Resolution 2004-98

2004-98

A RESOLUTION

FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAKEWOOD AND UNITED STATES GENERAL SERVICES ADMINISTRATION, AND A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAKEWOOD AND CENTURA HEALTH CORPORATION

WHEREAS, representatives of the City of Lakewood, ("City") and representatives of the United States General Services Administration ("GSA") have, for many years, explored the feasibility of developing portions of the Denver Federal Center ("DFC") and the provision of services by both parties; and

WHEREAS, the City and GSA wish to further establish a more formal plan of development of the DFC, commencing with procedures set forth in a Memorandum of Understanding ("GSA MOU"); and

WHEREAS, the parties have negotiated a GSA MOU that is acceptable to both parties and the City Council hereby desires to declare its support of the GSA MOU and the annexation and development contemplated therein; and

WHEREAS, the City Council recognizes this GSA MOU is the first step in a complex process and, therefore, authorizes and empowers the City Manager to take all steps necessary to negotiate and sign all agreements, letters and documents on behalf of the City without further City Council approval; provided however, such agreements, letters and documents obligating the City for specific financial obligations shall be submitted and approved by the City Council; and

WHEREAS, Centura Health Corporation ("Centura") and the City have negotiated a Memorandum of Understanding ("Centura MOU") for the development of a portion of the property owned by GSA. The Centura MOU is dependent upon the implementation of the MOU between the City and GSA; and

WHEREAS, the City Council also recognizes the Centura MOU is a first step in a complex process and, therefore, authorizes and empowers the City Manager to take all steps necessary to negotiate and sign all agreements, letters and documents on behalf of the City without further City Council approval; provided however, such agreements, letters and documents obligating the City for specific financial obligations shall be submitted and approved by the City Council; and

WHEREAS, the GSA MOU and the Centura MOU are not legally binding and enforceable agreements, except as to the agreement of the City to negotiate exclusively with Centura for the period specified in the Centura MOU, but are statements of the currently proposed actions to be taken by the parties.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lakewood, Colorado that:

SECTION 1. The City Council hereby finds the GSA MOU between the City and GSA to be in the best interests of the public health, welfare and safety of the City and hereby approves said GSA MOU and authorizes the City Manager to sign said GSA MOU.

SECTION 2. The City Council hereby finds the Centura MOU between the City and Centura to be in the best interests of the public health, welfare and safety of the City and hereby approves said Centura MOU and authorizes the City Manager to sign said Centura MOU.

SECTION 3. In order to facilitate the orderly progression of this complex project, the City Council hereby authorizes and approves the City Manager to take any and all steps necessary to implement the GSA MOU and the Centura MOU, including the execution of any and all agreements, letters and documents of any nature whatsoever, pertaining to the DFC, save and except for agreements, letters and documents that provide for specific financial obligations of the City. This broad discretionary authority is granted until specifically revoked by the City Council by a duly enacted Resolution.

INTRODUCED, READ AND ADOPTED by vote of 11 for and 0 against at a regular meeting of the City Council on December 13, 2004, at 7:00 o'clock p.m., at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk