File #: ID-314-18    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 9/14/2018 In control: City Council
On agenda: 9/18/2018 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A PURCHASE AND SALE AGREEMENT (“PSA”) BETWEEN THE CITY AND SW RINGSBY EAST LLC AND SW PEORIA LLC (“SELLER”), FOR THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED IN BRIGHTON, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PSA, AND AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEES TO CARRY OUT AND CLOSE THE TRANSACTION FOR THE CITY
Attachments: 1. Reso Approving PSA Final Ringsby 091418, 2. SWDP CoB PSA (Final clean).docx, 3. Ringsby Parcel Map
Department City Manager's Office
Reference: A Resolution approving the Purchase and Sales Agreement for the purchase of approximately 15.54 acres, more or less, of real property, located at the Northwest corner of Main Street and Denver Street, Brighton, Colorado, Adams County Assessor Schedule Number 0156906200025

To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip Rodriguez, City Manager
Jack Bajorek, City Attorney
Prepared By: Christopher Ernst, Special Counsel
Date: September 14, 2018
Purpose. A Resolution of the City Council, approving a Purchase and Sale Agreement (PSA) between the City and SW Ringsby East LLC and SW Peoria LLC ("SWDP"), for the Purchase and Sale of certain commercial real property comprising approximately 15.54 acres ("Property") for $1,600,000, and authorizing the City Manager to execute the PSA for the City.
Strategic Focus Area. Fiscally Responsible
SWDP Property. The Property is 15.54 acres, generally located near the intersection of North Main and Denver Streets in Downtown Brighton. The County Assessor's map is attached for reference. The Property is currently zoned PUD with a full menu of commercial and industrial uses (including C-1, C-2, C-3, C-O, I-1, and others). The PUD was approved in 2013, in order to incentivize the development of nearby Tractor Supply.
Background. In 1964, the City entered an Agreement with SWDP's predecessor, The Great Western Sugar Company. The 1964 Agreement allowed the City to locate a sanitary sewer pipeline across this Property, and there is an existing 24-inch sewer main running diagonally between North Main Street and Madison Street. Unfortunately, the terms of the 1964 Agreement are not clear and not drafted favorably to the City. SWDP and the City have disputed the exact terms and requirements of the 1964 Agreement. After impasse, SWDP applied to the Adams County District Court to obtain the Court's interpretation of the Agreement. The Court reviewed the Agreemen...

Click here for full text