respective properties to each other with those reservations and upon those terms and conditions as more specifically set forth herein. NOW, THEREFORE, in consideration of the mutual covenants , promises and consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged , the Parties agree as follows: I. THE KIPLING PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge . The parties agree to cooperatively pursue such subdivision . Within thirty (30) days of the date a final plat containing the Kipling Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407.B.6. of the Wheat Ridge Code of Laws, as existing or hereafter amended, the City shall commence the Purchase Process, as defined and further described by Article V of this Agreement, for the Kipling Parcel. If the Kipling Parcel is conveyed to the City, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit D . B . As sole consideration of Owner's conveyance of the Kipling Parcel , the City shall make certain improvements to the City Parcel and the Cafe Property in furtherance of Owner's use of the Cafe Property as a restaurant, such as parking and signage . The City 's improvements to the City Parcel shall include the grading and paving of parking surface areas and the relocation of the existing free-standing Apple Ridge Cafe sign , as illustrated on Exhibit F to this Agreement (the "Improvements"). The cost of the Improvements shall not exceed ONE HUNDRED THREE THOUSAND DOLLARS ($103,000 .00). The Parties agree that the City shall have no obligation to commence or complete any of the Improvements if and when the City's cumulative expenditures toward the Improvements total the maximum amount provided above . C . The City's obligation to construct the Improvements is contingent upon transfer of title to the Kipling Parcel to the City at Closing . The City shall commence construction of the Improvements within 240 business days of a successful Closing. II. THE CITY PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge . The parties agree to cooperatively pursue such subdivision . Within thirty (30) days of the date a final plat containing the City Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407 .B.6 . of the Wheat Ridge Code of Laws, as existing or hereafter amended, Owner shall commence the Purchase Process, as defined and further described by Article V of this Agreement, for the City Parcel. If the City Parcel is conveyed to the Owner, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit G. B. As sole consideration for the estate conveyed by the deed described in Section IIA, Owner shall pay the City the sum of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110,197 .60). Owner's obligation to pay this amount is contingent upon transfer of title to the City Parcel to Owner at Closing. ARTICLES III AND IV INTENTIONALLY OMITTED V. PURCHASE PROCESS A. This Article shall govern the purchase process for any parcel conveyed pursuant to this Agreement (the "Subject Property"), which process shall be known as the "Purchase Process " for each such individual parcel. B. The Party responsible for commencing the Purchase Process (the buying Party) shall do so by providing written notice of its intent to commence the Purchase Process to the selling Party as of a date certain, no earlier than the date of such notice. C. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall cause to be furnished to the buying Party, at the selling Party's expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the purchase price of the Subject Property . At the selling Party's expense, the selling Party shall cause the title insurance policy to be issued and delivered to the buying Party as soon as practicable at or after Closing if Closing occurs pursuant to subsection N below. The Title Commitment shall commit to delete or insure over the standard exceptions which relate to : 1. Parties in possession not shown by public records , including the Form 100 endorsement for the same ; 2. Unrecorded easements ; 3 . Survey matters ; 4 . Any unrecorded mechanic's liens ; 5. Gap period (effective date of commitment to date deed is recorded); and 6 . Unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing . Any additional premium expense to obtain this additional coverage shall be paid by the selling Party . D . On or before ten (10) days following commencement of the Purchase Process , the selling Party shall cause the buying Party (and the issuer of the title insurance commitment) to receive a current survey of the Subject Property (the "Survey"). E. On or before ten (10) days following commencement of the Purchase Process, the selling Party, at its own expense, shall furnish to the buying Party : (1) a copy of any plats , declarations, covenants, conditions and restrictions burdening the Subject Property , and (2) copies of any other documents listed in the Title Commitment schedule of exceptions. The Title Commitment, together with any documents identified in this subsection as well as the Survey, constitute the Title Documents . F . The buying Party shall have the right to inspect the Title Documents . Written notice by the buying Party of un-merchantability of title , form or content of the Title Documents or of any unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of the buying Party and delivered to the selling Party on or before ten (10) days following receipt by the buying Party of the Title Documents or within five (5) days after receipt by the buying Party of any change to the Title Documents or endorsement to the Title Commitment (whichever is later), together with a copy of the document adding any new exception to title . If the selling Party does not receive the buying Party 's notice by ten (10) days following the buying Party 's receipt of the last to be received of the Title Documents, the buying Party accepts the condition of title as disclosed by the Title Documents as satisfactory . G . The selling Party shall deliver to the buying Party , on or before ten (10) days following commencement of the Purchase Process , true copies of any matters not shown by public records and of which the selling Party is in possession , including but not limited to , all leases and surveys pertaining to the Subject Property and shall disclose to the buying Party all easements , liens , or other title matters not shown by public records of which the selling Party is aware . The buying Party shall have the right to inspect the Subject Property to investigate if any third party has any right in the Subject Property not shown by the public records (such as unrecorded easement, unrecorded lease , or boundary line discrepancy). Written notice of objection to any unsatisfactory condition disclosed by the selling Party or revealed by such inspection shall be given to the selling Party on or before ten (10) days following receipt by the buying Party of the selling Party's disclosure or completion by the buying Party of the inspection contemplated above . If the selling Party does not receive any such notice by said date, the buying Party accepts title subject to such rights, if any, of third parties of which the buying Party has actual knowledge. H. The buying Party shall have the right to inspect the Survey . If written notice by or on behalf of the buying Party of any unsatisfactory condition shown by the Survey, notwithstanding subsection F. above , is received by the selling Party on or before ten I (10) days following receipt by the buying Party of the Survey , then such objection shall be deemed an unsatisfactory title condition . If the selling Party does not receive the buying Party 's notice on or before ten (10) days following receipt by the buying Party of the Survey , the buying Party accepts the Survey as satisfactory . I. On or before ten (10) days following commencement of the Purchase Process , the selling Party agrees to deliver to the buying Party the most current version of the selling Party 's Property Disclosure form completed to the best of the selling Party's actual knowledge, current as of that date. J. On or before ten (10) days following commencement of the Purchase Process, the selling Party shall initiate at its cost a Phase I environmental assessment of the Subject Property and shall deliver the same to the buying Party as soon thereafter as is reasonably practicable . The buying Party shall also have the right to inspect the Subject Property. If the condition of the Subject Property as documented by the assessment is unsatisfactory in the buying Party's subjective discretion, the buying Party shall on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property , deliver to the selling Party a written description of any unsatisfactory physical condit ion which the buying Party requires the selling Party to correct (Notice to Correct). If written notice is not received by the selling Party on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property, the physical cond ition of the Subject Property shall be deemed to be satisfactory to the buying Party . If a Notice to Correct is received by the selling Party and if both Parties have not agreed in writing to a settlement thereof on or before ten (10) days following receipt by the selling Party of the buying Party 's Notice to Correct, this Agreement shall terminate unless before such termination the selling Party receives the buying Party 's written withdrawal of Notice to Correct. This paragraph shall not apply to the City Parcel because a Phase I environmental assessment has been performed on these properties and is currently available to all interested parties. K . Other than the environmental assessment required by subsection J above , the buying Party is responsible for payment of all inspection, tests, surveys, engineering reports, or for any other work performed at the buying Party's request and shall pay for any damage which occurs to the Subject Property and inclusions as a result of such activities . The buying Party shall not permit claims or liens of any kind against the Subject Property for inspections, tests, surveys , engineering reports or any other work performed on the Subject Property at the buying Party's request. W ithin the limitations imposed by the Colorado Constitution and Revised Statutes , the buying Party agrees to indemnify, protect and hold the selling Party harmless from and against any liability, damage, cost or expenses incurred by the selling Party to enforce this subsection, including the selling Party 's reasonable attorney fees . The provisions of this subsection shall survive the termination of this Agreement. L. The buying Party's right to object shall include those matters listed in sUbsections C, D, E, G , I and J. If the selling Party receives notice of un -merchantability of title or any other unsatisfactory title condition or commitment terms as provided above, the selling Party shall use reasonable efforts to correct said items and bear any nominal expense to correct the same within ten (10) days of receiving notice thereof. If such unsatisfactory title condition is not corrected to the buying Party's satisfaction or waived by the buying Party within said ten (10) period, this Agreement shall terminate and the buying Party shall have no obligation to purchase the Subject Property nor shall the buying Party be compelled to purchase the same pursuant to Section VI.A. M. All amounts paid by the buying Party at Closing, including cash at Closing, plus the buying Party's share of the closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic funds, certified check , savings and loan tellers check and cashiers check (Good Funds). N. Delivery of the deed for the Subject Property, in the form required by this Agreement, shall be at Closing. Closing shall be fifteen (15) days after the expiration of all notice and cure periods contemplated by this Agreement (the Closing Date), or by mutual agreement at an earlier or later date . The hour and place of Closing shall be designated by mutual agreement. o. Subject to payment of the purchase price at Closing as required herein , and compliance by the buying Party with the other terms and provisions hereof, the selling Party shall execute and deliver a deed to the buying Party, in the form required by this Agreement for the particular parcel. Except as provided herein , title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Closing , whether assessed or not. Title shall be conveyed subject to : 1. Those exceptions described by reference to recorded documents as reflected in the Title Documents accepted by the buying Party in accordance with subsection F. above ; 2 . Distribution utility easements; and 3 . Those specifically described rights of third parties not shown by the public records of which the buying Party has actual knowledge and which were accepted by the buying Party in accordance with subsection G above , those exceptions disclosed by the Survey and which were accepted by the buying Party in accordance with subsection H, and those physical conditions accepted by the buying Party in accordance with subsection J . P. Any encumbrance required to be paid shall be paid by the selling Party at or before Closing . All encumbrances , of whatever kind or nature , created or imposed upon the Subject Property during the period of the selling Party's ownership of the same shall be paid or removed by the selling Party , as appropriate , and compliance with this requirement is a condition to the buying Party 's obligation to close and purchase the Subject Property . I Q . The Parties shall pay in Good Funds , their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein . The Parties shall sign and complete all customary or reasonably required documents at or before Closing . Fees for real estate closing services shall be paid at Closing as one-half by the buying Party and one-half by the selling Party . R. The following shall be prorated to the Closing Date except as otherwise provided : 1. Personal property taxes , if any, and general real estate taxes for the year of Closing , based on the most recent mill levy and most recent assessment. 2 . Any rents due for the month of Closing. Security deposits held by the selling Party shall be credited to the buying Party . 3 . Any charges for utilities provided for the month of Closing . 4. Unless otherwise agreed in writing , these prorations shall be final. S . Possession of the Subject Property shall be delivered to the buying Party on the Closing Date. If the selling Party fails to deliver possession as specified , the selling Party shall be subject to eviction and shall be additionally liable to the selling Party for payment of $1500 per day (or any part of a day) from the Closing Date un t il possess ion is delivered . T. The selling Party represents and agrees that (1) as of the execution hereof, there are no other contract purchasers of the Subject Property or holders of rights of refusal to buy the Subject Property , holding or having such rights by or through the selling Party, and (2) on and after its execution hereof, the selling Party shall not enter into any contract with any other party for purchase of the Subject Property , or granting any option or right of refusal to buy the subject property, from the date of this Agreement continuously until and while the Purchase Process for the Subject Property is in effect or until the option period expires for those parcels described in Articles III and IV of this Agreement. The Parties intend that this Agreement is exclusive with respect to the buying Party's right to purchase the Subject Properties described herein. U. For purposes of this Article V , any item required to be provided to a party shall be delivered to such party at the address designated by Section VI.F . below , and shall be deemed received by the party on either : (a) the date of personal delivery of the item , or (b) the 3rd day after the item is deposited in the United States Mail, first class , postage p re-paid, excluding legal holidays and Sundays . VI. MISCELLANEOUS PROVISIONS A. Breach; Remedies . The failure of either Party to perform any act required under this Agreement, including but not limited to the conveyance of property pursuant to the valid exercise of an option granted hereunder, shall constitute a breach of this Agreement. A non-breaching Party agrees to give written notice of such breach to the other Party, together with notice that the breaching Party may cure the same within ten (10) days of the date of the notice, to prevent further enforcement action by the non - breaching Party . Each Party agrees to act in good faith to remedy any asserted breach within the ten (10) day cure period . In the event that any breach is not remedied after written notice and the expiration of the cure period , the non-breaching Party shall have the right of specific performance against the breaching Party . In no event shall any Party be entitled to claim or recover damages in any form, including actual , punitive , exemplary , consequential or economic , including lost profits. B . Governing Law and Venue . This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court for Jefferson County , Colorado . C . No Waiver. Delays in enforcement or the waiver of anyone or more defaults or breaches of this Agreement by either Party shall not constitute a waiver of any of the other terms or obligation of this Agreement. D. Integration . This Agreement and any attached exhibits constitute the entire Agreement between Owner and the City, superseding all prior oral or written communications . E. Third Parties . There are no third-party beneficiaries to this Agreement. F. Notice . Any notice under this Agreement shall be in writing , and shall be deemed sufficient when directly presented or sent pre -paid , first class United States Mail , addressed as follows: To the City : ATTN : .",..,--,--_________ _ City of Wheat Ridge 7500 W . 29 th Avenue Wheat Ridge , Colorado 80033 To the Owner: John Athanasopoulos 22 Morningside Drive Wheat Ridge, Colorado 80215 G . Binding Effect. This Agreement shall be a covenant running with each of the properties identified herein, shall be recorded in the office of the Jefferson County Clerk and Recorder and shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, heirs, successors and assigns. H. Severability . If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. I. Modification . This Agreement may only be modified upon written agreement of the parties. J . Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. IN WITNESS WHEREOF , the City and the Owne r have executed this instrument the day and year first above appearing . CITY OF WHEAT RIDGE, COLORADO Jerry DiTullio , Mayor ATTEST: Michael Snow, City Clerk OWNER John Athanasopoulos STATE OF COLORADO ) ) ss . County of ______ _ ) The foregoing instrument was acknowledged before me this __ day of _____ , 2010 , by John Athanasopoulos . r Witness my hand and official seal. My Commission expires : ___________ _ Notary Public EXHIBIT A Kipling Parcel LEGAL DESCRIPTION A Parcel of land in the NW Y. of Section 27, T3S, R69W of the 6 th PM , described as : Commencing at the NW corner of Section 27 , T3S , R69W of the 6th PM : Thence S .00 012'38''E. on and along the West line of said se ction a distance of 179 .92 feet ; thence N.89 °39'3S"E. a distance of 40 .00 feet to a point lying on the east Right-of- Way line of Kipling Street, the south Right-of-Way line of W . 38th Ave ., the southwesterly corner of the Parcel of land described at Reception Number 8S033477, as recorded in the official records of the County of Jefferson , State of Colorado , and being the TRUE POINT OF BEGINNING ; Thence on a bearing of N.00012'38''W. on and along the east Right-of-Way line of Kipling Street and parallel to the west line of the NW Y. of Section 27 , a distance of 119 .92 feet to the south Right-of-Way line of W. 38 th Ave .; Thence N .89 °39'3S"E , on and along said south Right-of-Way line and parallel to the north line of the NW Y. of said Section 27, a distance of 10 .00 feet ; Thence N.38 °23'S7"E ., on and along said south Right-of-Way line a distance of 32 .0S feet; Thence N.89°39'3S"E ., on and along said south Right-of-Way line and parallel to the north line of the NW Y. of said Section 27 , a distance of S.OO feet ; Thence S .00 012'38''E., a distance of 144.92 feet ; Thence N.89 °39'3S"E., on and along the southerly property line of said Parcel described at Reception #8S033477 , a distance of 3S .00 feet to the TRUE POINT OF BEGINNING . Said Parcel contains 4 ,S72 square feet or 0 .10S0 acres , more or less. Basis of Bearings: All bearings are relative to one another and are based on the bearing of the west line of the NW y., Section 27, being S.00 012'38''E. The bearings shown hereon are based on the CURRENT CITY DATUM , a ground -based modified form of the NAD83/92 State Plane Coordinate System , Central Zone OS02 . EXHIBIT B CAFE PARCEL LEGAL DESCRIPTION THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27, T3S , R69W , 6TH PM; Thence N89 °39'35"E on and along the North line of said Section 27, a distance of 180 .00 feet; Thence SOo o12'38"E parallel with the West line of said section 27, a distance of 35 .00 feet ; to the South ROW line ofW. 38 th Ave . and the TRUE POINT OF BEGINNING ; Thence continuing SOo o12'38"E and parallel with the West line of said section 27 , a distance of 144 .92 feet Thence S89 °39 '35"W parallel with the North line of said section 27 , a distance of 1 05 .00 feet; Thence NOo o12'38"W parallel with the West line of said section 27 , a distance of 144.92 feet to the South ROW line of W . 38 th Ave .; Thence N89 °39'35"E on and along the South ROW line of W . 38 th Ave . parallel with the North line of said section 27, a distance of 105.00 feet ; to the TRUE POINT OF BEGINNING . Containing 15,216 .56 square feet or 0 .3493 acres, more or less . NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NW 1/4 of said Section 27 being N 89 °39'35" E. Bearings shown hereon are based on the CURRENT CITY OA TUM , a Ground-Based modified form of the NAD83/92 State Plane Coordinate System. EXHIBIT C The City Parcel LEGAL DESCRIPTION THE POINT OF COMMENCEMENT IS THE NW CORNER OF SECTION 27 , T3S , R69W, 6TH PM ; Thence N89°39'35"E on and along the North line of said section 27 , a d istance of 199 .00 feet ; Thence SOo o12'38"E parallel with the West line of said section 27 , a distance of 35.00 feet ; to the South ROW line of W. 38 th Ave . and the TRUE POINT OF BEGINNING; Thence continuing southerly parallel with the West line of said section 27 , a distance of 214 .63 feet Thence S89 °39 '35"W parallel with the North line of said section 27 , a distance of 124 .00 feet; Thence NOo o12'38"W parallel with the West line of said section 27 , a distance of 70.00 feet ; Thence N89 °39'35"E parallel with the North line of said section 27 , a distance of 105.00 feet ; Thence NOo o12 '38 "W parallel with the West line of said section 27 , a distance of 144 .92 feet to the South ROW line of W . 38 th Ave .; Thence S89 °29'38"E on and along the South ROW line of W . 38 th Ave ., a distance of 19.00 feet; to the TRUE POINT OF BEGINNING . Containing 11,430 .78 square feet or 0 .2624 acres , more or less . NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NW 1/4 of said Section 27 being N 89 °39'35" E. Bearings shown hereon are based on the CURRENT CITY DA TUM , a Ground -Based modified form of the NAD83/92 State Plane Coordinate System . EXHIBIT D GENERAL WARRANTY DEED [KIPLING PARCEL] THIS DEED is made this _ day of , 2010, between JOHN ATHANASOPOULOS ("Grantor") and THE CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation ("Grantee"). Collectively, Grantor and Grantee may be referred to as the "Parties." WITNESSETH, that Grantor for and in consideration of Ten Dollars ($10 .00) and other good and valuable consideration, the delivery, receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, the real property, together with improvements, if any, situate in the County of Jefferson, State of Colorado, more particularly described on Exhibit A, attached hereto and fully incorporated herein by this reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the hereditaments and appurtenances. I TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances, unto Grantees, their successors and assigns forever. Grantor, for itself and its successors and assigns , does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of ensealing and delivery of these presents, it is well seized of the Property, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain , sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, a lien but not yet due and payable; easements, restrictions, reservations, covenants, and rights-of-way of record, if any, shown on the title commitment dated , 20_, or on the survey dated , 20_ ' and accepted by Grantee as permitted exceptions; and any lien or encumbrance created by action of Grantee. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular , and the use of any gender shall be applicable to all genders . IN WITNESS WHEREOF , the Grantor has hereto executed this Deed as of the day first above written . GRANTOR: John Athanasopoulos STATE OF COLORADO ) ) ss . County of ______ _ ) The foregoing instrument was acknowledged before me this __ day of _____ , 20_, by John Athanasopoulos . Witness my hand and official seal. My Commission expires : ___________ _ Notary Public EXHIBIT E [INTENTIONALLY OMITTED] EXHIBIT G GENERAL WARRANTY DEED [THE CITY PARCEL] THIS DEED is made this _ day of , 2010 , between THE CITY OF WHEAT RIDGE, COLORADO , a Colorado home rule municipal corporation ("Grantor") and JOHN ATHANASOPOULOS ("Grantee"). Collectively , Grantor and Grantee may be referred to as the "Parties." WITNESSETH , that Grantor for and in consideration of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110,197 .60) and other good and valuable consideration , the delivery, receipt and sufficiency of which are hereby acknowledged, has granted , bargained , sold and conveyed , and by these presents does grant, bargain, sell, convey and confirm, unto Grantee , its successors and assigns forever, the real property, together with improvements, if any, situate in the County of Jefferson , State of Colorado , more particularly described on Exhibit A , attached hereto and fully incorporated herein by this reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging , or in anywise appertaining , and the reversion and reversions , remainder and remainders , rents, issues and profits thereof, and all the estate , right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances, unto Grantees, their successors and assigns forever. Grantor, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns , that at the time of ensealing and delivery of these presents, it is well seized of the Property , has good, sure, perfect, absolute and indefeasible estate of inheritance, in law , in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, a lien but not yet due and payable; easements, restrictions, reservations, covenants, and rights-of-way of record, if any, shown on the title commitment dated , 20_, or on the survey dated , 20_ , and accepted by Grantee as permitted exceptions; and any lien or encumbrance created by action of Grantee; Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns , against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders . IN WITNESS WHEREOF , the Grantor has hereto executed this Deed as of the day first above written . GRANTOR CITY OF WHEAT RIDGE, COLORADO , Mayor ATTEST: ,City Clerk STATE OF COLORADO ) ) ss . County of JEFFERSON ) The foregoing instrument was acknowledged before me this __ day of _____ , 20_, by _________ as Mayor of the City of Wheat Ridge and by __________ ' as City Clerk of the City of Wheat Ridge . Witness my hand and official seal. My Commission expires: ___________ _ Notary Public AGREEMENT CONCERNING THE CONVEYANCE, IMPROVEMENT AND DEVELOPMENT OF PROPERTIES ADJACENT TO W. 38 TH AVENUE AND KIPLING STREET This Agreement concerning the conveyance , improvement and development of properties adjacent to West 38'h Avenue and Kipling Street (the "Agreement") is made and entered into as of the _ day of March, 2010, by and between the City of Wheat Ridge , a Colorado home rule municipal corporation , whose address is 7500 W . 29th Avenue, Wheat Ridge, Colorado 80033 (the "City") and John Athanasopoulos , an individual whose address is 22 Morningside Drive, Wheat Ridge , Colorado 80215 (the "Owner"), collectively hereinafter the Uparties ." WHEREAS , the Owner owns certain real property abutting the east side of Kipling Street, immediately south of the intersection of Kipling Street and W . 38th Avenue , more particularly described on Exhibit A (the "Kipling Parcel "); and WHEREAS, the Owner also owns certain real property adjacent to the Kipling Parcel , more particularly described on Exhibit B, upon which the business known as the Apple Ridge Cafe is located (the "Cafe Property'); and WHEREAS, the City owns a parcel of real property located to the southeast of the Cafe Property , which has been used with the City's consent for Cafe Property parking and trash storage and is more particularly described in Exhibit C (the "City Parcel"); and WHEREAS, the Owner wishes to convey the Kipling Parcel to the City in exchange for certain improvements which the City agrees to make to the City Parcel and the Cafe Property to better the Owner's use of the Cafe Property and the City Parcel for parking , storage , and other uses incidental to the primary use of the Cafe Property ; and WHEREAS, the City desires te sell, and Owner desires to purchase, the City Parcel , which is more particularly described in 'Exhibit C; and WHEREAS , the Parties therefore wish to convey certain interests in their respective properties to each other with those reservations and upon those terms and conditions as more specifically set forth herein . NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged , the Parties agree as follows: I. THE KIPLING PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge . The parties agree to cooperatively pursue such subdivision . Within thirty (30) days of the date a final plat containing the Kipling Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407 .8.6. of the Wheat Ridge Code of Laws , as existing or hereafter amended, the City shall commence the Purchase Process, as defined and further described by Article V of this Agreement. for the Kipling Parcel. If the Kipling Parcel is conveyed to the City , it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit D. ATTACHMENT 2 {D0630100 .1} B . As sale consideration of Owner's conveyance of the Kipling Parcel , the City shall make certain improvements to the City Parcel and the Cafe Property in furtherance of Owner's use of the Cafe Property as a restaurant, such as parking and signage . The City's improvements to the City Parcel shall include the grading and paving of parking surface areas and the relocation of the existing free-standing Apple Ridge Cafe sign, as illustrated on Exhibit F to this Agreement (the "Improvements"). The cost of the Improvements shall not exceed ONE HUNDRED THREE THOUSAND DOLLARS ($103,000 .00). The Parties agree that the City shall have no obligation to commence or complete any of the Improvements if and when the City's cumulative expenditures toward the Improvements total the maximum amount provided above. C. The City 's obligation to construct the Improvements is contingent upon transfer of title to the Kipling Parcel to the City at Closing . The City shall commence construction of the Improvements within 240 business days of a successful Closing . II. THE CITY PARCEL A. The Parties recognize that all parcels proposed to be conveyed pursuant to this Agreement must first be properly subdivided in accordance with the laws of the City of Wheat Ridge. The parties agree to cooperatively pursue such subdivision . Within thirty (30) days of the date a final plat containing the City Parcel is recorded in the office of the Jefferson County Clerk and Recorder, pursuant to Section 26-407 .B .6. of the Wheat Ridge Code of Laws , as existing or hereafter amended , Owner shall commence the Purchase Process, as defined and further described by Article V of this Agreement, for the City Parcel . If the City Parcel is conveyed to the Owner, it shall be conveyed by a deed in substantially the same form as attached hereto as Exhibit G. B. As sole consideration for the estate conveyed by the deed described in Section II.A., Owner shall pay the City the sum of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110,197 .60). Owner's obligation to pay this amount is contingent upon transfer of title to the City Parcel to Owner at Closing . ARTICLES iii AND IV INTENTIONALLY OMITTED V. PURCHASE PROCESS A. This Article shall govern the purchase process for any parcel conveyed pursuant to this Agreement (the "Subject Property"), which process shall be known as the "Purchase Process '· for each such individual parcel. B. The Party responsible for commencing the Purchase Process (the buying Party) shall do so by providing written notice of its intent to commence the Purchase Process to the selling Party as of a date certain, no earlier than the date of such notice . C. On or before ten (10) days following commencement of the Purchase Process , the selling Party shall cause to be furnished to the buying Party, at the selling Party's expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the purchase price of the Subject Property. At the selling Party's expense, the selling Party shall cause the title insurance policy to be issued and delivered to the buying Party as soon as practicable at or after Closing if Closing occurs pursuant to subsection N below . The Title Commitment shall commit to delete or insure over the standard exceptions which relate to : {00630100.1}2 1. Parties in possession not shown by public records . including th e Fonn 100 endorsement for the same ; 2. Unrecorded easements; 3. Survey matters; 4 . Any unrecorded mechanic 's liens ; 5. Gap period (effective date of commilmenllo date deed is recorded); and 6. Unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing . Any additional premium expense to obtain this addit ional coverage shall be paid by the selling Party. D. On or before ten (10) days following commencement of the Purchase Process , the selling Party shall cause the buying Party (and the issuer of the title insurance commitment) to receive a current survey of the Subject Property (the" Survey·). E. On or before ten (10) days follow ing commencement of the Purchase Process , the selling Party, at its own expense, shall furnish to the buying Party : (1) a copy of any plats , declarations , covenants, conditions and restrictions burdening the Subject Property , and (2) copies of any other documents listed in the Title Commitment schedule of exceptions . The Tille Commitment, together with any documents identified in this subsection as well as the Survey . constitute the Title Documents . F. The buying Party shall have the right to inspect the Title Documents . Written notice by the buying Party of un-merchantability of title , form or content of the Title Documents or of any unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of the buying Party and delivered to the selling Party on or before ten (10) days following receipt by the buying Party of the Title Documents or within five (5) days after receipt by the buying Party of any change to the Tille Documents or endorsement to the Tille Commitment (whichever is later), together with a copy of the document adding any new exception to title . If the selling Party does not receive the buying Party's notice by ten (10) days following the buying Party's rece ipt of the last to be received of the ntle Documents, the buying Party accepts the condition of title as disclosed by the nile Documents as satisfactory . G . The selling Party shall deliver to the buying Party, on or before ten (10) days following commencement of the Purchase Process, true copies of any matters not shown by public records and of which the selling Party is in possession , including but not limited to, all leases and surveys pertaining to the Subject Property and shall disclose to the buying Party all easements, liens, or other title matters not shown by public records of which the selling Party is aware . The buying Party shall have the right to inspect the Subject Property to investigate if any third party has any right in the Subject Property not shown by the public records (such as unrecorded easement, unrecorded lease , or boundary line discrepancy). Written notice of objection to any unsatisfactory condition disclosed by the selling Party or revealed by such inspection shall be given to the selling Party on or before ten (10) days following receipt by the buying Party of the selling Party 's disclosure or completion by the buying Party of the inspection contemplated above . If the selling Party does not receive any such notice by sa id date , the buying Party accepts tille subject to such rights , if any, of third parties of which the buy ing Party has actual knowledge . {00630 100.1)3 H . The buying Party shall have the right to inspect the Survey . If written notice by or on behalf of the buying Party of any unsatisfactory condition shown by the Survey, notwithstanding subsection F. above , is received by the selling Party on or before ten (10) days following receipt by the buying Party of the Survey , then such objection shall be deemed an unsatisfactory title condition . If the selling Party does not receive the buying Party 's notice on or before ten (1 O) days following receipt by the buying Party of the Survey , the buying Party accepts the Survey as satisfactory . I. On or before ten (10) days following commencement of the Purchase Process, the selling Party agrees to deliver to the buying Party the most current version of the selling Party's Property Disclosure form completed to the best of the selling Party's actual knowledge , current as of that date . J . On or before ten (10) days following commencement of the Purchase Process, the selling Party shall initiate at its cost a Phase I environmental assessment of the Subject Property and shall deliver the same to the buying Party as soon thereafter as is reasonably practicable . The buying Party shall also have the right to inspect the Subject Property . If the condition of the Subject Property as documented by the assessment is unsatisfactory in the buying Party's subjective discretion, the buying Party shall on or before ten (10) days following receipt by the buying Party of the Phase t environmental assessment of the Subject Property, deliver to the selling Party a written description of any unsatisfactory physical condition which the buying Party requires the selling Party to correct (Notice to Correct). If written notice is not received by the selling Party on or before ten (10) days following receipt by the buying Party of the Phase I environmental assessment of the Subject Property, the physical condition of the Subject Property shall be deemed to be satisfactory to the buying Party . If a Notice to Correct is received by the selling Party and if both Parties have not agreed in writing to a settlement thereof on or before ten (10) days following receipt by the selling Party of the buying Party 's Notice to Correct , this Agreement shall terminate unless before such termination the selling Party receives the buying Party's written withdrawal of Notice to Correct. This paragraph shall not apply to the City Parcel because a ' Phase I environmental assessment has been performed on these properties and is currently available to all interested parties . K. Other than the environmental assessment required by subsection J above , the buying Party is responsible for payment of all inspection, tests, surveys, engineering reports, or for any other work performed at the buying Party's request and shall pay for any damage which occurs to the Subject Property and inclusions as a result of such activities . The buying Party shall not permit claims or liens of any kind against the Subject Property for inspections, tests, surveys, engineering reports or any other work performed on the Subject Property at the buying Party's request. Within the limitations imposed by the Colorado Constitution and Revised Statutes, the buying Party agrees to indemnify , protect and hold the selling Party harmless from and against any liability, damage, cost or expenses incurred by the selling Party to enforce this subsection, including the selling Party's reasonable attorney fees . The provisions of this subsection shall survive the termination of this Agreement. L. The buying Party's right to object shall include those matters listed in subsections C, D, E, G, I and J . If the selling Party receives notice of un-merchantability of title or any other unsatisfactory title condition or commitment terms as provided above , the selling Party shall use reasonable efforts to correct said items and bear any nominal expense to correct the same within ten (10) days of receiving notice thereof. If such unsatisfactory title condition is not corrected to the buying Party's satisfaction or waived by the buying Party within said ten (10) day period, this Agreement shall terminate and the buying Party shall have no obligation to {D0630100 .1j4 purchase the Subject Property nor shall the buying Party be compelled to pu rc has e the same pursuant to Section VIA M . All amounts paid by the buying Party at Closing , includ ing cash at Closing , plus the buying Party's share of the closing costs , shall be in funds which comply w ith all applicable Colorado laws, which include cash , electronic funds , certified check , savings and loan tellers check and cashiers check (Good Funds). N . Delivery of the deed for the Subject Property, in the form required by this Agreement, shall be at Closing . Closing shall be fifteen (15) days after the expiration of all notice and cure periods contemplated by this Agreement (the Closing Date), or by mutual agreement at an earlier or later date . The hour and place of Closing shall be designated by mutual agreement. o . Subject to payment of the purchase price at Closing as required herein , and compliance by the buying Party with the other terms and provisions hereof, the selling Party shall execute and deliver a deed to the buying Party, in the form required by th is Agreement for the particular parcel. Except as provided herein, title shall be conveyed free and clear of all liens , including any governmental liens for special improvements installed as of the date of Closing, whether assessed or not. Title shall be conveyed subject to : 1. Those exceptions described by reference to recorded documents as reflected in the Title Documents accepted by the buying Party in accordance with subsection F. above ; 2. Distribution utility easements ; and 3. Those specifically described rights of third parties not shown by the public records of which the buying Party has actual knowledge and which were accepted by the buying Party in accordance with subsection G above , those exceptions disclosed by the Survey and which were accepted by the buying Party in accordance with subsection H, and those physical conditions accepted by the buying Party in atcordance with subsection J . P . Any encumbrance required to be paid shall be paid by the selling Party at or before Closing . All encumbrances , of whatever kind or nature, created or imposed upon the Subject Property during the period of the selling Party's ownership of the same shall be paid or removed by the selling Party, as appropriate , and compliance with this requirement is a condition to the buying Party's obligation to close and purchase the Subject Property . Q . The Parties shall pay in Good Funds. their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein . The Parties shall sign and complete ali customary or reasonably required documents at or before Closing . Fees for real estate closing services shall be paid at Closing as one-half by the buying Party and one-half by the selling Party . R. The following shall be prorated to the Closing Date except as otherwise provided: 1. Personal property taxes, if any, and general real estate taxes for the year of Closing , based on the most recent mill levy and most recent assessment. 2 . Any rents due for the month of Closing . Security deposits held by the selling Party shall be credited to the buying Party . 3. Any charges for utilities provided for the month of Closing . 4. Unless otherwise agreed in writing , these prorations shall be final. {006301 00.1)5 s . Possession of the Subj ect Property shall be delivered to the buying Party on the Closing Date . If the selling Party fails to deliver possession as specified , the selling Party shall be subject to eviction and shall be additionally liable to the selling Party for payment of $1500 per day (or any part of a day) from the Closing Date until possession is delivered . T. The selling Party represents and agrees that (1) as of the execution hereof, there are no other contract purchasers of the Subject Property or holders of rights of refusal to buy the Subject Property, holding or hav ing such rights by or through the selling Party , and (2) on and after its execution hereof, the selling Party shall not enter into any contract with any other party for purchase of the Subject Property , or granting any option or right of refusal to buy the subject property, from the date of this Agreement continuously until and while the Purchase Process for the Subject Property is in effect or until the option period expires for those parcels described in Articles '" and IV of this Agreement. The Parties intend that this Agreement is exclusive with respect to the buying Party's right to purchase the Subject Properties described herein . U. For purposes of this Article V, any item required to be provided to a party shall be delivered to such party at the address designated by Section VI.F . below , and shall be deemed received by the party on either: (a) the date of personal delivery of the item, or (b) the 3rd day after the item is deposited in the United States Mail, first class, postage pre-paid , excluding legal holidays and Sundays. VI. MISCELLANEOUS PROVISIONS A. Breach; Remedies . The failure of either Party to perform any act required under this Agreement, including but not limited to the conveyance of property pursuant to the valid exercise of an option granted hereunder, shall constitute a breach of this Agreement. A non- breaching Party agrees to give written notice of such breach to the other Party, together with notice that the breaching Party may cu~e the same within ten (10) days of the date of the notice, to prevent further enforcement action by the non-breaching Party . Each Party agrees to act in good faith to remedy any asserted breach within the ten (10) day cure period. In the event that any breach is not remedied after written notice and the expiration of the cure period , the non- breaching Party shall have the right of specific performance against the breaching Party . In no event shall any Party be entitled to claim or recover damages in any form , including actual , punitive, exemplary , consequential or economic, including lost profits . B . Governing Law and Venue . This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court for Jefferson County, Colorado . C . No Waiver. Delays in enforcement or the waiver of anyone or more defaults or breaches of this Agreement by either Party shall not constitute a waiver of any of the other terms or obligation of this Agreement. D . Integration. This Agreement and any attached exhibits constitute the entire Agreement between Owner and the City, superseding all prior oral or written communications . E . Third Parties . There are no third-party beneficiaries to this Agreement. (00630100.1)6 F . Notice . Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail , addressed as follows : To the City : Mr. Tim Paranto City of Wheat Ridge 7500 W . 29 1h Avenue Wheat Ridge, Colorado 80033 To the Owner Mr. John Athanasopoulos 22 Morningside Drive Wheat Ridge, Colorado 80215 G. Binding Effect. This Agreement shall be a covenant running with each of the properties identified herein, shall be recorded in the office of the Jefferson County Clerk and Recorder and shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, heirs, successors and assigns. H. Severability . If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. I. Modification . This Agreement may only be modified upon written agreement of the parties . J . Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. {D0630100 .1)7 EXHIBIT A Kipling Parcel LEGAL DESCRIPTION A Parcel of land in the NW 'f. of Section 27, T3S, R69W of the 6'h PM , described as: Commencing at the NW corner of Scction 27, T3S , R69W of the 6'h PM: Thence S.00012'38"E. on and along the Westline of sa id sec tion a distan ce of 179 .92 fect ; thcnce N .89 °39'35"E. a distance of 40.00 feet to a point lying o n the east Right-oF-Way lin e of Kipling Strect . the sOllth Right-of-Way line of W. 38'h Ave ., the southwe sterly corner of the Parcel of land described at Reception Number 85033477, as recorded in the official records of the Cou nty of Jefferson, State of Colorado, and being the TRUE POINT OF BEGINNING; Thence on a bearing ofN .00oI2'38"W. on and along the east Right-oF-Way line of Kipling Street and parallel to the west line of the NW Y. of Section 27, a distance of 119.92 feet to the so uth Right -o l~Way line ofW. 38" Ave.; Thence N.89°39'35"E, on and along said south Right-of-Way lin e and parallel to the nort h line of the NW y. of sa id Section 27, a distance of 10 .00 feet ; Thence N.38°23'57"E ., on and a long suid south Right-of-Way line a distance of32.05 feet; Thence N.89°39'35"E ., on and along said south Right-of-Way line and parallel to the north line of the NW Y. of said Section 27, a distance 01'5.00 feet; Thence S.Oo o 12'38"E., a distance of 144.92 teet; 'O,ence N.89 °39'35"E., on and along the southerly property line of said Parcel described at Reception #85033477, a distance of35.00 feet to the TRUE POINT OF BEGINNfNG . Said Parcel contains 4,572 square fect or 0!1050 acres, more or less . , Basis of Bearings : All bearings are re lative to one another and are based on the bearing at the west line of the NW 11., Section 27, being S.00012'38"E. The bearings shown hereon are based on the CURRENT CITY DA TUM, a ground-based modified form of the NAD83/92 State Plane Coordinate System. Central Zone 0502 . (00624128.1 }9 EXHIBIT D GENERAL WARRANTY DEED [KIPLING PARCEL] THIS DEED is made this _ day of , 2010, between JOHN A THANASOPOULOS ("Grantor') and THE CITY OF WHEAT RIDGE , COLORADO , a Colorado home rule municipal corporation ("Grantee"). Collectively , Grantor and Grantee may be referred to as the "Parties ." WITNESSETH , that Grantor for and in consideration of Ten Dollars ($10 .00) and other good and valuable consideration , the delivery , receipt and sufficiency of which are hereby acknowledged, has granted, bargained , sold and conveyed , and by these presents does grant , bargain, sell, convey and confirm , unto Grantee , its successors and assigns forever , the real property, together with improvements, if any , situate in the County of Jefferson , State of Colorado , more particularly described on Exhibit A , attached hereto and fully incorporated herein by this reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining , and the reversion and reversions , remainder and remainders, rents, issues and profits thereof, and all the estate , right, title , interest , claim , and demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the hereditaments and appurtenances . TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances, unto Grantees, their successors and assigns forever. Grantor, for itself and its successors and assigns , does covenarnt , grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of ensealing and delivery of these presents, it is well seized of the Property , has good, sure, perfect, absolute and indefeasible estate of inheritance , in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants , bargains, sales , liens, taxes, assessments , encumbrances and restrictions of whatever kind or nature Whatsoever, except for taxes for the current year, a lien but not yet due and payable; easements, restrictions, reservations , covenants, and rights-of-way of record , if any, shown on the title commitment dated , 20_, or on the survey dated , 20_ , and accepted by Grantee as permitted exceptions; and any lien or encumbrance created by action of Grantee. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns , against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders . IN WITNESS WHEREOF, the Grantor has hereto executed this Deed as of the day first above written, {D0624128 .1)12 GRANTOR: John Athanasopoulos STATE OF COLORADO ss . County of ______ _ The foregoing instrument was acknowledged before me this __ day of _____ , 20_, by John Athanasopoulos . Witness my hand and official seal. My Commission expires : ____________ _ Notary Public {D06241 28.1)13 EXHIBIT E [INTENTIONALLY OMITTED] {D0624128.1)14 (00624128.1}15 EXHIBITG GENERAL WARRANTY DEED [THE CITY PARCEL] THIS DEED is made this _ day of , 2009 , between THE CITY OF WHEAT RIDGE , COLORADO , a Colorado home rule municipal corporation ("Grantor") and JOHN ATHANASOPOULOS ("Grantee'). Collectively , Grantor and Grantee may be referred to as the "Parties ." WITNESSETH , that Grantor for and in consideration of ONE HUNDRED TEN THOUSAND ONE HUNDRED NINETY-SEVEN AND 60/100 DOLLARS ($110,197 .60) and other good and valuable consideration , the delivery , receipt and sufficiency of which are hereby acknowledged , has granted, bargained , sold and conveyed , and by these presents does grant, bargain , sell , convey and confirm , unto Grantee, its successors and assigns forever, the real property, together with improvements, if any, situate in the County of Jefferson. State of Colorado, more particularly described on Exhibit A , attached hereto and fully incorporated herein by this reference (the "Property '). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging , or in anywise appertaining , and the reversion and reversions , remainder and remainders , rents, issues and profits thereof, and all the estate , right , tille , interest , claim , and demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the hereditaments and appurtenances . TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances , unto Grantees, their successors and assigns forever. Grantor , for itself and its successors and assigns, does covenant , grant , bargain and agree to and with the Grantee, its successors and assigns, that at the time of ensealing and delivery of these presents, it is well seized of the Property, has good, surEi, perfect , absolute and indefeasible estate of inheritance, in law, in fee simple , and has good right , full power and authority to grant, bargain , sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains , sales , liens , taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, a lien but not yet due and payable ; easements, restrictions , reservations, covenants, and rights-of-way of record , if any, shown on the title commitment dated , 20_, or on the survey dated , 20_ , and accepted by Grantee as permitted exceptions; and any lien or encumbrance created by action of Grantee ; Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns , against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural , and the plural the singular, and the use of any gender shall be applicable to all genders . IN WITNESS WHEREOF, the Grantor has hereto executed this Deed as of the day first above written . (D06 24128.1}16 ATIEST: , City Clerk STATE OF COLORADO County of JEFFERSON ) ) ) GRANTOR CITY OF WHEAT RIDGE, COLORADO , Mayor SS . The foregoing instrument was acknowtedged before me this __ day of .,..,-__ --,-_ 20_, by as Mayor of the City of Wheat Ridge and by __________ as City Clerk of the City of Wheat Ridge . Witness my hand and official seal. My Commission expires: ____________ _ Notary Public (D062412B.l) 17 Council Action Form April 26 ,20 I 0 Page 2 BACKGROUND: The current park sign designs have been in existence for over 30 years. They are in need of updating. It is intended that the new design will be comp limentary to the gateway sign installed at the 1-70 and Kipling interchange. The design will consider vandal-proof and maintenance-free materials. RECOMM ENDA T10NS: Staff recommends award of the design build contract to Gordon Sign. RECOMMENDED MOTION: "] move to approve SOQ-I 0-09 Design Build Parks Signs to Gordon Sign, Denver, CO in the total amount of$25,000 to be charged to Open Space Fund 32, account # 32-601-800-862." Or, "] move to table indefinitely SOQ-I 0-09 Design Build Parks Signs to Gordon Sign, Denver, Colorado, in the total amount of$25,000 for the following reason(s) REPORT PREPARED/ REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet "