[Board] Draft IGA (9-10-14) (2).docx

[Keith Bierman]

Since the HOA has already entered into an agreement with the City regarding
the signs, I don't see how we could/should word this differently to reflect
that they can assign to us (and that we can accept such assignment. I also
don't see how anything other than claiming ownership of the signs can save
the HOA from being considered the owner of the signage at this time).
Indeed why would the HOA have entered into an easement agreement with the
CIty  ... and how *could* they  ... if they aren't the owners?

In any event, that the HOA is (or isn't) covered under various aspects of
 CCIOA isn't really within our remit is it?

On Wed, Sep 10, 2014 at 1:09 PM, Geoff <nomadreg at gmail.com> wrote:

> The sign language reads as if the HOA owns the signs.  I think it should
> reference the right of way assignments and the Districts ability to enter
> into easements and right of way agreements between the City and the
> property owners who have the signs  (they currently Own the signs).
>
> We have to be careful of exposing the HOA to common interest act status if
> they are classified as owning property and ensure the sign issue
>  represented accurately, in my opinion.
>
> Geoff Landry, CPM, RPA
> Regional Manager
> Lillibridge Healthcare Services, Inc.
> 3555 Lutheran Parkway, Suite 170
> Wheat Ridge, CO 80033
> geoff.landry at lillibridge.com
>
> 303 422 9500 direct
> 303 902 5315 cell
> Lillibridge.com
>
>
>
>
>
>
> On Sep 10, 2014, at 12:06 PM, Marcus McAskin <mmcaskin at wmcattorneys.com>
> wrote:
>
>  All:
>
>
>
> As discussed at the last Board meeting, attempts to find the District’s
> original statement of purpose of service plan have, to date, been
> unsuccessful.
>
>
>
> Rather than creating a new “service plan” for the District at this point,
> counsel is recommending a short intergovernmental agreement with the City.
> The IGA outlines the authorized functions of the District and limits the
> powers of the District to the following:
>
>
>
> 1.       Sanitary sewer (but *not* including storm sewers)
>
> 2.       O&M related to neighborhood entryway signage
>
> 3.       Related administrative, financial and operational functions of
> the District.
>
>
>
> Attached is the current draft of the IGA, as received from Rick Kron at
> Spencer Fane.
>
>
>
> Would appreciate your review & comments on the attached document.  Darcy –
> please add the attached as an agenda item for our next meeting.
>
>
>
> Regards,
>
>
>
> Marcus
>
>
>
>
>
> <Draft IGA (9-10-14) (2).docx>
>
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