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File #: ID-93-26    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 3/4/2026 In control: City Council
On agenda: 3/17/2026 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF BRIGHTON AND BRANNAN SAND AND GRAVEL COMPANY, LLC FOR THE PLANT 3 SITE AND A PORTION OF PHASE 18 OF KEN MITCHELL LAKES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FIRST AMENDMENT
Attachments: 1. RESO-26 Brannan Ken Mitchell 1st Am. to Lease, 2. First Amendment to Lease Agreement (COB 3.3.26), 3. Brannan Lease of Ken Mitchell - CC Presentation_Final
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Department of Utilities

Reference:                     Brannan Lease of Ken Mitchell

 

To:                                                               Mayor Gregory Mills and Members of City Council

Through:                                          Michael P. Martinez, City Manager

Prepared By:                     Scott Olsen, Director of Utilities

Date Prepared:                     March 4, 2026

PURPOSE
Requesting City Council’s approval of a resolution authorizing the City Manager to execute the First Amendment to a Lease Agreement between the City and Brannan Sand and Gravel Company, LLC.

 

BACKGROUND

The City purchased the portions of property subject to the lease agreement in 2020 from a subsidiary of Brannan. Compensation for the property was in the form of a lease for a seven year period. The purchase price divided by seven years equates to a monthly rent of approximately $19,000 per month.

 

Brannan performs ready mixed concrete activities, salt squeegee activities and subleases a portion of the property to a precast concrete company. Brannan wishes to continue such operations at the property. The City of Brighton has future plans for the property as a surface water treatment plant to support continued growth in the City. Design for said plant wouldn’t likely begin until 2045, with construction starting several years after that. To put the property to beneficial use and generate revenue for the City, Brannan and Brighton have negotiated a lease amendment that is mutually beneficial.

 

The First Amendment to the Lease Agreement provides for a six year initial term, with three optional extensions of three years each. From the date of execution of the First Amendment until August 17, 2026 (expiration of original lease term), rent will be $14,734/month. This reduced rent is to ensure the compensation for the original property purchase. Beginning August 17, 2027, rent will be $34,000/month or more than $400,000 in annual revenue for the City. Rent will also increase by 2.5% for each successive renewal term, if exercised.

 

All other terms of the original lease remain in force, including the requirement for Brannan to remove all private property from the site prior to the end of the lease.

 

FINANCIAL IMPACT

The mutually beneficial lease of this property will create revenue for the General Fund in excess of $400,000 annually.

 

STAFF RECOMMENDATION

City staff recommend approval of the resolution as drafted, authorizing the City Manager to execute the First Amendment to the Lease Agreement.

 

OPTIONS FOR COUNCIL CONSIDERATION

                     Approve resolution as drafted

                     Approve a modified resolution

                     Deny resolution

                     Provide further direction to staff

 

ATTACHMENTS

                     Resolution

                     First Amendment to Lease Agreement

                     PowerPoint presentation