City of Littleton - Amazon AWS

City of Littleton

Littleton Center 2255 West Berry Avenue Littleton, CO 80120

Meeting Agenda City Council Tuesday, October 10, 2017

6:30 PM

Community Room

Study Session

1. Study Session Topics a)

Ordinance 30-2017

Ordinance review: Amending the 2017 Littleton Stormwater and Flood Management Utility Budget.

Attachments:

Ordinance No. 30-2017 Ordinance No. 34-2016 Resolution No. 52-2014 Agreement No. 14-05.06 Jackass Gulch Pictures

b)

ID# 17-299

Development & Engineering Code Priorities

c)

ID# 17-300

Lease agreement for Romancing the Bean

Attachments:

2017 Romancing the Bean Lease

10. Adjournment The public is invited to attend all regular meetings or study sessions of the City Council or any City Board or Commission. Please call 303-795-3780 at least forty-eight (48) hours prior to the meeting if you believe you will need special assistance or any reasonable accommodation in order to be in attendance at or participate in any such meeting. For any additional information concerning City meetings, please call the above referenced number.

City of Littleton

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Printed on 10/6/2017

City of Littleton Staff Communication


1a

File #: Ordinance 30-2017, Version: 2 Agenda Date: 10/10/2017 Subject: Ordinance review: Amending the 2017 Littleton Stormwater and Flood Management Utility Budget. Presented By:

Keith Reester, Acting Public Works Director

POLICY QUESTION: Does city council support an amendment to the 2017 budget of the Stormwater and Flood Management Utility Enterprise? BACKGROUND: In 2014, The City of Littleton entered into an agreement (IGA No. 14-05.06) with Urban Drainage and Flood Control District (UDFCD) to design and construct stream stabilization along Jackass Gulch, on the north side of Mineral Avenue from approximately Jackass Hill Road and South Windermere Street [Resolution 52- 2014]. UDFCD is the lead organization and is responsible for contractor selection and project management. Just in the last few weeks, UDFCD has approached the city and requested special consideration for additional funding and reprioritization of jointly funded projects to address what is considered to be a critically sensitive issue. Several properties along West Jamison Street are experiencing severe erosion in their backyards, some of which is threatening the structures themselves. The residents in this area are very concerned about the rate of erosion. In addition, in 2013, construction of habitat improvements of the South Platte River in South Platte Park began, which is downstream of Jackass Gulch. There is concern these river improvements may be jeopardized by relatively high volumes of sediment entering the river from erosion along Jackass Gulch. The independent project on the South Platte River is now complete, but concerns with sediment from Jackass Gulch remain. The City has been contacted regularly by adjacent property owners to determine the status of the Jackass Gulch stabilization project. Escalating construction costs for stream stabilization work, and recent expenditures by the City for urgent repairs at Lee Gulch at Broadway, has led to the need for additional funds in order to meet the previously proposed 2017 funding match with UDFCD for Jackass Gulch. STAFF ANALYSIS: Staff and UDFCD have evaluated various funding scenarios for this project, and negotiated a construction cost with a selected contractor. The original funding contribution from the City of Littleton for 2017 was planned to be $200,000, matched equally by UDFCD. In order to meet the total budget required, UDFCD has also located additional funds for calendar year 2018. The City has likewise included $175,000 in the 2018 budget City of Littleton

Page 1 of 3

Printed on 10/6/2017 powered by Legistar™

File #: Ordinance 30-2017, Version: 2 request for this project. To begin construction this fall and address this urgent erosion that threatens homes, funds are necessary to be in place later this fall, including Littleton’s contribution. UDFCD cannot contribute more than 50% of project costs per year in accordance with the IGA. The total remaining construction and engineering costs for this project is approximately $1.1 million with nearly $200,000 previously spent on design and some preliminary work. The City of Littleton paid $225,000 to UDFCD in 2014 for this project. An additional $200,000 was budgeted in 2017; however, a portion of this appropriation was required to fund emergency repairs at Lee Gulch and Broadway from 2016. This unforeseen expense has resulted in less funding available for the project at Jackass Gulch. In their five-year plan, UDFCD allocated $200,000 for Little’s Creek at Gallup/Peakview in 2017. These funds will be transferred to Jackass Gulch due to its urgency and readiness for construction. FISCAL IMPACTS: Littleton’s contribution will come from the Stormwater and Flood Drainage Utility Enterprise. UDFCD and Littleton contribution amounts and percentages are proposed as follows: UDFCD 2014 City of Littleton 2014

50% 50%

$225,000 $225,000

UDFCD 2017 City of Littleton 2017

50% 50%

$200,000 $200,000

UDFCD 2018 City of Littleton 2018

50% 50%

$175,000 $175,000

Total

100%

$1,200,000

2017 Stormwater Utility funds currently appropriated 2017 additional funds requested

$100,000 $100,000

The estimated project needs are as follows: Design Environmental Invasive Tree Removal and Culvert Site Clean Construction Engineering / Construction Management Contingency Total

$159,500 (spent) $12,600 (spent) $18,869 (spent) $850,000 (in negotiations) $141,920 (in negotiations) $100,000 $1,282,889

Although the funding request is still short $82,889, it is anticipated that negotiations with contractors and consulting engineers will result in cost savings and the final cost will be $1.2 million. The revised estimated ending cash balance of the Stormwater and Flood Management Utility Enterprise for City of Littleton

Page 2 of 3


File #: Ordinance 30-2017, Version: 2 2018 is $167,256. STAFF RECOMMENDATION: Staff recommends approval of an amendment to the Stormwater and Flood Management Utility Enterprise 2017 budget of $100,000.

City of Littleton

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

CITY OF LITTLETON, COLORADO ORDINANCE NO. 30 Series of 2017

INTRODUCED BY COUNCILMEMBERS: AN ORDINANCE OF THE CITY OF LITTLETON, COLORADO, AS THE GOVERNING BODY OF THE CITY OF LITTLETON STORMWATER AND FLOOD MANAGEMENT UTILITY ENTERPRISE, AMENDING THE 2017 BUDGET WHEREAS, the city council established the City of Littleton Stormwater and Flood Management Utility Enterprise (the “Enterprise”) by Ordinance No. 33, Series of 2013; WHEREAS, the city council, as the governing body of the Enterprise, has authority under said ordinance to establish the budget for the Enterprise; WHEREAS, Ordinance No. 34, Series of 2016 established the budgeted expenditures for the City of Littleton Stormwater and Flood Management Utility Enterprise; and WHEREAS, the necessity of receiving and expending additional monies from the Enterprise could not have been reasonably anticipated during the time of adoption of this budget and appropriation of funds in accordance therewith; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLETON, COLORADO, THAT: Section 1: The budgeted expenditures for the City of Littleton Stormwater and Flood Management Utility Enterprise for the period January 1, 2017, to December 31, 2017, are hereby amended to $749,030. Section 2: Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance, including each part, section, subsection, sentence, clause or phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or phrases may be declared invalid. Section 3: Repealer. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby.

Ordinance No. 30 Series of 2017 Page 2 1 2

INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

3

of the City of Littleton on the 17th day of October, 2017, passed on first reading by a vote of

4

___ FOR and ___ AGAINST; and ordered published by posting at Littleton Center, Bemis

5

Library, the Municipal Courthouse and on the City of Littleton Website.

6

PUBLIC HEARING on the Ordinance to take place on the 21st day of November,

7

2017, in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

8

at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

9

PASSED on second and final reading, following public hearing, by a vote of ___

10

FOR and ___ AGAINST on the 21st day of November, 2017 and ordered published by posting at

11

Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

12

ATTEST:

13 14 15 16 17 18 19 20 21

_________________________ Wendy Heffner CITY CLERK APPROVED AS TO FORM: _________________________ Lena McClelland ASSISTANT CITY ATTORNEY

_________________________ Bruce O. Beckman MAYOR

DocuSign Envelope ID: 8055F307-0F79-40B6-84B9-C78E3EF01ADA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40

CITY OF LITTLETON, COLORADO ORDINANCE NO. 34 Series, 2016 INTRODUCED BY COUNCILMEMBERS: CERNANEC & COLE AN ORDINANCE OF THE CITY OF LITTLETON, COLORADO, AS THE GOVERNING BODY OF THE CITY OF LITTLETON STORMWATER AND FLOOD MANAGEMENT UTILITY ENTERPRISE, ADOPTING THE 2017 BUDGET WHEREAS, the city council established the City of Littleton Stormwater and Flood Management Utility Enterprise ( the “ Enterprise”) by Ordinance Number 33, Series of 2013; and WHEREAS, the city council, as the governing board of the Enterprise, has authority under said ordinance to establish the budget for the Enterprise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLETON, COLORADO, THAT:

Section 1: The budgeted expenditures for the City of Littleton Stormwater and Flood Management Utility Enterprise for the period January 1, 2017 to December 31, 2017 shall be $649,030. Section 3: Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance, including each part, section, subsection, sentence, clause or phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or phrases may be declared invalid. Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby. INTRODUCED AS A BILL at a regularly scheduled meeting of the city council

41

of the City of Littleton on the 15th day of November, 2016, passed on first reading by a vote of

42

6 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library,

43

the Municipal Courthouse and on the City of Littleton Website.

44

PUBLIC HEARING on the Ordinance to take place on the 6th day of December,

DocuSign Envelope ID: 8055F307-0F79-40B6-84B9-C78E3EF01ADA

Type text] 45

2016, in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

46

at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

47

PASSED on second and final reading, following public hearing, by a vote of 7 FOR and

6th day of December, 2016 and ordered published by posting at Littleton

48

0 AGAINST on the

49

Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

50

ATTEST:

51 52 53 54 55 56 57 58 59 60 61

Wendy Heffner CITY CLERK APPROVED AS TO FORM:

Kenneth S. Fellman ACTING CITY ATTORNEY

Bruce O. Beckman MAYOR

DocuSign Envelope ID: 934CD918- 4FF3- 443A- 9F73- CBF3EDD80603

CITY OF LITTLETON, COLORADO

RESOLUTION NO. 52

Series of 2014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LITTLETON,

COLORADO,

AUTHORIZING

AN

AGREEMENT REGARDING FINAL DESIGN, RIGHT -OFWAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR JACKASS

GULCH AT LONG AVENUE BETWEEN THE CITY AND THE

URBAN

DRAINAGE

AND

FLOOD

CONTROL

DISTRICT FOR STREAM EROSION PROTECTION

WHEREAS, the city council may, by resolution, enter into contracts with other governmental bodies to furnish or receive governmental services, to make or pay charges for such services and to enter into cooperative or joint activities with other governmental bodies;

WHEREAS, the City of Littleton wishes to mitigate erosion impacts and stabilize the stream from the railroad corridor to the High Line Canal;

WHEREAS, the City of Littleton desires to enter into an Agreement Regarding Final Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for Jackass Gulch at Long Avenue, contributing funds for erosion mitigation and stream stabilization; and

WHEREAS, the City' s share of the costs of the project, as set forth in the Agreement Regarding Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for Jackass Gulch at Long Avenue, shall be a contribution of 50% of the actual project costs, plus indirect costs;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LITTLETON, COLORADO, THAT:

The Agreement Regarding Final Design, Right -of W - ay Acquisition and Construction of Drainage and Flood Control Improvements for Jackass Gulch at Long Avenue, City of Littleton, Agreement No. 14- 05. 06, is hereby approved.

DocuSign Envelope ID: 934CD918- 4FF3- 443A- 9F73- CBF3EDD80603

Resolution No. 52 Series of 2014

Page 2

INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

City Council ofthe City of Littleton on the 1st day ofJuly, 2014, at 6: 30 p.m. at the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado. DocuSigned by:

111i13Cia

rQe

President of City Council ATTEST:

ooeuSlgned by:

I yN'fher

City Clerk APPROVED AS TO FORM:

DeeuSigned by: r

41~' ellman

City Attorney

JACKASS GULCH - BEHIND 2400 W. JAMISON WAY 9/2016

Jackass Gulch Should $100K be added to the 2017 Storm and Floodplain Enterprise Fund to help pay for Jackass Gulch stream stabilization south of West Jamison Way, adjacent to Long Avenue?

• • • •

• • •

History Erosion problem first noted by homeowner in 2006, City met with UDFCD, but project was not initiated Rainstorms in 2013 caused sediment to flow down to South Platte River; raised concerns due to recent river restoration work in South Platte Park IGA with UDFCD initiated in 2014, to begin design Public meeting November 2015, with strong support for the project In 2017, design completed and UDFCD selected ECI to build the project Littleton had $200K allocated in the CIP for 2017 However, Storm Enterprise does not have sufficient funds to cover the full amount (Lee Gulch emergency)

Design

Relationship with UDFCD ● UDFCD receives funding from property taxes/mill levies. ● Each year, updates a 5-year Capital Improvement Plan for all Counties within the District ● Upon request from the local agency, projects are added to the CIP. ● UDFCD determines how much it can fund to each project; local agency must provide matching funds ● UDFCD funds also go to routine maintenance, smaller restoration, repair or maintenance projects, floodplain studies, and master plan updates as requested by the local agency - with little or no local agency funding contributions ● Littleton has routine maintenance performed on the South Platte River, Big Dry Creek, Lee Gulch, LIttles Creek and Slaughterhouse Gulch (mowing, debris removal)

Project Budget 2014 Starting budget: $450,000 ($225K UDFCD/$225K Littleton) Arborforce (invasive tree removal in 2014) - $16,869 Merrick Engineering (design) - $159,500 ERO Resources (environmental) - $12,600 ECI Site Construction (culvert silt clean) - $ 2,000 August 2017 Balance: $259,031 Additional need: Remaining design: -$10,685 Construction -$831,267 Remaining engineering/Construction oversight/home inspections -$122,378 Contingency -$100,000 Balance (need): $805,299

Project Budget Balance (need): $805,299

Proposed funding for remaining: $200,000 UDFCD 2017 contribution $100,000 Littleton 2017 contribution $100,000 Littleton 2017 reallocation after Council approval * $75,000 UDFCD 2018 (CIP budget move from Littles Creek to Jackass Gulch) $100,000-150,000 UDFCD 2018 (additional funds available) $175,000-$225,000 Littleton 2018 contribution ________________________________________________ $750,000 - $ 850,000 (depending on total 2018 contribution)

Total Project Cost = $ 1.2 - 1.3 Million

Schedule • Property owners are anxious for project to begin - erosion moves closer to their homes with each storm • ECI is ready to begin construction in early November, pending sufficient funds in the account to keep them moving without a gap in funding availability. Might have to start in December after 11/21 Council meeting • Channel construction expected to last 3-4 months • Plantings will occur in the spring of 2018 when there are favorable weather conditions

Conclusion • Seeking Council approval to reallocate $100,000 to the Storm and Floodplain Enterprise Fund in 2017 in order to maximize UDFCD’s match (of $200K). Littleton has $100K remaining in the Fund to provide half of the matching funds.

QUESTIONS?



1b

File #: ID# 17-299, Version: 1 Agenda Date: 10/10/2017 Subject: Development & Engineering Code Priorities Presented By:

Keith Reester, Acting Public Works Director and Jocelyn Mills, Community Development Director

BACKGROUND: The council has requested a review and update to the city’s development codes for the past few years. This was highlighted again at the council’s retreat earlier this year. In response to that discussion, Community Development and Public Works, working with the City Attorney’s Office, have identified a series of prioritized code updates and projects that would require Planning Commission and City Council consideration over the next several months. The study session is an opportunity to confirm with council that prioritized list and the schedule for completing the work. This effort is seen by staff to be complimentary to the project council is considering in the pursuit of a community vision, updating the city’s comprehensive plan and eventually updating the city zoning and subdivision regulations. The project to be discussed at this study session is intended to address the more immediate problems seen with the code, but recognizing the visioning project will likely require a larger realignment with the codes in the future. Community Development and Public Works are proposing these more immediate code updates to enhance community and business support and enhance organizational performance. These efforts are targeted at improving the existing development code and regulations, developing transportation design standards, defining stormwater requirements, and establishing Level of Service standards (LOS). In a large segment of these areas the city currently may not have standards, have standards that do not comply with state or federal regulations or counter legal compliance with regulations. The goal of this effort is multifold. First, city standards will seek to be compliant with state and federal regulations; second, standards will be developed in areas that are considered basic performance levels for municipal governance and align Littleton with peer communities in Colorado. The effort will also substantially benefit community members and businesses working with the city by providing consistency in interacting with the city on regulations, provide clear concise decision making for all parties, and providing a platform for enhanced performance by all organizations. City staff will provide an update on these project initiatives including project scope, timelines, and targeted deliverables.

City of Littleton

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Code & Regulatory Update

Community Development & Public Works

Pieces to the Puzzle

Study Session – October 10, 2017

Tonight’s Objectives  

Outline Code update and change activities in support of City Council’s Goals Share current and anticipated projects   





Schedule Constraints and challenges Resource notes

Gauge City Council ideas, concerns and observations Confirm projected timelines for completion City of Littleton, Colorado

2

City Council Priorities Address Design Guidelines (Priority 4)  Corridor Planning for Belleview Ave (Priority 5)  Visioning & Strategic Planning Process (Priority 7)  Key Projects 

Zoning/Subdivision/Land Use Code Updates  Area Plans  Transportation Design Standards 

City of Littleton, Colorado

3

Why Change the Code? Does not reflect community values  The City Code and regulatory framework should support the Community Vision  Hindrance to delivery of effective and efficient services  Inconsistency of Code perpetuates inconsistencies in application  Enhances government transparency 


4

Process & Goals Develop a Code that reflects Littleton community values  Displays practices of modern and efficient government  Provide consistency and predictability for citizens, customers and business  Enhance staff efficiency and productivity 


5

Challenges to Delivery 

Capacity Community Development  Public Works Engineering  City Attorney’s Office - Legal  Public engagement & stakeholder involvement 

Development applications are up 230% in 5 years (less staff than 5 years ago)  Inconsistency and lack of clarity in Code 


6

The “A”s 

Community Development Subdivision Code  Sign Code  PDO & Landscaping/Open Space  Preliminary Project Plan (PPP)  Wireless Telecommunications/Master License Template 



Public Works Transportation Design Standards  Right-of-Way Management 


7

Schedule Item

Consult*

$$

X

$50,000

X

X

$151,000

X

X

$10,000

X

$10,000

Lea d

Timeline

Plan Comm

Council

Public/ Stake

Subdivision Code

CD

Phase 2 Dec 2017 – May 2018

X

X

X

Sign Code

CD

Aug 2017 – March 2018

X

X

X

Design Guidelines

CD

Phase 1 Nov 2017 – February 2018

X

X

X

PPP

CD

Nov 2017 – Feb 2018

X

X

X

Transportation

PW

Phase 2 Oct 2017 – April 2018

X

X

ROW

PW

Sept 2017 – January 2018

X

Telecommunications

Joint

Sept 2017 – January 2018

X

*Cost of consulting or legal services only City of Littleton, Colorado

8

The “B”s Community Development  Roundup

calculation  Denials & resubmittals  B-2 Residential Wording  Trash enclosures  Accessory structures  360 Architecture

Public Works Stormwater & MS4 Multi-modal standards (bicycle & pedestrian) Community resiliency Utility (Sewer)


9

Timeline for Council Target Date

Council Leadership

October 2017 November 2017

City Council Study Session Joint Council/Planning Commission

January – May January – May

Study session items monthly City Attorney/City Council Engagement

February (Projected) May 2018

City Council Retreat Phase B Planning Study Session


10

Commentary


11



1c

File #: ID# 17-300, Version: 1 Agenda Date: 10/10/2017 Subject: Lease agreement for Romancing the Bean Presented By:

Keith Reester, Acting Public Works Director

BACKGROUND: The city owns the historic Train Depot building located at the Downtown RTD Light Rail station. Beginning in 2011, the city entered into a lease with Romancing the Bean to occupy 400 square feet of the structure and operate as a coffee business. The current lease expired earlier in 2017 and staff has been working with the business owners to develop a new lease. The history of this lease arrangement was covered in a study session with City Council in April 2017. The concessionaire operates as a food cart license under Tri-County Health Department regulations. This licensure is necessitated by the lack of restroom facilities on the premises. Staff does not recommend adding public restrooms to this facility for several reasons. The necessity to operate as a food cart limits the available business options and is thus reflected in a lower lease rate than other spaces in downtown. The currently proposed rate of $1.00/square foot is approximately 50% of current rates for fully operating coffee spaces downtown. This item will review the proposed new lease for the space. Items to note from the past versions of the lease: 1. Term: Three years with two 1-year renewal periods.

2. Insurance: Enhanced insurance up from $150,000 and $600,000 per incident to $250,000 and $1,000,000 respectively.

3. Business Transfer: Language has been added to provide a clear process if the business owner seeks to sell the business or transfer ownership.

4. General Provisions: Language in the lease has been cleaned up to align with actually business practices on utilities, maintenance, and other items.

City of Littleton

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AGREEMENT FOR ROMANCING THE BEAN TO OPERATE A CONCESSION AT THE HISTORIC DENVER AND RIO GRANDE TRAIN DEPOT This Agreement, entered into day of October 2017, by and between the City of Littleton, a municipal corporation of the State of Colorado, hereinafter called the "City", and Terry McElhaney and Jeannie Pershin of Romancing the Bean, hereinafter called "Concessionaire", witnessed: WHEREAS, the City is owner of a historic Denver and Rio Grande Train Depot; located at 5790 South Prince Street and WHEREAS, the building is being used as a station for a light rail commuter line; WHEREAS, the Concessionaire is desirous in continuing leasing a portion of said building to operate a concession on such leased premises; NOW THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties mutually agree: 1. The premises: 5790 South Prince Street, Littleton, Colorado 80120 is a City of Littleton historic landmark.

Term of Agreement. The term of this Agreement shall be for a period of one (3) years, commencing on November 1, 2017 and terminating on October 31, 2020, unless sooner terminated as hereinafter provided. Concessionaire shall have the exclusive right to renew for two (2) successive one (1) year terms. Renewal shall be automatic and at the same rate, unless concessionaire gives written notice to the City within sixty (60) days prior to the end of the then current term that it does not intend to renew. 2. Rental. Concessionaire shall pay as rental feet for 400 ft. of space: (a) The basic monthly rental of $400 3. Lease payments shall be paid at the office of the City's Director of Finance in the following manner: (a) All checks shall be made payable to the City of Littleton and any overdue rentals shall bear interest at the rate of one percent (1 %) per month. (b) Failure to pay the rental when due shall constitute a breach of the agreement and shall be grounds for termination of the Agreement by the City.

4. Performance Security. Concessionaire has deposited with the Director of Finance during previous rental periods an amount equal to two months' basic rental as security for the full and faithful performance of this Agreement by Concessionaire. This is held without interest through the term of the lease. (a) These funds may be used by the City for the purpose of remedying any default in the performance of any of the terms of this Agreement. 5. Scope of Concession. Concessionaire shall provide food services and dry goods to the general public without discrimination as to race, color or creed. Sales may include, but are not limited to, coffee, tea, soft drinks, pastries, candies, shaved ice, light lunches, sandwiches, popcorn, peanuts, ice cream products and similar items. The Concessionaire operates as a food cart under the regulations of Tri-County Health and the State of Colorado. (a) At no time shall concessionaire sell or give away any alcoholic beverages, or allow any alcoholic beverages to be consumed on the premises. (b) Concessionaire shall not give permission for any person to live or sleep on the premises, nor shall they permit disorderly persons to remain upon or loiter within the premises. (c) Concessionaire shall not use or permit the premises to be used for any other purpose, or for any unlawful, immoral or indecent activity. Concessionaire shall confine his activities to the area rented by him under the terms of this Agreement. 6. Alteration, Repairs or Improvements. Requests to make any alternations, repairs or improvements shall be in writing. Concessionaire shall not make any alterations, repairs, or improvements to the concession area without obtaining the prior written consent of the Public Works Director and Community Development Department staff responsible for historic preservation. (a)) Any such permitted alterations, repairs or improvements shall be made at the expense of the Concessionaire and shall become the property of the City. (b) Concessionaire shall not post any signs attached to the building without obtaining t he prior written consent of the Public Works Director. 7. Maintenance of Concession Area. Concessionaire shall be responsible for the reasonable and proper care of the Depot building and surrounding area (within ten 10 feet of the building proper). (a) Concessionaire shall repair, or cause to be repaired, any damages to said property caused by its employees, agents, guests or patrons after approval of the repair in consultation with the Public Works Director and the Community Development Department staff responsible for historic preservation. (b) Concessionaire shall keep and maintain the concession areas in a clean and sanitary condition and shall comply with the rules and regulations of the Tri-County Health Department. Concessionaire shall provide adequate garbage and refuse containers. (c) The City of Littleton Building Maintenance Division will be responsible for preventive maintenance and normal maintenance to the building as necessary • Seal, caulk and paint the exterior of the building • Repair, seal and paint the historic signage related to the structure • Maintain the H.V.A.C. system • Repair and replace electrical service to the building 2

•

Replace broken windows and maintain doors and security with locks and distribute keys

8. Utilities will be provided by either the City of Littleton or the Regional Transportation District. The City shall provide all utilities without charge to Concessionaire, for the sole purpose of operating said concession. 9. Taxes and Other Charges. Concessionaire shall contract for and pay for all income taxes, employment taxes or sales taxes, or other charges incurred or assessed against the operation of the concession herein granted. 10. Compliance with Laws. Concessionaire shall observe and comply with all laws, statutes, ordinances, rules and regulations of the United States, the State of Colorado, the County of Arapahoe, the City of Littleton, and the Regional Transportation District, or any department or agency of the above. 11. Equipment. Concessionaire shall furnish and install at his own expense any equipment, materials, furniture, supplies, etc., required by him for the proper operation of the concession. Concessionaire's equipment shall be placed and installed only upon the written approval of the building maintenance supervisor i n t h e Public Works Department. 12. Hours of Operation. Concessionaire may operate said concession from 6:00 a.m. and 6:00 p.m., seven days a week. The Concessionaire may host a small number of private events throughout the year. The Concessionaire may seek to alter hours upon written approval of the Director of Public Works. The City expects the Concessionaire to operate an average of 45 hours per week on a consistent scheduled basis.

13. Destruction of Premises. If during the term of the Agreement the demised premises are destroyed or damaged by acts of God, war or other catastrophe, so that the same is unfit for occupancy or use, the rentals shall abate until such time that said premises shall have been duly repaired and restored by the City; whereupon the Lessee at his option may terminate this lease or continue there under pursuant to the terms and conditions of this Agreement. A prorated portion of any rental prepaid, prior to such destruction or damage as is contemplated by this paragraph, shall be refunded for the period Concessionaire was not allowed the use of the premises. 14. Subletting and Assignments. Concessionaire shall not sublet the whole or any part of the premises, nor assign, hypothecate, or mortgage the lease and concession agreement, or any or all of its rights hereunder without the prior written consent of the City Manager or his designee. If the concessionaire seeks to transfer or sell ownership of the business to another party the concessionaire shall make this notice to the City, through the Public Works Director, no less than 60 days prior to the proposed change in ownership. The City at its sole discretion may require additional vetting of financial information, on site meetings or other due diligence prior to allowing or rejecting the transfer. 15. Indemnity. Concessionaire shall conduct his activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of Concessionaire, his agents, officers, employees, guests, patrons, or any person or persons admitted to said premises while said premises are used by or under the control of Concessionaire. 16. Insurance. Concessionaire shall purchase and maintain the following insurance during the term of the Agreement: (a) Public liability insurance in an amount not less than $250,000 for injury to one person in one accident and $1,000,000 for injury to more than one person in one accident. (b) Property damage insurance in an amount not less than $1,000,000 as evidenced by a Certificate of Insurance.

(c) Fire insurance in an amount equal to the replacement value of the concession building and the improvements thereon, as approved by the City's Division of Risk Management. (d) All insurance required herein shall be secured from an insurance company or companies, which shall have been approved by the City's Division of Risk Management, and shall name the City as an additional assured thereon as evidenced by a Certificate of Insurance (e) All insurance premiums shall be the obligation of, and shall be paid by, the Concessionaire. All insurance policies and evidence of the initial payments made there under shall be delivered to the Public Works Director at the signing of this Agreement, and shall be held by the City for the term of this Agreement. (f) During the term of this Agreement, Concessionaire shall also deposit with the City all evidence of additional premium payments made under said policies. Each insurance policy shall contain a clause whereby the insurance company shall agree to give written notice to the Public Works Director and the Division of Risk Management thirty (30) days prior to any cancellation, modification, amendment, alteration or reduction of coverage amount of said policy. 17. Breach of Contract. In the event of any breach of any of the terms or provisions of this Agreement, the City shall have, in addition to any other recourse, the right to terminate this Agreement, to enter and obtain possession of the entire premises, to remove and exclude any and all persons from the premises, and to remove and exclude all property of Concessionaire there from, all without service of notice or resort to legal process and without any legal liability on its part. 18. Inspection by the City. The City and a representative of the City's Property and Liability insurance carrier shall have the right to make inspections at any reasonable time to insure compliance with the agreement and compliance with the insurance carriers' loss prevention standard 19. Surrender of Premises upon Termination. Upon the termination of this Agreement, Concessionaire shall peaceably surrender and deliver up possession to the City of the demised premises, including all improvements or additions on them, in good order and condition, reasonable wear and tear excepted. At the termination of this lease for any reason, the concessionaire would have the right to remove all fixtures, furniture, signs, equipment and other property pertaining to the direct operations of the concession which are not permanently ( i.e. using bolts, screws or otherwise physically connected) attached to the building structure (i.e. including but not limited to sinks, cabinetry, table, etc.) Executed this ____ day of CITY OF LITTLETON

By

APPROVED AS TO FORM

, 2017. CITY OF LITTLETON CONCESSIONAIRE