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HomeMy WebLinkAboutStudy Session Packet 06-04-12STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 4, 2012 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA 1. Elected Officials' Reports(s) 2. Staff Reports(s) a. 381h Avenue Corridor Rezoning b. HOME Federal Grant Funding Consortium IGA c. Camping in Greenbelt and Parks ~ Martensen Elementary School Acquisition 4 . 38 1h Avenue Corridor Plan Implementation Update 5. Amendment to Wheat Ridge Code Regarding Group Homes ~ ~ j 4' -~ .,. C ity of • _.fCI:Whe at&_dge ~OMMUNllY DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: INTRODUCTION Memorandum Mayor and City Council rJ Patrick Goff, City Manager.W Kenneth Johnstone, Community Development Director Sarah Showalter, Planner 11 May 25, 2012 (For June 4 Study Session) 38th A venue Corridor Rezoning The 38th A venue Corridor Plan, adopted by City Council in October 2011, calls for several key implementation steps to promote the revitalization of 38th between Sheridan and Wadsworth. One important step recommended for 2012 is to rezone the corridor to mixed-use zoning. 38th Avenue currently has an assortment ofzoning including Commercial-One (the most common zone district on the corridor), Restricted-Commercial, and Residential-Three. These zone districts contain outdated development standards and restrict the type of mixed use development that is envisioned for the street in the adopted Corridor Plan. When the City adopted new mixed use zone districts in 2010, the Mixed Use-Neighborhood (MU-N) district was developed with 38th Avenue in mind . In 2010, staffheld a mixed use zoning forum for property owners on and near 38th Avenue to get input on the new zoning standards. At that time, several property owners expressed interest in a City-initiated rezoning to MU-N but staff and City Council agreed to wait to pursue any rezoning of the corridor until the Corridor Plan was complete. At a study session in January 20 12, City Council directed staff to start the process of a City- initiated rezoning on 38th A venue, following the process that was used for the legislati v e rezoning of the Wadsworth corridor in 2011. The first step in the frocess is outreach to property and business owners. The purpose ofthe study session on June 4t 1 is to share the results ofthis outreach and ask for approval on next steps of the process. This memo is outlined as follows: 1. Proposed Rezoning Area 2. Feedback Results 3. Next Steps and Policy Direction Proposed Rezoning Area The property and business owners contacted and envisioned to be part of the rezoning area were detennined based on a variety of factors. Staff used the following criteria to establish the 38th Avenue Corridor Rezoning June 4, 2012 Page 2 rezoning boundary: Property has frontage on 38th A venue Property does not front on 38th Avenue, but is in the 38th Avenue Urban Renewal Area Property does not front on 38th Avenue, but currently has commercial zoning and touches a property that does front 38th A venue Do not create split-zoning for the same property Include commercially-zoned residential properties that are adjacent to rezoning area and will become confonning under the MU-N zoning The proposed rezoning area is shown in attachments 1 and 2. It includes 164 properties. Feedback Results Proper(r and Business Owner Meeting: April 1 I. 2012 The 164 property owners, as well as 182 businesses with active business licenses in the area. were notified by mail of an infonnational meeting regarding the potential rezoning. The meeting was held on April 11 and approximately nine people attended. City staff gave a presentation about the proposed zoning and the process for a City-initiated rezoning. There were several questions from the meeting attendees about how the proposed zoning would impact their property, especially for car repair and car sales businesses in attendance. Feedback Form On April 10, staff mailed a feedback form to all 164 property owners and 182 business owners and asked for a response within 30 days. The fonn included a map of the proposed rezoning area and information on why the City is considering a rezoning. The results of the feedback fonn are summarized in the table below and on the attached map. Property Owners Business Owners Total mailed 164 Total mailed 182 Total received 33 Total received 15 Percent received 20% Percent received 8% %of %of Responses Number received Responses Number received Yes 24 73% Yes 13 87% No 6 18% No 0 0% Maybe 3 9% Maybe 2 13% Next Steps and Policy Direction Staff has contacted all of the property owners who responded "no" or "maybe" in hopes of scheduling individual meetings. This will provide the opportunity to answer questions and make sure that they have the correct information. After this final round of meetings, staff proposes to amend the rezoning map to exclude any property owners who still do not wish to be included. If City Council agrees with this approach, the following process (with tentative timeline) would apply: 2 38111 Avenue Corridor Rezoning June 4, 2012 Page 3 Early to mid-June: outreach by staff to those who expressed reservations July: City Council would consider a resolution to adopt rezoning map and officially begin the process. This would entail a new map, if needed, to remove those who do not want to be included August: Neighborhood meeting. The code requires that anyone who owns property within 600 feet of the rezoning area be invited to a neighborhood meeting. Fall: Planning Commission and City Council public hearings Staff would like input from Council on notification of property owners as the formal rezoning process proceeds. The code does not require the City to notify impacted property owners of public hearings for a City-initiated rezoning (notifications in the Transcript must be provided). During the Wadsworth City-initiated rezoning, Council requested that staff notify all property owners in writing once the public hearing dates for Planning Commission and City Council were set. Staff would propose to use the same process for 3 81h A venue if Council agrees. ATTACHMENTS: I. Existing zoning map with proposed rezoning boundary 2. Proposed rezoning area with feedback response 3. Sample feedback fonn 3 ~ R-1 en i l!l '"" 0 6 i w u. MU~ R·1A R-3 t; ~ :X: 39TH AVE Cl R-3 3ITHAVE '"" rn z t; ~ w '"" u.. rn ~ rn w ~ < 38th Avenue Existing Zoning Attachment 1 ~,.~ii __ _. Proposed Rezoning er Responses ._,_..,........,,....,. Maybe No May 17,2012 Attachment 2 ~~~., .. r City of --~WlieatB4_dge ~OMMUNilY DEVELOPMENT 38th Avenue Corridor: Potential CHy-lnltlated Rezoning Property and Business Owner Feedback Form The City of Wheat Ridge is contemplating a legislative rezoning of properties on W. 38th Avenue (see reverse for map) to the Mixed Use-Neighborhood (MU-N) zone district. The new zoning is anticipated to bring many benefits including more flex ible development standards and a wider range of allowable uses, which is intended to encourage new investment on the corridor. The proposed zoning would not prevent any existing business or use from remaining in place. Information about MU-N zoning and the rezoning process was p resented at a meeting on April 11th. If you were not able to attend this meeting or if you have questions about the proposed zoning, please cont act Sara h Showalter, Planner II, at 303-235-2849 or sshowa lter@ci.wheatridqe .co. us As a property or business owner in the area being considered for rezoning, the City values your feedback. Please complete the form and return it by May 11, 201 2. Please Check: D Property Owner D Business Owner Address of Property or Business:--------------------- Name: _____________________________ ___ Phone Number: _________ Email:---------------- D ( 1) I support a City-initiated rezoning of my property /business to MU-N D (2) I do not support a City-initiated rezoning of my property to MU-N Note: checking this box does not ensure that your property will not be included in a future City-initiated rezoning, but your desire to not be included in the rezoning will be shared with City Council D (3) I am undecided Please provide reasons for your select ion, especially if it is number 2 or 3: Return by May 11th v ia e mail or mall to: Sarah Showalter Community Development Department 7500 W. 29th Ave, 2nd Floor Wheat Ridge, CO 80033 sshowalter@ci.wheatridge.co.us Want More Information on Mixed Use Neighborhood Zoning or the 38th Ave Corridor Plan? Go to the City's website: www.ci.wheatridqe.co.us/38thAve Attachment 3 ~··.,. ... r City of • --~Wlieat~e ~OMMUNITY DEVELOPMENT 38th Avenue -Proposed Area for Rezoning to Mixed Use-Neighborhood (MU-N) Aprl2, 2012 --[to }[_ _l (_1 .. City of ~Wheat P,49ge ~OMMUNilY DEVELOPMENT Memorandum TO: Mayor and City Council Patrick Goff, City Manager_m THROUGH: Kenneth Johnstone, Community Development Director FROM: Sally Payne, Senior Planner DATE: May 21, 2012 (for June 4 City Council study session) SUBJECT: CDBG HOME Consortium The federal government makes funds available to local governments for assistance with affordable housing through a program entitled HOME. HOME funds are to be used to assist low to moderate income persons with housing needs. The funds can be used for new construction, rehabilitation, acquisition ofhousing, assistance to homebuyers and tenant based rental assistance. These funds are distributed to cities with a population of at least 50,000 and to urban counties with a population of at least 200,000. The amount of funding received is dependent on the percentage oflow to moderate income people in the community per regulations of the Department of Housing and Urban Development (HUD). Jefferson County and the City of Lakewood both receive HOME funds based on their respective populations. Each entity has received their own separate allocations for expenditure on qualified projects within the boundaries of the City of Lakewood or within the boundaries of the Jefferson Urban County. The Jefferson Urban County includes the cities of Wheat Ridge, Golden, Edgewater, the towns of Lakeside and Mountain View and the incorporated portions of the County. The City of Wheat Ridge participates as part of the Urban County through an Intergovernmental Agreement (IGA) with Jefferson County which makes the City eligible to receive HOME as well as Community Development Block Grant (CDBG) funds. Jefferson County and the City of Lakewood desire to create a HOME Consortium to pool their HOME funds. Combining the funds potentially makes more money available for projects in the Urban County. The approximate amount of pooled funds that would be available in 2013 is $700,000 to $800,000. Lakewood would first be given the opportunity to identify a project within their City limits using their share of the combined amount. If within a certain period of time they are unable to identify an eligible project. Lakewood's portion of the funding would be available for use in the Urban County. This essentially doubles the amount of HOME funds available for projects in the Urban County since the County currently receives approximately $300,000 and the City of Lakewood receives about $400,000. CDBG HOME Consortium June 4, 2012 Page 2 The HOME Consortium would initially be in place for the grant years of2013 through 2015. The Consortium would be automatically renewed for participation for successive three year periods unless a party provides notice that they no longer wish to participate in a new qualification period. Jefferson County would be responsible for the administration and financial reporting of the funds and will retain 10% to cover administrative costs. The annual identification of HOME projects for the Urban County will continue as has been practiced with County staff soliciting proposals from partners throughout the County and presenting eligible projects to the community Development Advisory Board (CDAB) for review and approval. The CDBG funds currently received by Jefferson County will continue to be limited for use in the cities of Wheat Ridge, Edgewater and Golden, the towns of Mountain View and Lakeside and unincorporated Jefferson County. The City Lakewood would not have access to the CDBG funds Jefferson County currently receives. In order to form the HOME Consortium, HUD is requiring the execution of an lGA between Jefferson County and Wheat Ridge since Wheat Ridge is a part of the Urban County. The IGA must be signed by the Mayor with a resolution passed giving the Mayor authority to sign the IGA. A copy of the IGA and a memo from Jefferson County Community Development staff explaining the Consortium is attached. At the June 41h City Council study session, staff would like direction from Council to bring the IGA and resolution forward for action at the June 25th City Council meeting. If you have any questions prior to the study session, contact Sally Payne at 303-235-2852 or spayne@ ci.wheatridge.co.us. Attachments: I. Jefferson County Staff Memo from Kat Douglas, Community Development Director 2. Intergovernmental Joint Cooperation Agreement and HOME Consortium A!:,'Teement between Jefferson County and City of Wheat Ridge Relating to the Conduct of HOME Investment Partnership Program for Grant Year 20 I 3 Through 2015. Board of County Commlasloners Faye Griffin District No. 1 JohnOdom District No. 2 Donald Roaler District No. 3 MEMORANDUM TO: City Partners FROM: Kat Douglas, Jefferson County Community Development Director RE: Jefferson County HOME Consortium DATE: May 21,2012 ~ Jefferson County Community Development has been presented with the opportunity to form a HOME Consortium with the City of Lakewood. This opportunity will enable Jefferson County to almost double the amount of U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnership Program (HOME) funds received annually allowing us to serve and meet the housing needs of the County's low-and-moderate income residents. The following information will provide an overview of the formation of the HOME Consortium with the intention of garnering your support to execute an Intergovernmental Joint Cooperation Agreement . Currently, Jefferson County and the City of Lakewood (as HUD entitlement communities) receive separate HOME allocations. The Consortium would allow these two entities to pool these HOME funds resulting In nearly double the amount of HOME funds for use in the County. This presents an incredible opportunity for the County to maximize its resources to facilitate the creation and retention of affordable housing for low-income households in Jefferson County. As a participant In the urban county, your community and residents would be eligible to benefit from these funds. The following provides a brief overview of how the HOME Consortium will function. • The HOME funds normally received separately by Jefferson County and the City of Lakewood will be combined Into one amount. In 2013, we approximate this amount to be between 700,()()().$800,000. • Jefferson County will serve as the lead entity overseeing the administrative and financial requirements of these funds. Jefferson County will retain 10% of the HOME funds allowable to cover administrative costs. • The administration of these funds will replicate Jefferson County's current practices . • Once received from HUD, HOME funds will be divided proportionally to serve the urban County and the City of Lakewood . • Given that Lakewood Is contributing their allocation of HOME funds to the Consortium they will have the ability to determine where their portion of the funds is spent within the City of Lakewood. If Lakewood is unable to Identify an eligible use of funds In any given year, Lakewood's portion of funds would be made available for use In the urban county. 100 JeHerson County Parkway, Golden, Colorado 80419 (303) 27N61 t hllp;taelfco.us Attachment 1 Board of County Commlaalonera • The annual identification of HOME projects will continue as currently practiced with staff soliciting project proposals from partners throughout the County and presenting eligible projects to the Community Development Advisory Board (CDAB) for review and approval. Faye Griffin District No. 1 JohnOdom Dlstrlcl No. 2 Donald Roaler District No. 3 • As an entitlement community, the City of lakewood will continue to receive its own, separate CDBG allocation from HUD. The CDBG funds received by Jefferson County will continue to be limited for use in the cities of Edgewater, Wheat Ridge, and Golden, the towns of Mountain View and lakeside, and unincorporated Jefferson County or on activities that benefit residents residing in these jurisdictions. In order to form a HOME Consortium, as a member of the Urban County, HUD requires the execution of an Intergovernmental Joint Cooperation Asreement. Furthermore, an authorizing resolution must be passed by the governing body authorizing the Chief Executive Officer or designated official to sign the Agreement. In order to meet HUD's required deadlines these two documents must be executed and submitted to Jefferson County Community Development by June 27. We are very excited about this opportunity allowing us to leverage additional resources in the County furthering our abilities to create impactful housing projects serving the residents of Jefferson County. Thank you for your continued partnership and support. 1 00 Jefferson County Parkway, Golden, Colorado 80419 (303) 279-8511 bttoiDeffco.IJS 1:\TERGO\'ERX\JE:\TAL JOIYf COOPER.\. TIO:\ AGREE:\fE:\T A:\D H0:\1E CO~SORTit::\1 AGREEME~T BETWEEN JEI'FERSO:\ COI.J\T\', COLORADO A:\D CITY OF WHEAT RIDGE, COLORADO RELATI:\G TO TI1E CONDlTT OF HOME INVEST:\fE:\T PARTNERSIIIPS PROGRA:\1 FOR GRAYI' YEARS 2013 TIIROI.GH 2015 TillS AGREEMENT is entered into and shall be effective as of June I, 2013, by and between Jefferson County, Colorado (the "County"), a body corporate and politic of the State of Colorado. and the City of Wheat Ridge (the "City"), a municipal corporation of the State of Colorado located in Jefferson County. RECITALS A. In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq.) ("HCDA"), permitting and providing for the participation of the l·nitcd States government in a wide range of local housing and community development activities and programs under Title l of HCDA which activities and programs arc administered by the U.S. Department of Housing and Urban Development ("ll UD''); and the llomc Investment Partnt:rships Program ("HOME") was enacted under Title II ( 42 U.S.C. 1270 I -12839) of the Cranston-GoOLalcz National Affordable Housing Act ("NAHA") which activities and programs arc administered by I IUD; B. The primary objective of Title l of HCDA is the development of viable urban communities. by providing decent housing and a suitable living environment and expanding economic opportunities. principally for persons oflow and moderate income. and the primary objccti\e of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing for low and moderate income Americans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to IICDA and NAI lA in the form of HOME funds to the state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objectives of the IJOME Program: C. To implement the policies, objectives and other provisions of I lCD A and NAI lA. HUD ha~ issued rules and regulations governing the conduct of Community Development Block Grant (''CDBG") programs. published in 24 Code of Federal Regulations ( CFR). Part 570 (the "Regulations"), which regulations provide that a county may qualify as an "urban county". as defined in Section 570.3 of the regulations. and thereby become eligible to receive entitlement grants from !IUD for the conduct of CDBG and HOME Programs a~ an urban county and also in 24 CFR. Part 92. governing the HOME program . which regulations provide that <ID urban county may form a consortium with a metropolitan city within the county. as outlined in Section 92. I 0 I, and that a metropolitan city that qualities for a separate entitlement grant may be included a~ a part of the urban county and HOME t:onsortium by entering into a cooperation and consortium agreement with tht: urban county in accordance with the requirements of the Regulations: D. The County has hert:tofore qualified under the Regulations a~ an "urban county" and will receive HOME funds from HUD by annual grant agreement. and the City of Wheat Ridge, the City of Golden. the City of Edgewater, the Town of Mountain Vit:w and the Town of Lakeside have entered into an Intergovernmental Cooperation Agreement (the "CDBU Cooperative Agreement") with the County making the cities and towns identified above eligible to participate in the IIOME consortium. The City of Lakewood. as a HliD entitlt:mt:nt community, and a metropolitan city will be included a~ a participant in the JJOME Consortium; Attachment 2 L In 1981. ;md again since then. I !liD amended the Regulations. pursuant to mnendmcnts of II CD A. rc1 ising the qualification period ll1r urban counties h~ providing that the qualifications h~ IIlii) of an urhm1 count~ and or I lOME consortium shall remain c!Tcctive for three succcssi1 e grant ~cars regardless of change~ in its population Juring that period. except for f~1ilurc of ;m urhm1 count~ to rccci1c a grant Juring an~ year of that period. and also pnniding that Juring the three ~car period of qualitkation. no included city or other unit of gcnt:rallocal go1crnmcnt may 11ithdra11 or he rcmo1cd from the urban county or !lOME consortium for llliD·~ gnmt computation purpo,cs. m1J no city or other unit of general local government covering an additional area may he added to the urban county Juring that three-year period except in the ca~c where a city or other unit loscs its designation as a metropolitan city: however. the !lOME consortium may add member~ Juring the three year qualification period at the discretion of the lead entity through the execution of a consortium agreement: F. In 2012. the County is submitting to Ill"[) the required documentation to quali(1 as <murhan county. including the Consolidated Plm1 and th.: One Year Action Plan. pursumllto Section 570 . .:107 of the regulations. so as to hceomc cligihk to recci1c annual !lOME funds fi.1r the next three Program Years from <irmll Yc<us 2013. 20l.f. and 2015 appropriations. ;md ifthc City apprmes and authori~:cs this Agreement for a IIOME Consortium ( the ··IJOMI·: Consortium Agreement .. ). an executed copy thereof ''ill he included in the documentation for this ensuing period of qualification <mo. if the County qualifies. the City 11illthcrchy he included as a part of the urh<m county and IIOME consortium <md he eligible to participate in the County"s !lOME Programs ti.Jr the next three Prognun Years: (i. l"he County recogni~:es <md undt:rst<mds that it docs not ha1 e independent legal authority to conduct community development and housing assistance;: acti1 itics 11 ithin the boundaries oft he City and therefore. its ability to conduct the I lOME Prognun in the City is limited hy the requirement that it must obtain permission from the City to perform acti1 itics therein. <md according!~. in order ti.Jr the City to he considered a part of the urhm1 county and IIOMF consortium and he included in the County"s annual request to lllJD for IIOMI: funds. it is required hy the regulations for 1101\11: eonsortiums that the Cit~ and the County enter into a cooperation agreement 11 hereby the Cit~ authori~:cs the County to undertake or to assist in undertaking essential community Jc1 clopmcnt <UJO housing assistance acti1itics 11ithin the Cit~ as may he specified in the ··consolidated Plan .. to he submitted to HliD ;mnually hy the County to receive its mmual !lOME entitkm.:nt grant: II. llnJcr general prm isions of Colorado la11 governing contracting ocl\1ccn governmental entities and hy 1 irtue of specific authority granted in Part 2 of Artiele I of Title 29. C.R.S .. any ti\O or more political suhdivi,ions of the state may enter into agreements '' ith one <mother for joint eoopcrativc a.:tion and an;. one or more political suhdiv is ions may contract with <UJother or with a legal or administratiw entity created pursu<UJt to that act to perti.mn any governmental service. acti1 ity or undertaking 11 hich each political subdivision entering into the contract is authorized hy law to perti.Jrm. <Uld I. Accordingly. the parties hereto ha1 e determined that it will he mutually hcnclicial and in the public interest of both parties to enter into this intcrglJ\ ernmcntal agreement regarding the conduct of the County"s IIOME Programs. THEREFORE. in consideration of the premises ;md cooperative actions contemplated hereunder. the parties agree as follows: I. By entering into this intcrgmcrnmcntal joint cooperation agreement 11 ith the Count~ (""II OM I' Consortiwn Agreement""). the City shall be included as a part of Jefferson Count;. ·s !lOME consortium li.lf qualification and grant calculation purposes upon the qualification hy !Ill[) of the County to rccci1 c !lOME Progrmn entitlements <L'i a HOME consortium for the nc:o.t three succcssi1c Progr<un Years. J unc I. 2013 through Ma~ 31. 2016. 2. As required h~ the Consolidated Plm1 final rule. 2.f l"RF Part 91. the HOME eonsortium is on the same program year as the urhancounty CDBG progr<un. June I through Ma;. 31. ,\s pro1 idcd in Section 2 92.10 I of the Regulations. the qualification of the County as a HOME consortium shall remain effective for the next three successive grant years. June I. 2013 through May 31. 2016. regardless of changes in its population during that period of time and the Parties agree that the City may not \\ ithdra\\ from nor be rcmO\ ed from inclusion in the HOME consortium during the period of qualification. 3. A fully executed copy of this HOME Consortium Agreement. together v.ith the approving resolutions of both the Cit) and the County. shall be submitted to Hl 'D by the County as part of its qualification documentation and the City docs hereby gi\e the County the authority to carry out !lOME Program activities and projects v.hich \\ill be funded from annual HOME funds from grant years 2013 . 201-t. and 2015 appropriations and from any Program income generated from the expenditures of those funds . .t. l"hc City and the County agree to. and shall cooperate in. the preparation of detailed I lOME Program activities and projects to be conducted or performed in the City during each of the three program years co\·ered b) this I lOME Consortium Agreement and these finalized activities and projects \\ill be included in the County's Consolidated Plan and requests for funds for those program years. The c ity understands and agrees. however. that the County shall have final responsibility f(lr selecting the program acti\ itics and projects to be included in each annual grant request and project grant request and for tiling the Consolidated Plan \\ ith HliD on an annual basis. 5. The parties rewgnize and understand that the County. as a qualified !lOME recipient and urban county. will be the lead entity required to execute all grant agreements received from I IUD pursuant to the County's annual request tor I lOME Program funds and that as the lead entity it assumes overall n:sponsibility for ensuring that the consortium's IIOME Program is carried out in compliance with the requirements of the I lOME program. including requirements concerning the Consolidated Plan. Further. the County. as lead entity. will to the extent required by I IUD. be the responsible entity under such grant agreements f(lr the overall administration and pertorrnancc of the HOME programs. including the projects and activities conducted within the City. Accordingly. the City agrees that as to all projects and activities performed or conducted in the City under any I lOME grant agreement. which includes the City. that the County shall have the ultimate supen isory and administrati\c control and compliance responsibility. 6 . The City shall cooperate fully with the Cow1ty in a ll !lOME Progran1 efforts planned and performed hereunder and docs hereby allov. and permit the County to w1dcrtakc or assist in undertaking essential community development and housing assistance activities within the City as may be approved and authorized in the County 's agreements. including the Consolidated Plan. The City lmd the County also agree to cooperate to undertake. or assist in undertaking. community development housing a~sistancc activities for the !lOME Program. as they may be planned and specified in the County's Consolidated Plan submitted annually to I IUD for the three Program years specified herein and tor such additional time a-; may be required for the expenditure I lOME funds granted by the County for such activities. 7. The County. as the lead entity. is authorized to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the !lOME Program. The County will accept project recommendations !Tom alii lOME consortium members. but reserves the right to make final funding decisions based upon the recommended projects. 8 . The !lOME funds will be disbursed so that no less th a n forty-seven percent (-l7'l-o) of the annual HOM E Consortium alloo.:ation be reserved tor projects located within the boundaries of the Urban County ("Urban County Percentage") and no less than fiti;.-three percent (53%) of the mlJlualiiOME Consortium allocation be rese m.:d tor projects located \1 ithin the boundaries of the City of Lakewood ("LakC\\ood Percentage"). Projects located outside of the City of Lakewood bounda ries will not utili.t.c any portion of th.: Lakewood Percentage unless fir s t appro\ cd by the City of Lakewood or unless Lakewood has not designat.:d projects as prO\ idcd below. Projects located within the City of Lakewood boundaries will not utili.t.e any portion of the l lrban County Percentage unless first 3 appro1 ed by the County on behalf of all I lOME consortium members. If I .akcwood does not idcntit~ in writing the projccb eligible for payment from the LakC\\OOd Percentage'' ithin one (I) year from the date of an award. the County shalllul\c the authorit~ to reallocate any portion of the Lakewood Percentage not designated fix a specific eligible project fix usc lor an~ project within or without the Lakc1100d boundaries <L' deemed appropriate b~ the Count~. 110~11' Consortium members 11ill re1isit the disbursement percentages at the time of the automatic renc11al of this HOME Consortium Agreement and rcscn·c the right to amend the Agreement to include percentages rcllccting updated and current demographic data. 9. For the Cit~ of Lakewood ( .. LakC\\Ood") he HOME funds may be accessed by the Lakewood in l\1o ways: Lakewood ma~ appnne a project or acti1ity. carried out b~ a third cntit~. as appropriate for the needs of LaJ..cwood. and ..:ndorsc the application. or: Lakc1\ood may originate a gr<ull or loan request on its own behalf form! digiblc project or activit~. If the City applies for 110M!' funds itself: then the prm is ions in paragraphs I 0 and I I apply and the City shall comply 11 ith all other provisions of this HOME Consortium Agreement. For example. if the City opts to create an eligible homeo11 ncrs rehabilitation progrmn. the City would be subject to th..: same requirements a-; a subn.:eipicnt. including a \Hillen agreement. If the City apprtl\es or endorses a third part~ application. then the Cit~·, continuing participation in the projc..:t or acti1 it~ is not rcquir..:d. I 0 . Pursuant to 24 CFR 92.504. the City is subject to the same requirements applicable to subrccipicnts. including the requirement of a \Hillen agreement <L'i set ti.1rth in 24 CRF 92.504. II. !'he Cit~ undcrstm1ds that pursuant to S..:ction 92.504 of the Regulations. it 11ill be ncccssar~ tor the Cit~ to enter into separate project agreements or sub-grants in writing with the Count~ with respect to the actual conduct of the projects and acti1 ities apprm·ed li.1r performance by the City for the three I lOME Program years covered be the cooperation agreement and that the funds designated in the County's Consolidated Plan li.lr those projects and activities will also be funded to the Cit~ under those separate project agreements or sub-grants. Subject to the pro1 is ions of Paragraph 5 abo1e. the City will administer and control the performance of the projects and acti1 itics spe~.:ilied in those separate project agreements. and will be responsible lor the expenditure of the funds allocated for each such project or acth·ity <Uld will conduct and perlonn the projects and acti1 itics in compliance with the Regulations and all other applicable federal laws m1d requirements relating to the I lOME Program. 12. All I !OM L Program fund~ that arc apprm cd by I Il ·o lor expenditure under the Count~· s grant agreements for the three Program years covered by this Agreement. including those that arc identified for project~ and acti1 itics in the City. 11ill be budgeted and allocated to the specific projects and acti1 itic~ described and listed in the County's Consolidated Phm <uld One Year Action Pl;m to the Consolidated Plan submitted annually to I Ill[) and those allocated limds shall be used and expended only for the projects or acti,·ities to which the funds arc identified. No project or acti1 ity nor the amount allocated therefore may be changed. modified. substituted or ddctcd by the<. 'ity '' ith respect to w1y project of acti1 ity 11 ithout the prior \Hillen appnn al of the County and the appr<ll a) of Ill I[)'' hen that apprm al is required by the regulations. 13. Because the City will be included as part of the HOME consortium l(lr the three Program Years covered by this Cooperation Agreement. the City 11 ill do all things that are appropriate and required of it to comply with the applicable pro1 isions of the grant agreements recei1ed by the County from lll 1D in which the City is included. <Uld 11 ith the prtl\ is ions of IICDA and NAI !.'\ and all Rules <Uld Regulations. guidelines. circulars. and other requisites promulgated by the 1 arious ti..:dcral departments. agencies. administrations and ..:om missions n.:lating to the I IO:vtE Program. In addition. the City and the County shall each take all actions necessary to assure compli<m..:c with the certification required of the County by Section 104(b) of l'itle I of IICDA including the National Environmental Policy Act of 1969. Title VI of the Ci1 il Rights Act of 1964. l'itlc VIII of the Ci1 il Rights Act of 196!1. the Fair Housing Act. Section 109 of l'itlc I ofiiCDA and other hms applicahlc to the conduct of the IIO:vtL and l'rogran1. In addition. the parties hereto undcr,twld and agree that the County may not provide any I lOME funding fix acti1 itics in. or in suprxlrt ot: the City if the City docs not atlirn~ativcly further fair 4 housing \\ithin its jurisdiction or impedes the County's actions to comply with its fair housing ~.:crtification. 14. During the period of performance of this IIOME Consortitun Agreement. as provided in Paragraph 18 below. the City shall: (a) Inform the County of any income generated by the expenditure of !lOME Program funds received hy the City; (h) Pay over to the County any Program Im:omc received by the City. or retain and usc that Program Income subject to. and in accordance with. the requirements and provisions of the separate HOME project agreements that will be entered into between the City and the County for the actual conduct of the IIOME Progran1; (c) lJsc any Program Income the City is authorized by the County to retain only for eligible activities in accordance with all HOME Progran1 requirements as may then apply and as will be specifically provided for in the separate project agreements between the City and the County; (d) Keep appropriate records regarding the receipt oC usc of, or disposition of all Program Income and make reports therein to the County as will be required under the separate project agreements between the City and the County. and (c) Pay o\·er to the County any Program Income that may be on hand in the c\·cnt of close-out or change in status of the City or that may be received subsequent to the close-out or change in status a.~ will be provided for in the separate project agreements mentiom:d above. 15. The separate project agreements or sub-grant agreements that will be entered into between the County and the City for the conduct of the II OM E Program. as mentioned and referred to elsewhere in this agreement. shall include provisions setting forth the standards which shall apply to any real property acquired or impnned by the City, in whole or in part, using I lOME Program Funds. These standards will require the City to: (a) (b) (C) Notify the County in a timely manner of any modification or change in the usc of that property from that which was planned at the time of acquisition or improvement and this notice requirement shall include any disposition of such property. Reimburse the County in an amount equal to the current fair market value of property acquired or improved with I lOME funds (less any portion thereof attributable to expenditures of non-IIOME funds) that is sold or transferred for a use which docs not qualify under the Regulations, and Pay over to the County any Program Income that is generated from the disposition or transfer of property either prior to, or subsequent to. any close-out. change of status or termination of this IIOME ConsortilUll Agreement that is applicable. 16. The City, by execution of this HOME Consortium Agreement understands that it may not participate in a HOME consortium except through the urban county. regardless of whether the urban county receives a HOME formula allocation. The City may. however. apply for State HOME funds. 17. The County shall. in accordance with the applicable requirements of24 C.F.R. Part 92. collect an administrative fcc for the performance of its duties administering the HOME progrrun. pursuant to this agreement. In no event shall the administrative fcc exceed ten percent (I 0%) of the overall annual HOME allocation. The County can elect to enter into an annual agreement with the City if the City and County mutually agree the City will perfom1 administrative functions relating to the I lOME progran1. 5 In this occurrence the City would he subject to the same requirements as a suhrccipicnt. including a \Hittcn agreement and adherence to all HOMF rules and regulations. IlL l"he period of performance of this HOMF Consortium Agreement shall co\cr thnx HOMF Program years consisting of the County ·s I''. 2"d. <md 3'd Prognm1 years from this HOMF Consortium Agreement. beginning June I. 20Ll and ending May 31.2016 (and subsequent 3 ycartenns for any rcnc\\al periods). l"hc HOME and CDBG program years arc the same. as is required. As stated herein. hO\\C\ cr. the II OM 1·. Consorti urn Agreement in its initial period of perform;mcc is intended to em er acti\ ities to he carried out '' ith ;umuaii!OML Consortium funds from grant year 2013. 2014. and 2015 appropriations (and the fi)llowing three grant years for each subsequent renewal period) and shall he and remain in full fi)rcc and ctTcct until all projects and acti\ ities apprmcd and authori1cd to he performed and funded for those grant years ha\c been completed and any program income camcd has been remitted to the County or used by the City in accordance\\ ith the criteria described in paragraph D and the projects authoritcd in separate project agreements or sub-grant agreements shall lui\ c met all afTordahility requirements. 19. l"his 110M I·: ( \msortium Agreement ''ill he automatically renewed for participation li1r successi' c three (3) year qualification periods. unless a party provides \Hitten notice to the other party that it elects not to participah: in a nc\\ qualification period. I he\\ rittcn notice should he pro,·idcd a minimum of 60 days prior to the deadline for automatic renewal. l"hc party terminating this I lOME Consortium Agreement must not if~· the other party in writing of the election of its right not to participate <md termination of this IIOML Consortium Agreement. A copy of the notification must he sent to both the other party <md the Ill I() Region 8 field office by the party electing not to participate. ~otices and responses must he sent according to the schedule specified in Hli!Ys HOME consortia qualification notice ;md the urhm1 county qualification notice for the next qualification period. l"hc County will notifY the City in \Hiting of the City"s right to make an election to terminate this HOMI·. Consortium Agreement. A copy of the County·s notification must he sent to the IH'D field office by the date specified in the lll'D"s HOME consortia qualification notice <Uld the urban cotmty qualification notice for the next qualification period. Each party hereby agrees to adopt any amendment to this 110M!·: Consortium Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in the !lOME consortia qualification notice and the urban county qualification notice applicable lilr a subsequent three-year !lOME consortia and urban county qualification period. and to submit such mncndmcnt to I Il 'D. Failure to comply \\ith this pnl\ is ion and to submit the amendment to the Ill II) field office \\ill void the automatic rene\\ a! f()r such qualification period. If a ne'' member is added for the first year of a nc\\ quali licatiun period. the automatic renewal clause for the next term shall not apply <md a new consortium agreement. signed by all members. shall he required to continue the !lOME Consortium '' ith all the parties. l"he ne\\ consortium agreement may contain automatic renewal prm isiuns for subsequent qualification periods. 20. Each HOMF consortium member agrees to a!lirmati,ely further f:1ir housing. 21. Pursuant to the pnl\ isions of 24 C.F.R. ~ 91.225 the City has adopted and is enforcing the following policies: (a) (b) Prohibiting the usc of cxcessi\c force jurisdiction against any individuals demonstrations. and: by law enforcement agencies within its engaged in nonviolent civil rights Enfi1rcing applicable State and local Ia'' s against ph;.sically barring entrance to or exit from a facility or location which is the subject of such nonviolent ci\ il rights demonstration '' ithin its juri,diction. 6 22. Any ~:hangt:s and moditications to this Agreement shall he made in writing and shall he e:wcuted by both parties. exct:pt a~ pro1·ided in 23 c) below. prior to the pt:rfonnam;e of ail) work or aeti1 ity in1olvcd in the change and he apprmed by Hl lD. ifneccs~ar). to compl) with the Regulation~. (a) (b) (c) This liOME Consortium Agreement shall he and remain in force and eflcct for the period ofperfonnancc specified in Paragraph lR hereof and. when the County ha~ been qualified b) lll'D as a llOME ~:onsortium and urban county. neither the County nor the City may tenninate this HOME Consortium Agreement or withdra11 there from during that period of pertimnance. During the three Program Years !\1r 11hich the County has qualified. the plUties agree not to 1 eto or other11 ise obstruct the implementation of the approved Consolidated PlaJJ during that three year period and for such additional time as may he n:quircd for tht: expenditure of funds granted !i1r that period. l'he County is authori~:ed to illnend this I lOME Consortium Agreement for the purpose of adding new members to the Consortium on behalf of the entire consortium. l'he County rna) enter into an agreement 1\ith a nell member to a dd the nell member aJJd hind them to the same terms a-; set ti1rth in this I lOME Consortium Agreement.. 2-t. l'he parties agree to maintain a complete set of books <UJd records that account !ilr the IIOME monies and the supervision and administration of the IIOME Programs. l'he parties agree th a t they will provide access to these hooks and rc~.:ords to each other and to Ill /D. a~ necessary or requested. to confirm compliance with Federal la11 s and regulations. 25. !'his HOME Consortium Agreement and the rights a nd duties of the parties shall be interpreted in accordance 11 ith the lav. s of the State of Colorado applicable to contracts made and to he performed entirely 1\ ithin the stalL'. 26. The courts of the State of Colorado shall have sole and exclusive jurisdiction of an) disputes or litigation ari,ing hereunder. 27. Venue !i1r any and all legal a~o:tion s a rising hereunder shall lie in the District Court in and !i1r the Count) of Jefferson. State of Colorado. 2!1 . No member or cmpiO)CC of the City or County gmcmment. commissioners. city council persons or indi1 idual ele~.:ted officers shall receile any share or part of this Agreement or any benefit that may arise there from. ATI ACIIMEN l'S : Jefferson County. Colorado 20 I 0-20 1-t Five-Y em Community Development Consolidated Plan Including the 2012 One Year Action Plan to the 20 I 0-2014 Consolidated Plan 7 IN WllNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: JEFFERSON COUN1Y, COLORADO By: -:-~~-:::-----:--:-:-~--­ Donald Rosier, Board Chair Board of County Commissioners ArrEST: By.~~~--~-:::---~--~~ Clerk to the Board of County Commissioners Approved as to form: By~--~--~-----------­ Assistant County Attorney CllY OF WHEAT RIDGE, COLORADO By: ___________ _ Jerry DiTullio, Mayor City of Wheat Ridge Reviewed:--=--=-=------- City Attorney's Office ArrEST: By:-=-=---------- City Clerk 8 "j ~ .. _ ., City of • .. ~Wheat &_dge ~OliCE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City C o ~!l Patrick Goff, City ManagerW Daniel Brennan, Chief of Police May 25,2012 (for Study Session of June 4, 2012) Camping in Greenbelt and Parks The Police Department and the Parks and Recreation Department are working collaboratively in addressing concerns of transient homeless people using the City's greenbelt or parks, to camp and live. In fact, this issue affects large, medium and small cities. Wheat Ridge is not immune to this issue and both departments strive to be proactive in handling the issues associated with homelessness, such as panhandling, camping, littering, trespassing and intoxication issues to name a few. Parks personnel, Community Service and Police Officers routinely patrol the greenbelt and parks in an effort to make citizens and visitors to our community feel safe, as well as to educate citizens or take enforcement action related to the City's park regulations. The City Code of Laws. Section 17-33. prohibits camping overnight, to include parking any vehicle, trailer or camper overnight for camping purposes. The Police Department has an overtime program dedicated to providing special patrols in the greenbelt area during the wanner months of the year. In addition, the department has conducted sweeps through the greenbelt area to address citizen concerns regarding safety, increases in crime or in preparation for major events that tend to draw large numbers of people, such as the Democratic National Convention. The Parks and Recreation Department staff works closely with the Police Department in communicating their observations, as well as citizen concerns regarding camping or crime activity in this area. The City and County of Denver recently adopted an ordinance to address the issues of camping by homeless transients in their community. T h is has raised community awareness regarding this issue and th e department has received some inquiries regarding this issue in Wheat Ridge. In addition, there have been some concerns that the response to the homeless camping issues in Denver could cause the displacement of homeless or transient people into other communities. In an effort to assess the scope of this issue in Wheat Ridge, the Po li ce and Parks Department will have teams in the greenbelt area to assess the extent of the camping problem, remove any existing camps, address any safety issues presented by these camps and provide resource Staff Report: Camping May25,2012 Page 2 infonnation to anyone camping in the area. Infonnation regarding this effort will be shared with the public prior to the event. If time allows, these teams will conduct similar assessments at other park locations where camping has been an issue. The plan is designed to be a proactive, positive, and informative effort, as well as an assessment to benchmark future efforts in the greenbelt. DB \. . ~ "' ~ City of (?"Whe atBi_dge ~ARKS AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager0 FROM: Joyce Manwaring, Parks and Recreation Director DATE: June 4, 2012 SUBJECT: Martensen Elementary School Acquisition ISSUE: J effco School District closed Martensen Elementary School at the end of the 2010--2011 school year. This school closure has presented an opportunity for the City to explore acquiring the site for use as a neighborhood park. If acquired, the intention would be to substitute the Martensen site for the 441h and Kendall site which is owned by the City and designated for future development as a neighborhood park. Since the initial concept for acquiring this site for a neighborhood park was proposed, additional uses for the building and site have developed. I) Use of the school building as a recreation center to replace the Anderson Building in Anderson Park. , Moving pro!:,rrams from the Anderson Building to the Martensen site would allow the Anderson Building to be removed. Replacement of the Anderson Building is a recommendation of the 2006 Parks and Recreation Master Plan based on the need for recreation programming that cannot be accommodated at the Recreation Center and the outdated and deteriorating Anderson building. , Removing the Anderson Building would expand park space and provide an opportunity to enhance usage of Anderson Park for special events, such as the Italian Car Show, Carnation Festival and Performances in the Park. 2) Use of the school building to support a Boys and Girls Club. , Supports the county-wide initiative to acquire a Boys and Girls Club in central J efferson County. , Requires assessment and determination of: t. space needs of Club and Recreation Center to collaboratively offer programs from the same location and space 11. priority for site: Neighborhood Park Recreation Center Boys and Girls Club Martensen Elementary School Acquisition June 4. 2012 Page 2 FINANCIAL IMPACT: Acquisition Staff has met with the school district to detennine a contract price for the site. The negotiated purchase price for the site is $1 ,400,000 over a 1 0-year period with 2.5% interest. The total purchase price including interest is $1,583,734. The annual payment is $158,3 73 . The funds for the acquisition are available through the City Open Space Fund . Based on a 10- year payment plan there would be remaining funds available for park and building improvements to accommodate park and recreation prot,'Tamming. Separate grants in the amount of$256,000 and $150.000 totaling $406,000 have been secured from Jefferson County's Open Space Fund and Conservation Trust Fund , respectivel y . The funds from a future sale of the property at 44th and Kendall would be transferred to support this acquisition. Operations , Financial impacts to the general fund to operate Martensen are based on the assumption that the Anderson Building will be closed and therefore reflect a cost sav ings that can be applied to the Martensen site. , All recreation prot,TTamming is fee based. All tees reflect the direct cost of the prot,'Tam plus an overhead percentage to support cost recov ery for supervision, building and advertising. , Park Maintenance costs will be required at either the Martensen site or the current site at 44th and Kendall at a cost of$30.000 annually. The annual financial impact to the general fund to operate the Martensen building is estimated at an additional $54.022 ove r the cost of operating the Anderson Building when like costs are compared . CITY COUNCIL DIRECTION: I) Approval of the negotiated price for the Martensen site and direction to prepare a contract for City Council a pproval. 2) Approval to expend Open Space funds for professional services to develop a prot,TTam plan for building and site use and the associated costs -$9,080 3) Direction on support for housing a Boys and Girls Club at the site . ATTACHMENTS: 1. Program Plan Evaluation Proposal JM/dr Wheat Ridge-Martensen Elementary Program Plan Evaluation Original Proposal Date: 3/15/2012 Revision No. 1 Date: Architectural Scope No. Task Hours 1.0 Review existing site and building plans 2.0 Review proposed programs and square foot allocations 3.0 Review proposed space utilization diagrams 4.0 Develop at lease two plan diagrams to test-fit proposed program 5.0 Prepare space analysis and capacity summaries for each plan option 6.0 Develop sketch site plans for each option showing exterior program areas 7.0 Meet with Owner team to review options. Select preferred option 8.0 Refine preferred option based on Owner comments 9.0 Update space analysis and capacity summary 10.0 Provide .jpeg images for use in PowerPoint or printed materials 11.0 Prepare conceptual SF cost estimates for each plan diagram option Total Fees Assumptions: 1 Existing site and building drawings provided by Owner 2 Final deliverables will be in electronic (.jpg and .pdf) format 3 Hardcopy printing can be provided as a reimbursable expense 4 Design assistance beyond scope stated above to be compensated on an hourly basis: BRS (Architectural) $120-$180 hr 5 A 10% administrative fee will be added to reimbursable expenses (printing, mileage) 6 Project expected to begin July 1 and complete within 90 days. Payment is due in full upon completion and delivery of electronic files 2 2 2 16 4 8 2 8 2 0 4 $ $ $ $ $ $ $ $ $ $ $ $ 5/30/2012 Fee 360 360 360 2,880 720 1,440 360 1,440 360 800 9,080 Please email or fax signed proposal, Attention: Craig Bouck craigbouck@brsarch.com; fax 303.455.1366 Approved: Name, Title Attachment 1 Page 1 of 1 Date BARKER RINKER SEACAT ARCHITECTURE '\ '# ... ~ .,. City o f • --~Wheat~dge ~PUBLI C WORK S TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council (\l Patrick Goff, City Manage~ Tim Paranto, Director of Public Works May 29,2012 38th Avenue Corridor Plan Implementation Update As you are aware, the 38th Avenue Road Diet was implemented last week . The installation ofthe required traffic signs will be completed this week . The striping of the parking spaces will be completed this Friday evening. Traffic was monitored last week during the morning and evening peaks and during the school release period . Overall, traffic flowed well, with congestion on 38th Avenue between Marshall Street and Upham Street tor approximately twenty (20) minutes following the release of students from the two schools. Staff observations found that, generally, all waiting traffic cleared intersections during one traffic signal cycle (one ~:,rreen light). On a few occasions 2-3 vehicles were stopped and had to wait for the next signal cycle. Schedule of future activities relative to the 38th Avenue Road Diet: • Spot monitor traffic operations. • Pre-construction meeting for the planter and pedestrian platfom1 installation on May 30. • Delivery of Bison planters and pedestrian platforms on June II. • Installation of planters and pedestrian platfonns by June 29 . • Evaluate current traffic signal timing relative to the school release period and implement any changes prior to the school session beginning in mid-August. • In September, conduct a travel time study for 38th Avenue. • In the spring of 2013, pertonn a full traffic evaluation, including traffic speed, traffic volumes and travel time studies on 38th A venue and parallel routes. Traffic accident history will al so be analyzed. • Evaluation oftemporary 38th Avenue Road Diet and amenity improvements in December of2013. Staff will be available at the June 4th Study Session to discuss further or to answer any other questions. TO: CC: MURRAY DA.._,L I<UE:C .... ENME:I!!!STIILR RE:NAUD LLP Mayor and City Council r\~ Patrick Goff, City Manage r1£/ FROM: Ken Johnstone, Community Development Director Gerald E. Dahl, City Attorney Carmen Beery DATE: May 30,2012 RE: Draft Ordinance Amending Group Home Regulations City staff recently met to discuss the current state of the law concerning the regulation of group homes for the handicapped and how the Wheat Ridge Code of Laws ("Code") operates to regulate group homes of various types. As a result of those discussions, our office was directed to prepare a draft ordinance for your June 4 study session. The draft ordinance revises the interrelated provisions in the Code presently governing group homes to bring them in line with our review of current case law and with staff recommendations based on their experience administering the regulations. The ordinance accomplishes the following eight tasks. 1) Adds a new definition of "Residential group home for the handicapped" to include persons who are "handicapped," as defined by state or federal law, and their caretakers. 2) Creates a regulatory scheme under which all residential group homes are regulated in the same manner. With the new category of "residential group home for the handicapped," the City defines and regulates five categories of residential group homes: group homes for children, for the elderly and for the handicapped; congregate care homes; and nursing homes. This ordinance amends the use charts for all zone districts to treat all categories of residential group homes in the same manner. 3) Amends the land use charts to distinguish between residential group homes of eight (8) or fewer persons, plus required staff, and homes of nine (9) or more persons, plus required staff. Because of the land use impacts they create, larger residential group homes may be regulated differently than smaller residential group homes. The use charts currently distinguish between homes of eight or fewer and nine or more occupants in the context of group homes for the elderly. Staff believes distinguishing group homes at this numeric threshold makes land use and planning sense for all types of residential group homes. 4) Amends the definition of "Family" to eliminate its current inclusion of handicapped group living situations. 5) Deletes the restriction on the number of live-in caretakers in residential group homes for the elderly. Staff believes the economics of operating a group home will naturally dictate a low number of live-in caretakers that will not adversely impact adjacent an d area properties through excessive traffic, parking demands, noise, etc. 6) Eliminates the current distinction between substance abuse clinics for the treatment of drug abuse and clinics for the treatment of alcohol abuse; eliminates the current distinction between outpatient and residential substance abuse clinics. Staff sees no useful planning purpose for either of these distinctions. 7) Amends the Commercial and Industrial land use chart to eliminate confusing cross- references concerning clinics for counseling generally and substance abuse clinics . Staff finds the cross-references to be unnecessary. 8) Imposes the same off-street parking requirements on all residential group homes. Staff sees no useful planning purpose for the current d ifferences in parking requirements for homes for the elderly and youth . We will be available at your June 4 study session to discuss this ordinance and address any questions or concerns you may have. -, I , . , . . -d -l TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No.----- Ordinance No. ---- Series of 2012 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO REGULATE GROUP HOMES FOR THE HANDICAPPED AND TO BRING UNIFORMITY TO CERTAIN RESIDENTIAL GROUP HOME ZONING REQUIREMENTS AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the "Code"); and WHEREAS, said Chapter 26 currently regulates the zoning of group homes of various types but it fails to regulate group homes for handicapped persons; and WHEREAS, the Wheat Ridge City Council ("Council") finds that it is permissible under current case law to impose neutral nondiscriminatory zoning regulations upon group homes for the handicapped; and WHEREAS, the Council further finds that it is desirable from a land use regulatory perspective and equitable to regulate all types of group homes in a similar fashion; and WHEREAS, the Council further finds that it is desirable from a land use regulatory perspective and equitable to regulate all types of substance abuse clinics in a similar fashion; and WHEREAS, the Council therefore desires to amend certain provisions of Chapter 26 of the Code to regulate group homes for the handicapped in the same manner as other group homes, as permitted by law, to regulate substance abuse clinics for drug abuse and clinics for alcohol abuse in the same manner, and to eliminate certain other distinctions between group homes that no longer have a meaningful land use planning purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Family" set forth therein as follows: Family. One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living Attachment 1 together as a single housekeeping unit. Five (5) people over the age of sixty (60) years sharing one (1) housekeeping unit shall also be deemed to be a family. Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Ci• .. il Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24 34 301, C.RS. A family shall not include more than one ( 1) person required to register as a sex offender pursuant to § 18- 3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption. A household that includes four (4) or more persons identified above shall not be excluded from the definition of "family" by the residence in the household of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Residential group homes" set forth therein as follows: Residential group homes. (a) Group home for children: A facility licensed by the Jefferson County or State Department of Human Services as a residential child care facility or specialized group facility, as defined by and pursuant to Article 6 of Title 26, Colorado Revised Statutes, as existing or hereafter amended. The age of a child placed in a group home for children may not exceed eighteen ( 18) years or, in the case of a child placed in a group home by court order prior to his or her eighteenth birthday, twenty-one (21) years. Group homes for children do not include facilities for the placement of children operated directly by the division of youth corrections of the Colorado Department of Human Services, the mental health division of the Colorado Department of Human Services, or the alcohol and drug abuse division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26-612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to§ 18-3-412.5, C.R.S., as amended. (b) Group home for elderly persons: A residential facility for the exclusive use of persons sixty (60) years of age or older who do not need skilled and intermediate care, plus no more than t\t.'o (2) live-in staff persons employed in the care and supervision of such elderly persons. (c) Congregate care home: A residential facility established for the exclusive use of more than eight (8) elderly persons, sixty (60) years or older, where intermediate nursing care may or may not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons, based upon maximum designed occupancy load, shall constitute one (1) family unit. 2 (d) Nursing home: A state-licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short- term convalescent or rehabilitative care or long-term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. For purposes of this chapter, a "residential group home" shall not include a household of four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title Ill of the Civil Rights Act of 1 968, as amended by the Fair l=-4ousing Amendments Act of 1988, or disabled persons as defined by § 24 34 301, C.RS., and such additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. A group home for handicapped or disabled persons shall not include more than one (1) person required to register as a sex offender pursuant to § 18 a 412.5, C.RS., as amended. (e) Group home for the handicapped: A residential facility for the exclusive use of persons who are handicapped as defined in Title Ill of the Civil Rights Act of 1968. as amended by the Fair Housing Amendments Act of 1988. or disabled persons as defined by § 24-34-301. C.R.S., and such additional necessarv persons employed in the care and supervision of such handicapped or disabled persons. A group home for the handicapped shall not include more than one (1) person required to register as a sex offender pursuant to§ 18-3-412.5, C.R.S, as amended. Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient or residential treatment for substance abuse other than alcoholism, involving, in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes. Section 4. The "Table of Uses -Residential" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A Residential group home See § s s s s s s s s for children 26 612 Residential group homes, See § p p p p p p p p nursing holfleS, and 26-612 congregate care facilities for 8 or fewer elderly persons olus staff Residential group homes, See § s s s s s s s s nursing homes, or 26-612 .,.,~ ..... ,., .......... ..... ..... ~..... f,... ..... ;J;h 3 I ffif 9 or more elderly I persons. plus staff Section 5. The "Table of Uses -Agricultural and Public Facilities" set forth in Section 26- 204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes A-1 A-2 PF Residential group homes for 8 or fewer See § 26-p p persons olus staff 612 Residential group er Al::lrsiA§ homes.,er See § 26-s ceA§rO§ato care facilities for 9 or more 612 persons olus staff ResideAtial §re1::113 l=lemos fer cl=lildroA See § 2a s &R Section 6. The "Table of Uses -Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the row concerning counseling and treatment clinics as follows: Uses Notes NC RC C-1 C-2 I Clinics and offices for G ~. G2 & I lfiJGb61Q~: the counseling and RosidoAtial facilities. s p p p p treatment of psychological, social, NG & RG ~XGb61Q~S: marital, developmental RosidoAtial facilities or similar conditions, O*CII::IdiA§ SI::ISStaACO Abb districts INGb61Q~: aSI::ISO cliAiCS Ge~::~AseliA§ aAd treatmoAt fer alcel=lelism Section 7. The 'Table of Uses -Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes NC RC C-1 C-2 I Residential group aAd Al::lrsiA§ homes aAd ceA§rO§ato care facilities for 8 or p p p p p fewer ,..,,,.,,..,r,, persons olus staff Residential group aAd Al::lrsiA§ homes s s s aAd ceA§rO§ato care facilities for 9 or more ,..,,,.,,..,r,, persons olus staff Residential group home for children s s s Section 8. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards, is hereby amended by deleting the following rows from "Table 6: Schedule of Required Off-Street Parking" thereunder: TABLE 6: Schedule of Re Use 4 Congregate care center Q.7a Sf3ace f30r eacl=l eeelroorn f3l~::~s 1 Sf3aCe for eacl=l ernf3loyee on ffia*iffi~::~rn sl=lift EIEierly gro~::~f3 l=lorne Q.§ Sf'} aCe for eacl=l elelerly OCCI::If'}ant, f3II::IS tl=le stanEiarEI resielential Elwelling reEf~::~irernent Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards, is hereby amended by amending the parking standards for residential group homes under "Table 6: Schedule of Required Off-Street Parking" as follows: TABLE 6: Schedule of Required Off-Street Parking Use Requirement Residential group homes for yo~::~tl=ls 18 2 Sf3aces 13er l=lorne witl=l street 13arking or 4 years anEI yo~::~nger Sf3aces 13er l=lorne witl=lo~::~t street 13arking f3l~::~s 1 Sf3ace 13er eacl=l eigl=lt eeEis Staoda[d [esideotial dwelliog regui[emeot ~Ius 1 s~ace ~e[ em~lo~ee QO ma~imurn ~ Section 10. The "Permitted Uses" Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by amending the existing row concerning residential group homes and inserting a new row concerning residential group homes as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N Residential group homes fQ[ 8 p p p p Q[ fewe[ ~e[SQDS, ~Ius staff Besideotial Q[QU~ bomes fQ[ 9 c c c c Q[ mo[e ~e[SQDS, ~Ius staff Section 11. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 12. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 5 Section 13. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 11th day of June, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 25, 2012, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to , this 25 1h day of June, 2012. SIGNED by the Mayor on this ____ day of _________ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 6 Memorandum TO: The Mayor and City Council THROUGH: Patrick Goff, City Manager Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: June 4, 2012 SUBJECT: City-initiated rezoning of 7750 Three Acre Lane In July 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C), per Case No. WZ-11-03. It has come to staff’s attention that a single parcel—located at 7750 Three Acre Lane—was inadvertently left out of the city-initiated zone change. The error was discovered when an appraiser contacted the City requesting information regarding the Wadsworth Urban Renewal Area. The subarea plan, originally adopted in 2001, indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file was incorrectly created and did not include the subject parcel. The 2011 zone change along Wadsworth Boulevard was intended to include all parcels in the urban renewal area. Because the digital URA boundary incorrectly excluded the subject lot, the zone change also inadvertently excluded the subject lot (see attached Exhibit). Staff has met with the property owner to explain the error, and the property owner has requested that the parcel be rezoned from Residential-Three (R-3) to MU-C, as was originally intended. Staff is requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three Acre Lane. Exhibit The map below, taken from the 2001 Wadsworth Urban Renewal Plan, indicates that the subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal area and should have been rezoned to Mixed Use-Commercial (MU-C). ~ r~ ' f r or d Du l c > " ' " ' P T11 T 1 ~ 5' \ V o i l r e ~r - < a Ce r t t u Up h a m 5 t ~ ~ ~ e I " • 4 0 0 r Dl :: s (' I ) ~O R T H £ Ya r r o w S t . Su g ~ St n p A " " ' l u e Ma l l t. . n 0 2 0 0 4 0 0 f i I I ) " WA D S W O R T H CO R R I D O R UR B A N RE N E W A L AR E A BO U N D A R Y MAP CI T Y O F WH E A T RI D G E F1 g u r e I Wa d s w o r t h Bl v d . r e p ~ Le g e n d Pr o p e r t y Po r e d u, . . . . 5t • e c : t <:.! < : ~ ' t o i W J y a t n u • St u d y . A r u The image below shows that at some point the boundary of the urban renewal area was incorrectly drawn into the City’s mapping database. The erroneous boundary shown above was used as the boundary for the 2011 city-initiated rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C). For that reason, the subject property was inadvertently left out and still zoned Residential-Three (R-3)—instead of MU-C—as shown in the zoning map below. Memorandum TO: The Mayor and City Council THROUGH: Patrick Goff, City Manager Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: June 4, 2012 SUBJECT: City-initiated rezoning of 7750 Three Acre Lane In July 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C), per Case No. WZ-11-03. It has come to staff’s attention that a single parcel—located at 7750 Three Acre Lane—was inadvertently left out of the city-initiated zone change. The error was discovered when an appraiser contacted the City requesting information regarding the Wadsworth Urban Renewal Area. The subarea plan, originally adopted in 2001, indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file was incorrectly created and did not include the subject parcel. The 2011 zone change along Wadsworth Boulevard was intended to include all parcels in the urban renewal area. Because the digital URA boundary incorrectly excluded the subject lot, the zone change also inadvertently excluded the subject lot (see attached Exhibit). Staff has met with the property owner to explain the error, and the property owner has requested that the parcel be rezoned from Residential-Three (R-3) to MU-C, as was originally intended. Staff is requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three Acre Lane. Exhibit The map below, taken from the 2001 Wadsworth Urban Renewal Plan, indicates that the subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal area and should have been rezoned to Mixed Use-Commercial (MU-C). ~ r~ ' f r or d Du l c > " ' " ' P T11 T 1 ~ 5' \ V o i l r e ~r - < a Ce r t t u Up h a m 5 t ~ ~ ~ e I " • 4 0 0 r Dl :: s (' I ) ~O R T H £ Ya r r o w S t . Su g ~ St n p A " " ' l u e Ma l l t. . n 0 2 0 0 4 0 0 f i I I ) " WA D S W O R T H CO R R I D O R UR B A N RE N E W A L AR E A BO U N D A R Y MAP CI T Y O F WH E A T RI D G E F1 g u r e I Wa d s w o r t h Bl v d . r e p ~ Le g e n d Pr o p e r t y Po r e d u, . . . . 5t • e c : t <:.! < : ~ ' t o i W J y a t n u • St u d y . A r u The image below shows that at some point the boundary of the urban renewal area was incorrectly drawn into the City’s mapping database. The erroneous boundary shown above was used as the boundary for the 2011 city-initiated rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C). For that reason, the subject property was inadvertently left out and still zoned Residential-Three (R-3)—instead of MU-C—as shown in the zoning map below. .... ~ • # ... ,.. City of ·~Whe atB4_dge _.?"'"OFFICE OF THE CI1Y MANAGER . Memorandum T O: Mayor and City Council T HROU GH: Patrick Goff~ City Manager F ROM: Steve Art, Urban Renewal Manager @ DATE: June4, 2012 SU BJ ECT: Renewal Wheat Ridge Gap Funding Request Issue Should lhe C ity of Wheat Ridge provide an interest free gap loan in the amount of$350,000 to Renewal Wheat Ridge to complete infrastructure improvements at Town Cen ter Nort h? Ba ckgro und Renewa l Wheat Ridge and its master developer Weston Solutions are in the process of inrrastructure work on Town Center North. The infrastructure development is broken into three phases. Phase 1 completes the infrastructure requ ired to be completed in order to deliver 'fi nished lots' to Wazee Partners. LLLP for the development of Lot 2 and the construction of the Town Center Apartments. Those improvements are fully funded utilizing the revenues received upon the sale of Lot 2 and on deposit in a segregated escrow account dedicated to Lot 2. Weston is p rogressing w ith the p roject to meet the terms defined in a subdivision improvement agreement. TJ us agreement is between Renewal Wheat R idge and the C ity of Wheat Ridge. The agreement defmes those items that must be completed in order for the C ity to accept the project as a completed subdivision. This agreement includes all three phases of develo pment. Presently, Weston is ready to begin the installation of a sanitary sewer line to serve the Lot 3 at a cost of approximately $40,000 to $63,000 as defined as part of Phase III. This line will serve lot 3 and will nm down Vance Street in the pub lic right-of-way. Weston is recommending the line be installed at this time before road base and asphalt are installed on Vance Street. Weston is prepared to request a Notice to Proceed for Phase Ll of the development. Phase 11 would complete the landscaping requirements of the subdivision agreement. This includes a ll the J andscapin~ along the new Vance Street, along the western side of Upham Street, the frontage of 44 'Avenue, eros ion control in the detention pond , and landscaping and site improvements to the Panda King property that were impacted due to construction. Th e contactor's estimate for Phase II is $334,278. Additionally. a portion of P hase I that was not included in the f11nds from the purchase of the Wazee lot. was for the purchase and placement of pedestrian lighting along Vance Street that is being installed as part of Phase I in the an1ount of $87,000. These three items: the sanitary sewer line. Phas e II landscaping, and th e pedestrian lighting are critical to moving Town Cen ter North forwa rd and com pleting a ll the elements of the subdi v ision improvement agreement. These items total $4 84.278. Renewal Wheat Ridge is requesting the Ci ty Council make a gap financing, interest free. loan to the project for completion of th e aforemen ti oned work. Tite loan would be fully repa id to the Ci ty u p on the c losi ng of the propert y at either Lot 1 o r Lot 3, the two re mai11ing parcels on Town Center North : whichever closes fir st. At this ti me. Ren ewal Wheat Ridge has signed a purch ase agreement with Wazee Pa rtners for Lot 3 in lhe amount o f $925,000 fo r th e co nstruction of 6.000 s quare feet of retai l and approximately 88 -units of seni or apartments. The sale is contingent up o n Wa zee receiving additional tax credits fi·om the Colorado Housi ng and Finance Authority (CHF A). Renewa l Wheat Ridge and i ts marketing firm D avid/Hi cks/Lampert are act ively marketing Lot I a nd hope to have that piece under co ntract thi s yea r . Renewal Wheat Rid ge cu rrentl y re ceives 100% of the sales tax generated fr om the T own Center project until 2014. These revenues aver age $25-$35 th o usand pe r month . Those revenues are used to cover the debt service of the I ·t Bank loan made to Ren ewa l Wh eat R idge to purchase the 9+ acres and are not sufficient to fund the required improvements. If the gap financing is approved, s raff will prepare loan documents to be presented at a future C ity Coun cil meeting. l fthe funds are not made avail able, the project at Town Center North will mos t likely cease until funding can be identified. The Town Cen ter Apartments could not receive their Certifi cate of Occupancy and Renewal Wheat Ridge would be in breach of i ts cont ract wit h Wazee Pa1tners. Co un cil Con siderati ons Consi d era ti on I -S ho u ld th e City Counci l provide an int eres t tree gap loan request in the amoun t of $350,000 to Renewal Wheat Ridge for po rtions of infrastructure work as detailed in th e s ubdi vision agreement with the C ity of Wheat Ridge? Attachm ents I . S ubdi v isio n Improvement Agreement 2. Project Bud get Attachment I SUBDIVISION IMPROVEMENT AGREEMENT F S 111 • 00 c 10.0 0 THIS AGREEMENT made tht!. ?.6 1 ' day of Septembt::r. 2011 by nnd between th o CITY OF WHEAT RIDGE COl ORAOO, :'1 hom~ rule muntc1pal corporalton (lite "C•tY ). 11~ the Wheati3.!Qru.U)rban Renewal AuV)OIIl~. dotng bustness as Renewal \'\heAt Rtdge . a bOd..Y£QIP..QratE# and pol. tee o f the S tate pi CQJo.@.do (the "Oe"e )))ttr 1 together referred to as lhB 'Parhes ~. RECifALS Th~ DevP.Iopcr IS the o-~rttJI ol certain re<~l rroperty locateo'" the CIIY of Wheat R1dgr> whch 1s mon: particularly descnbed 1n Exhi bit A and m;~de a part hu eof 'the "Property" comrronly known as ToY..n Center North On September 26. 101 1 the Ctly Councd of tho Ctty of Whbat R1<290 after holdmg all required public l'leanngs approved t he ftna l !)lilt for lhe Property t1tlet1 Tow1 Center North A copy of the F'1nat Platts a111 chcd hereto as Exhibit B ana Incorporated hcretn Thl'l approvals oted above art contt ngert u •un the e.<press ..:on ltllon tha i all duhes c:re;ucd b~' lht~ Agreement be faithfully pcrfOin1t...od by the OrJve loper NOW therefore. for <tnd tn cons1der.Jiton of the mutual p rorru~es .tnd r:o~ten ants conta1ned narem. the sufficiency o f whtch a t tf mL!Iu<tlly .lrknowledged the part1es hereto agree as follows· P!,!r posg The purpose of lh1s A~o~rr ~monl IS to set fonh the tcHn!\, con d1hOns and fees to oe pa1d by the Df!veloper upon ~uhdiVISIOn of the Propertt All conditions oontalned herein are m addit1cm to <IllY a nd all :equ1tt.monls of the C11y of Wheat Rtdg~ Subdi'JI!>IOn Ordinance and Zomng Ordtnance t he Ctty of Wheat Rd')e C ha rt C'r an~· and all st<.~t e statutco; ;md any other se<.tions of the Ctly of Whti::tl R1dge Mun1 c:.n;~1 Code '1nd are not 1r1hmood to supersede illl}' requtrcments conta1ned tnorem 2 Otl'ler Regwnment$ See [xhtbfl D illlachetl hereto. 3. Fee~ The Developer hereby aorees to pay c.ty Dt:velopment ReVIeW fees to the C1ty fo r e n gineenng, hydrologtc<ll, survcytn9, legal and other serv1ces rendered tn connection with !11~ review of tho subdiVls•on of the Property 4 I 1lle Polley A IItie comm1tmen 1 for lhe Property sha'l bt: prov1ded to the Ctly. The IItle commitment shall show that all property to be aedtcatad to th e Ctty is or shall be. subsequt::nl to lhe executton and recorrhng o f thi~ Agreement l ree and dear o l all tens and ~ncumbrances {ot her than real estate taxe~ wh tch a re not yel due and payable) T•1e City 1n 1ts sole d•sc.rehon moy acct:pt any dedtc<lhon regardless of er\cumi.Jran<:as Tne lttle policy e vrd £-r,ced hy the lttlc comnulrmml s h aiiiJe prCNICIEK1 1\ _ th1ny l 301 tJays .1fler tr•· r~,..ord111g o f lhlb AC)recment ·,r 5 ~~ bv the Oe\';olo~ C":ttv·~ Remodu;s In ll1c event ot tl bre.:tc. 1 uf any of t hat arms ;mrl <".O ndr hons of tht s Agreement by tha Dt~veiOI>er. IIY> CIIY Counctl shall be rotrfted unmed~ately ana the Ctly m<•Y lake such acttOn as perm,ttNI anrt/or <tuthor ize·t by raw thrs Agrf.PmtJnt. or the orornances and Chaner of the Ctty B!-th o Crty deem~ n£tCf;ssary to protec.l I he put..ltr llP.allh . sal~ly -.nd Wt If are to protect to t buyer~ and bUilders and to protnct the c•hzens or the Ctty from hard!>lltp l:lnd ll'"'due nsk These rem~dte~ mclurk:. hut are not ltl'll·led 11 (n) ThP refusal to tssu~.: auy bulldtng permrt or c~ntftcal( of occupant~ lb> Til· re110ca1ton nf ~ny butldtng petmtt previOusly ts:.ub>d untl~t whiCh construchon du~lly related to ~uch IJwld~ng permtt has not comm~ncca except a bUIIdtng pr .. ·viOu.,ly •ssued to a lhtrd fl<Jny , tc ) A oem:md that the secunly gtvln for the ccmplet•on o lthc Pubhc lmpmvC?t1'"J ills be patd or honored or (ct) Any oth~r rem&ny av::uiAble at law or 1n uqwty Untess n ecessary to pro1cr.1 t he unmud•ate tlcalll"l sa fe ty· and well ..Ire of the Cu~ or to protuclli"E" Ctry's ntettJ:.I "''In rugeird to secunty gtven for lhE' comptettor o f the Pu bhc Impr ovements . l h~ C:•ty Shi.ill pmvide the D eveloper thrrty (30) d01ys wnrten noltc~ oltls •ntent to tak~ Jr y iiclion under th1~ paragrapl durtnq whtch t h•rty day p.:nod the Developer ma~ w re the I.JrPi'trh descrtbed 111 lhP no1tcc G PIJllhc lm~ro .. ·cments cmd Wf!riJ!nlv All sto rm sewur hn~!i dralnaqe ~11'\Jctures pavtn.l stret IS ,,, lodtng curb gullcr and srdewall., and t ~fl~>~ty .,ppunen<~Hces as shown on the l>.tbd lv•s•on IJidt and lilt.' assoc•ated construc.;ltor do~umun t s tthe Puhtic lrn~roverrc,.,t s• or lmprovemel"'ts ) <iS appro"Je<l by t~ O•rcc:tor o r Pubtrc Work$ o r rtestgncc of the Ctty shall be mslalled a nd cornpletcd at the ellpense or tho 0 F:vr•lopt'1 Wt l hlll th a llmefmmes ~£:1 l u th on E:atuh rl r The-Pubhc lmr rov~ments rt:Qut rud by tnis AQr~emeol ~oo shown on th e construcho'l documents approved lly lhe Dtrector of ?uiJhc Works ol the Ctly. lhe ttmcframes ro· con~tru ctron of the :mprovemePis «Hid the ltemf7(•d costs of lht;SR lmproovements are sot forth un Exhibit C tf clpplrc:;~blo A.rt Pubtot. lmrmvements covert:d by lhts Agreement shall be made n accord.:mce w•lh Ute cons'ruct•on oocuments draw" accordrng to rt.'!JUia ttons and construcltOt, ~landards for ~ch tm:Jruvemclll and approved by tho 01rcctor of Pubhc Won..s o llhc: Ctty . HIS uncierstood by the Par1te!. that the descrtphon or th e Public lm~rovemcnts may be yeneral in nature and that reasonable mocMcatrons or t he. ~cope nalufe costs. <Jnd stm•lar asrect~ ur the PubliC lmptovements may be neOBssary to secure fmal approval of the Public Improvements The QUdnlthes and locahon~ lor the P ubhc Improvements arP hasod on mformattOn thai was avatlable at the ttme of approva l of ·he Ftnal Plat Addtltonal PubliC lmpro .. ements rnay be reQu~red. and Developer sh .. .llrA respon~tl.Jie for submrlltng rnv.stOns to tho Ftnal Pl31 approovao by lhu Ctty The Oeveloptlr ~h;:~li wmr<Jnt nn v and an Pubhc lm'lro .. cmcnts wh1ch ,1 r.: " 1 • ''.) oonYCyed to thfl C ty pursuant to lhtS Agreement for a periOd of rwu (2) ;•!<HS !rom 1~ dat e lh~ Ctt}"s Dtrl;!ctor Clf Public Wor k ~ cc rM~s lhnt the same cunfonn \\1lh spenf ,cai>Ons apuroveo b)' the C1ry Sro:C'rftcally, but no1 hy woy of t.mtt8llon the Ot~~eluJJd -;hall wa rrant thu lollo.vmg (a 1 Thl.lt thP. IItie conve}it.-'d s h~ll ho m;Hketnhlo ctnd 1ts transfer nql11 1ul (b) Any and alllaciiii iiJS amvey•1d ::;hall be rroo fru rll nny ~;ccun t y 1ntere~1 or othur hen or encumbrance, anct (c;) Any and all faclht1es so conveyed t.hcilll.n ire:•~ or t'10 h•cts 1n mater~o"lls 01 w. ukm:.nc.h•fJ for a panod of two ( ::!) years i:S'\ ~t.alt!d c~hovu (d ) Tu thu c.Jegrcc the DcvP.Ioper IS reqauroo to 1nst all And m:11111<11n landscaptng on publ ic; cr pr.vatP. propenf'. 11 •s IIIU ohhgat10n o l Developer lCJ 11\8tl'llell0 the (I}QL1ftl0 l<indscap1n9 for tWO (l) tjrrJWII'9 ~cac;nn1~• TM Ct l ~ ,.,1111 nally O-.l'P.p l l or ma•ntenanc~ all Pobllr, lmprovuments ;tftcr th u v.o rr nnly pcuod has (:X1.11 r ed provided CJII warrant y v.'Ork t\a:, been comph:t?.r1 Tn•3 Clly -.hall accept for SIIO.'I rcmo·:al purpost:~ only all dt~tca teO public strc.,;ts a lter tt:c Cr1y tssucs thP. fu c.t co:rttfrc:are of occu~anncy 7 ln~l alla uon o fT @Htc S~gtll!! A 1rall•r. siQMI may lli! reQuuutltn servl! t hiS development Odenmnatlon or tne need for the Stgnal shall bo made by tho Ct t{s Pub l iC Wor!>.s Drrector, heroanafter ·o,rcctor, p nor to any building pP.rm1t rssuanca ana bas~d UI K•'l iJ traffic <;llt!ly for tht!. ijcvolopm•.nl ilppro\:t.td by t h~ Ctly The OIU!C!Dr may rcqutre th at the IIUiftc: ~tudy be re,··:>~d tlthn l;~nd uses nssum t:d '"the tmfl•c stu1y chnnge l'1e Ot-\'t:loper shul l pro,·Ktc collateral tor l!H! es1unated co~ ol tnst a'!at on of t h\lllillltr: st!)Olll p rio r to burl<.hng pcrmrr i ss1mnce. •I tho Otroctur has dctormmed that il "'!Jnct l tl> nM:d od Pno r to butld,ng permrii~H.JIICl!, tt :.r~ De"olopur sh.JH provide t•a ff1c sign;ll plans fo r dPJ.JrOYi11 by rhe D1•er.ror The ou ... ulopf'r c;haii i'!Ohfy t'1 o ttl'{ ll'l wutii'IQ, a m•n•muan o f on£! llunctmd SIXty ( 160} days p fiO f 1\J thP dcs1red tune o f •n~t.11l:1 t ion!mo<11ftc.r,tl0n of the llalf1c -tgnol tn (lrder tu Allow the C ity to coordmote th e tam•ng of thts tr :~ff 1c. l>ld11illimprovomenl & II th~ D•rccrm ;tpprovcs 1 n~tcslla 1ton o f th e l;I!Jnal oa:.ed on meE:tmq lriiHIC warrant~ the C117 -.h all then not r, the O cve~ope r tn WIIIH g or the l!K HCI amount requ,rod l or the traff>e stgnal tmprovc:nwnls Thn Developer shall the:n rnnkc pAymEnt to the C .t y '"CAsh for lha roqu1rcd ~mo u n~ w1thtn St Jtty (60) cl~ys of recctpl or such lette r T he Cll\· w1ll not commamcc t ra ffiC: "1gnat1mprovemt!nls until the Developer h 1S paitl tu tnE> C1ly the: total amount dclcrm,ned hy the O.rector to be tho total cost of impro\·ermmts 8 Ob:aervatin,,, lll"fl.~C:IOO and Tu:>f.!!!g T he C1t~· ~t,a\1 have t he nght to requ•rP r ~usonable cngrnt;erinn oh~erva 110nt> and tust•no at the Devulopm's r~xpe11sP Observalton ;uvJ t~:eStmg , acouresnmce If' or approved b;.Jr >' eng•neertng 1n~~~t or of t he cons:ruclron of phySit:al f;~r•htu?!. at any p<Htlculnr t1me ~lldll nut t.:unsututl1 t:le apnroval by ttle C 1ty of any nort•on of the con&trucuon of such Public lmproverrents Such approval shall be madr by the City only after comp1ellon nl con~>trut:lion and rn th~ manner here1nafter se t forlll The D•rector s desrgnaletl oy 1r.e C•t y to Ollerc:•sc autnority c.n rts bt ·half uncter th1s Agu:!amenl anc:lro ~eo that Uns Aqmcment is performed ilCCOrd1ng to 11s terms Work uncer lh1s Ayrpcment rn;4y, wtthout cost or clalf'!l a~td tnSI tt w C•ty, be suspended by tht Dnl"<:tor for suiJs.tant.al ca~se Th:,.; Dnt:ctor ~hal w1 l h•n a raason;'!hiP. lime alter p rosentauon , mal\u daCJsions rn wnllng on all dtt•m'-of Devr.IOper and on .. 11 other matters relating to the cxecul on and progress or the \'I'Ork or th(. lnlcrpret ;:H ron ol thiS Agref'"":lnl the master plan anrl specrf1cat ... 1ns All 5uch CfC!Cr!>IOn!> of the D•re<.tor ~hdJI bl• frMI TI1P D1rector shall rnaku at dete1mrnattons of nmounts Jlld qu1n1r1tes of v.ork pcrormcd hereunder -c ass1s1 I rm 1n thrs worll Devctopm !"hall mal\e avarlalllc for rnspect•on any ruC{1 rd s kept by 01'vetopcr Thr Drrcctor shall m<ti\C all determtnattuns of ::~mo .. mts and quantihus of \\'Orit pcrformc:rJ hert.!unner To as&1SII11m rn this we~ Oev•>lopt r c;hal make avcs1lattlt: fur rm;pccllofl any r~corrls kept llv Developer TI\O D•rr•ctur <lnd h1s aulhuun~d rcpr~enl<t l wes s•rall heW"' lr'lo access IC" the v..orlo.. at alllrme:. ann Develop~! shdll fwnrsh them wrln faolltles tor a::.cen .. munCJ whether the \VOrlt be•ng ptrformcn or th~ wor._ wl•1 c tl has been completed . •s •n acco•dancf' w1th the requrreomHnts of the Agreement The Orractur wtll ma1<e penodtc obM:rvHhons ot c on~trur.hon (sometimes commonly referred to ns · !.Uperv•s•on ') The purpose or these Ol.l!)f:rvahons nnd construwon check•ng rs to determ1nP the progrel>!> of the work and to !.ee tl lhc work 1s bemg per1ormt.-d "' :'lCCordarn:e WJih the r>lanc-and speohc::at ons He .... ~u 111 no 'hCJY IX! respousible fo r how lht' work 15 performed , S.'-llety '" on. or abootthe JOb site. methods of ~rformancr. or tlnlehness in the performance of tho work lnspectocs may be appornted to '""peel materials used anrl won.. Clone InspectiOns may extend to all or ::-my part of the work and to the prop:~rAtJOn or manulacture or tl'le mateuals to be Jsed Tht! •nSPectors w111 not be authoriZed to alter the pro\llsJOnt. of lh•s Agrtremt~n l or any spCCifiGaliOn~ or tc act <ts foreman for DevelOper lhe lnspuctor w1l have aulhonty to reject deh.!~.otrve mmeoals and to I t-\ suspenu any work t he~t 1s ll811'19 Clonr~ •mpro r~rty subJect to the rinCJI dec1S1on olthe D1rector. 9 Qwnplet•on nl Pub !C lmprnvem~ fht: obltgat•uns ol tM Developtr JJIOVtdt:ld lor In paragr<~f'h 6 or !hiS Agreement mcludlng the tnspechons hereof Shdll bl.! porformed em or l>t!lor~:t MAy 30. 2012, and propP.r :~pphcallon lor accepl 311cP. of the Pubhc lmprovcmants shall he made Gn o r befor~o: su"'' dal e Upon tom1Jielton of constructton by the Do'vetoper of such Improvements. t ha Ctty 's 01rector or Pubhc Works t•r aes.gnee ~hall tnr.pect tht~ lmprovomunts and ccrttfy wtth spcctftrtty tl!> r..onfcrmlly or lack lht•reuf to the Ct t y's brx:CJftcohons . The Devb.oper c;hall make at correctil')ns n"'ceslK!•)' tc.. bnng l h~ lmprov~mcnts 1nto conror m1ty with tho C it y'~ spectl1cal 10ns Once app-oved by thP City's D•rector ot Publte Worlt.s 11-e Crty shall accept Sdtd lm prov~men l " lt~")n COOVI Y<lf1C(; prOVIded hoWOVOI II If~ en~ &hall not be obligat ed Ia accept IlK Public lmprovemt:!nls until the actual cosls desl'.rtbed 1n thts Ayl"e("tncl 1 nre paid sn full by the Developer 10 P~.!Q!:; Duvelopcr, at tiS e1pUf'lSfj sl1all r-.onllnuou!:tly lllcUnl .1tn adt:Qualt: !)I'Ot~lon of all tmprnvemonts from camdge pnor to accPplane<; b;, thn Ci•y and shah protect the Cet~•s pro~ny 11 om tnJury .m<J toss anstng tn r~nnec11on w1'h this Agreemcn• De\·eloper sh<.~ll make OOOd any s~Jt:.h damaqe InJUry or loss (.!XCI'pl such a& may bu wuscd dtrectly by autlton7ed aqents or arnplny~es o f the Ctt y Dtwclopr:r sh;tll.,iel.luoJIP., nroteet odtocent prur;erty . nd ~hall provde ann mmntaln all pussaqcway~ gudrd lenct:s IIOhls and other l artltli(;S l or proh;clton r<!Qusrerl hy pubt•c authority ut tnr.~l cond liOn!:. OPvetoper ~·hall t>c rcspoostblt:' 'or d.l!ll.j{}e to Any publtt. .md pnv~lt-; prop\:'r1 yon and arJjdcant to the <:tie o f DevalopP.r c; Improvement s t;au,.ed by neghgu•ll or .vtrful ac.t~ ol Dev(:loper, tiS agent& or subcot~tractors Developer !itlalllakc all reasc nahl~: ~Hun necessaty tu prevunt dnmnqe to pip~s r.onduits and other undurground struc t ure!> and to ovemC>ad w1res.. <1nd to \Vdter QL.al•l y Oovoloper shall prnt£:CI carP-fully from t.h:.t urt>anc"' nt li.:1mLtge aiii<Jnd mo11um1}nt s and property mari<s untt' an authNILecl aqent of'"~ Ctly I as \'.11t nesset1 o r o t hr rw•!.C re feren~d the1r locat•on. and shtlll not remove thEtrn unt tl dtrect ed When any drtuc t or 1ndtrect damaye or loJury is done to pullhc or pnvate propeny l>y or on account of any ac1 omt"iSton. neglect or m ls<;onduct tn the constrt1CI10n or Improvements. or 1n consequ once of the non~xecubon thereof on h•c; part such darn<~ged property shall he rt:stored by 06velopcr AI •Is. own e , pt:mse to " rond tttO n simtlar 01 eouol to that ex1stmg befor e such damdge ur m1ury Developer «hall at all tsme~. whetN>r or not so ~pe of•cally d tr ected b-y t he Otrcctor lake nuCCSSdl y precaUitOI'ts to Insure I he protection or the public Developer shall rurn1sh f'rect and rnatntatn l'lt it~ o""n axpensn all necessary barricades. sutlable aiXI suff•c1er1 red hqhts. con~lructton s.gns. provide t1 sufftctent number of watchmen, and take allnucess~ry prec;:~ultOnh for I he protectiOn of lh£ work and safely o l lhe public !hrough N around IHs cunstrucllon operai!OrtS as Oe\'elopar and tt-,c Om;, tor ~l!illl dP.nm 1 'i reasc.JMhly necessary U' 1 1 Rclatyl'j Cost, Pu~hc lmprow:m"!nt~ The Ocvetopt.r shan nmvilk .til necess:u,. eng.neenng destgns surveys, fot>ld ~rvcys. teshng and rnc•dental svi'Vlrcs related to the: construction or the Publte. l mnrovemt•nts al lie; sole cost and expc:"'se lndudtng ional drarnaqP. stud)' letter certtftcd accuratf! by d profeSl.IOtlal enq1nee• reorstcred 1n tht: Stat~ Jf C.,loratlo 12 lrnprovcmenls to be !be Prope!JV of !lm C•l\' AI: rubltc Improvements for road!> COilCictc curh and 9ultors publoc SIOIT'l sew~rs and puhh<-<Jralnage Improvements acceJ)ted by tho Guy shall he ded1cated to thr: C1ty and NarrantP.fl for a IIPFIOd of tw; nty-fnur (I'd) f'nf>nlh$ lullowang ,,q,opl.lnc.e lJy the C•l/. us provtded atJo.c 13 Performance Guen;ntee In oraer lo secure the con:.llucllon ;,nd mstallataon or the Pubhc lmprovemttnts tne O.!velor<·• ~h<~ll fumtsh rhe Clly. at th o Oevdopor'l. expense wttn the Pe-rlormanc;c~ Guar.mt~e OP~crlbCd here•n The Perlorrnai'Ct: Guaranreeprovluec hy the Developer $hall be an uruvuca!Jia le11e· of creda ttn v.h ch the C•l) 1S des1gne~twl ::ls beneficiary. for one hundred twenty·hvr! percent ( 125ti.,) or tho e!'ihmaled costs of Jw Public l mprovomen•s to ba constructed and lnstdllud IJ~ ~et forth In Exhi b i t C 1f appl•cable to ~tt.ure lh~ perhrmance ;;nd r.omniPhnn t>f lh<: P;.~bJic Improvements ~S rc-qurrcd b';l Se~.otlon 10.413 Serunty f, Requrred Improvement!> of l h~ Whoat R1ciQP. Subdtvi!\IOr Rf>gulallons I he C•ty may, 111 the hest mtorL~Is of the Ctly accept a!> a Perlormanc~ Guaranii!C hereund·•r an alternc;tL 'om o f l.e .. unt:, !:>UCh as a Perlormance Bond wtudlaltornatr rorm of securrty shall 1:'1& sut..,octto lhC: Ctly Atlomny s approval as to lhe rorrn anrJ content The DevP.IopPr <J!Jff'PS thnt approval ot thiS Agr umonl by I he C1lj' 15 conhnqent upon tt P Oe'lelop~:r s prov1s10n e1f an 1rrevo~ab c feller of eted•t of .JIIemat(! form or !.eCullly to thf1 Ctty wtlhln nulf:ty (90) days of the exocu110r1 of this Agreement rn lhf: amount and rom1 j')rovi<Jnd herein F arlure or th~ Devnloper In provtdt an trrovocahle te ller of credo! or alt~mato form of ~cunly to the C1ty 1n the ml'tnoor pruv1ded htrv• sill! II negate tne Caly·s approval of thl~ Agreement Provtded however. the Caly s Publtc Works Directors shAll be author•zed to extend thu n•nety •OO) day penocl for provldrno the l~tlor of cre;dtl o r othc• .•uthoP7ed SP.Cunty upon good cau~e sho•vn LP.tters or crcd•t stlall be subS1anllally tn lhe form and conte·nl sci forth 1n Exh i b i t 0 af apphcilble and sha I b~ !>Ub}8Ctlo ltle revrew JPO a~ prova or the Cuy Allomey The Oev~lope· sh:t'l not Stan :my construction of any publiC or pnvate tmprovemenl on the Propcny onclud1ng. but nol hrn •tttd to scakanQ, P.nrthwork, overlot qrad1ny or lhe prertlon or any strucltrre temporary or otherv..,~ unhl thl. C1ty has receavt::d and approvEJc.J lh1• urevoc.;i:Jble letter o' cred•l or nltcmntc form o f secu11ty The estrrnated COSIS Of thP. PubltC frT'provemeniS Sll<tl be .; frrJurc mutually agreed upon by tho Ou•Jeloppr and tht:-City's Otrector o f Pu1JI1c: Works. as set ronh '" Ex h i b i t C '' apphcablt! II however t hey Are l,nable to acrce. the D•rector of PuNic: Works e~hntalo ~h;•ll Q0\1 1JIIl after qtvmg constdt.ruhull :o mforma110n prtiVIdt:d t>y thr: Otweloper mcludtng , but rtolllm,led to ronc;;tructton contracts :lnd Angtt'lf'Ntng .'\ eshmaiL:~ ThP. purpose ot the c:os lt;;~!lmatc tS solely 10 dete11mne the anmunt of \ secu11IY No ref)resontahon!'. "'P m~dll as to th o c.~ccurAt'y of lhcse esltm;:,tes . and lhe Ot'"eloper agrees to 1 "Y lt"le 1c1ua costs or all ~uCh Puhhc lrnr rovemenrs J he esltmatcd cosrs of the Publir. lmprovomem~ may tncreaoo tn thu fu tu re Accord• mty lhf' Cit/ reserve<> t ile rtQtll to ro :row ano 1drust the cost esttnldla on ;m annual bas~s If !he Gtly adJu!'JS thP coc:J Psttmate lor the Pubhc l mproven,ent s. the C•IY shcl ll g:"t ,\'ntlnn notice to tht Ot:vuloper The Oe11e loper sn<tll wllh1n lhtr1y t301 days after rucctpt of ~rua \o\ntlen nollct!, provtde thO Ctly with a new or <~mendEt<J ielle of r.redtt or alternate form o f snr.u ntv tn IN: amoont nl t he adjusted co~t esumates If ltlc OlNPiop~r mfu<.PS 01 '"'''to ~>o pr.w1de the C1ty ,.,dh a new or JmenO~ l~llt•r ot creart or allornnte form of secunl y, the C rt y mr\y Cl(eru.;e lhe remedies provtdcd for •n t l us Agreenwnt provid~t.l . howev r that pnor to •nncustnq the amourt of ddd11tonal sccurtt 1 re(Jutred. l"'e Ctly Sh<.tll gtve credit to the 0e'lelo~r lor a u IO<!Uired Pub•IC l mprovem~nts whlrJt have actuAlly boon complch.:d so thot Jhe amount of :.et.1Jr1ty ~o•quired at all limes ~hall r~lale to the w~1 of mqlllred Publ•c lmpro\amcnts not yet con1-t ruct~d In the t> ;enl the Publ1c Improvements are flOI construr.:tcJ c.1 completer! \\1thrn the pcrtod ot ttmr ~peCif•ed by J,~a' ag•<~nh 9 or !I us Agreement or a wnthm extensiOn of ttme m~ttvalfy agr~P.O upon thC\ ponti!S to thr::. A greuro1ont the Clly mnv draw 011 the lel.ll<l o f ctl'dll or altemall'! 10111 of ~c .rnty to complete the Public lmnrr ... em<.!nts called lor u• tht~ Agreenwnl In the evPnt the lett or of c rodtlls to oxp1re wt thtn lourtoon ( 111 J c::~lendil r days and t:'le Oevt>lt.iiJ'~r nas not yet prov•<Jmi a sdlts'actory r eptacem~::nl . th e Cilt may f1r~w on the lettor of ~r~du niVf e:ttncr hot(! ::.""h lund$ i\S ~"<:unty for performance of thrs Agreernr:nl or spend such funds to fmic;.h ruhhc: lmprovernt!nts o r cmrect proiJiern<; \M!h the Pubilc mprovt:mcnts et~ •he Cttr deem~ appropnate Upen compiF!IIt 11 lf pt rfCJrmance o f sucn Improvements r.oncllllons ol'ld rctqutremoflls 'Mihtn t n.· reQuired hme lhl OL.r~: .lper sMII ssue an trruvoc:"lbl{! leiter ol creJtt or alternate form of security to the Clly nt thp. <~moun t or twenty-live percenlt25~, 1 of the tota l cost ul ton<.trucltOn and rnstallahon or the Put>c Improvements. to be h~;ld by H •I.! Ctly du11ng the warranty pEJno1 If t he Public lmrruvements ;m• not completeo w•lhut lhH requtrcd time . the monrt~ may llu usu110 complete the tmprovP.mt>nts 14 lntl ttrnntftt:.'li!Oil T o t he extent pormr tt ed by law the Developer shall •ndumntl y and hold harmiess th~ C 11~ ar d ti s oH1cers employees agunts or s~rvan ts from any 'ltld .,,, <;uti~ act iOns all\J cl:ums o f every nat ure and de:>cnplton c.-1used by, on3tnq from or on accounl ur lhf" Agreement any act or omission of the OevefopN or of ~ny other persotl or ent•ty for whoc;e ae1 or omr~ron lht 0Pvclopcr 1s hable wrtn e!>pect to the Pltbhc lmproverrP.t"s, and the Oovdoper shall pay any and all 1udgrncnls rendered agatnc;,l I he City as a result of any suit. ochon or cla•m. together w •th a•l •ed~onable e~pcnsP.~ and ~llorr:ey's te as mid CO!'Cs tnc:.~rred b)' tile Ctty tn defcndinn t\ (m·,-sur.h ~u•l <JCiton nr cla•m ,) The Develoru)r -:hat: PtJ)' all protJSrC~ taxc:-. on the Propc::ny dcdt .iill:U lu the Ctly and shalltndommft and hold harmles~ th~ Ctty lot any property tax llab•hly 15 Wil1ver of Oefe<ts In~ xecuung Ch tc; Agreemer11 lhl: Developer W<lt\'e~ all OIJJr:scllons 11 may h:lVP concemtng dofoc:ts tf any •n the formahtto~ where!Jy 11 '" ext::cuted. ar (;oncerniPg the power of tt"le C1ty to trnpose condrllons on t he Developer ••s S€1 forth herern, and concerntng lho procedure suhl>lan::c . (lnd form or the ordmance:> ur rosolultonc; Mlopltng tht~ Agreumonl. 1fi Thtrd Party Benehooncs There: am .md !'h,lh ~no lhtrCI party heneftciones to lh•5 Agreement 17 ModtfK.ations This InStrument ornuodir.s th~ whole agreem~::nt of the Partres There c:1re no promt5C:S. l orms condtiiOn:. or obliyattons other than those c.onl111n•:d hNe n and th1s Agreement shall supersedt a I prc;v ou!> r.ommun1cauons . represanl<.~hofls or agreeml:!nts. e1111t:;r verhal or wuttC'n between the partu~s T•wrc shall he no modtficatton of lh1s Agreement except 1n wnHng C:xt>c'lllt:d 1.\~th the s3me lorm<lhlu!s <lS tnts 1nWume. 11 Sub Jed lo the cond hons ore• udal'' herc1n lh1s Agreamor:t m,,y be cnforcad tn any t;Ourt or UJIItiM!Ienl jurtsdtch<m 18 R~least:yf Ltabo ltty It ts t>xpre!-~ly unJerstOO<I that the Ctty canna· be legally IJound by the represeotattom. or an}' of •ts agent~ or their d!isrgneos excc1)t 1n accordanou Wtlh ttl& Cily or Wheat R•dge Codt:: or Ommances and the Ia~ of ltv> Slat1 of Cotorndo 19 C_<.!Qhons fhe c.ap lton~ Ia lhts Agreement .. re lnsened only for thC> purpose cr corwenrF-nl referPnce and tn no way dr!ftne llmll. or prescrtb£1 II •~ scope or •ntent ul thiS A~reerr unl or <my IJdtl lhl:!reot .:c Btndtng Effect Thts Agrel:!mcnl shal oe bt~'td•nq upon and 10ure 10 the t ,enef•l of th o pan•es l1oreto :md tho•r respective hotrs suct.f~ssflls and asstgns as the <'.nse may be 21 . No Walvllr No watver 01 any or lhe prOVISions or lhts A{lltt&IT1P.nl ::;hall be oeemcd or constitute <1 watvt:'r or f.ny other prov•s•ons hor~ '" nor :.hall such watv~r ~onslttu te & contsnutng warvor unless otherwtse expressly provided nor shal rne waw~r of any defattll hL't ~utufar be deem~d a watvor ol any subseq~tenl default hmeunder 22 tnvar ,u Provts1on If any provtsron of l h•s Agrol'!ment '-thall bu determined 10 l.Je vo•d by an) coun of competent Jurtsd tcuon then such detorrntnahon s~all not affect any othc~r proVISIOn heoroof. all of lhe other pro·IIStans shallremclln 1n fuL force and effucl It b the ntent Jn of the Part•~ thalli :my prOv•srnn o f tnis Agr~:c:m~·,tt~ r.c.~pablt! (\ of two construc.ltons. u11e of whkh would r~r1CI~r lht1 pro .. t~•un vo•CI. and the otht!l whtch WC'Uid rcnt1er thP provtston v:lhd . thun the prOIItSIOn shall have lho mu;vuna whr-h tendurs '' vahd 2.3 ~ovetn!!HJ l a~~ T-,e la.Ys of the State o f Color :ulo ~ha 1 gov~ttl tho \ C vallrliiY. performance and enforc:.mant of l hrs Aqrc;emt1nl ShCiuld ~ilher party 1nslilulo \ !eQat sutl or actiOn tor Pnfnr l"mL·nl of <Jn)' ntllgatlon COI"Iatned ttcrcrn venue ul sucn surt or actton s.nalllu. '" Jertcrson County, ColurMo 24 /\ltome~ F~ Shmild thrs AqrPem£-nt bocomo the subJect of htf9alton to resolve a cla1m •A defAull or pertormanet: or p•'\yrncnt by the DevelopP.r a r J a court ot ('omoctert run~lhcllw ltnd:. 111 ra .. ·or or the Crty lh\; Developer !>hall pdy the Ctl~ ~ i'lll(lfll~y·s fP.es <H'Id court c.os ts l5 ~!.Q£ All nottces re:qurrttd undm thrs Agr~ment shall Le rn wrrtlng and !'<hall he Mnn rlehvurQCj or sunl h'r' rcg•::tcred or c~:rt1hed 1l<til tl'lurn r ecetp\ requef>tE:d po~t.Jge rweDDI, to the a11dressas of tht. panu~s hera1n !tel forth All notrees so grven shall tJe t.:onstdf'rcd pffP.chve se'llenty-lwo (72) hot..~ A'lf. r depos.t tn the Umted Srt1tes mail \\llh the PIDPtH JdOrc!>:.; a$ ~PI forth bekM• E1ther party by nohce sa gtVen nay r.lli:UH:Je llli> ad<J r'!ss to wh•ct• future notices shalll>u ~en ! Nuhca 10 Developer Rennwat Whent Rtdge c/o Board Chatr and/or lJRA Manager 7500 W 29~ Avonue WhAilt RttJqe CO 8033 1•m Paranto Dune tor of Pubh: Wor1<s 7500 \',est 29' Avonu<> Wnem R1dge co 80031 26 force Mau=wrt:.~ Whenever the DeveiOIJCrt!l required to comptote tlu.: con&tructto"l, rcpa1r, or rept;tUJmfjnt of Puulu lmpro"ernonts b~ an a{~rced deadh'l~ the Dev.:-loper ~flail t.Je enltlled to an ext ensiOn of lime equal lo a delay m compteung tne roregotnq due to unfomsecable r..;~uses t,;eyond tho contr•)l find Without the fault~.: r neyhtwnrP o lthe De·,ctopcr inct v~tng but not restr r tPd to acts nf God, v.eathcr lrres and &trtket; 27 As~tgnment or AsstQnmenlj Them shall be no transfer or a-.c;tgnn ·nt or any or the nghts or obhg<iltUn~ of the D evelOper under thrs AqrePment Wlthoul lit pnor wntltm appro,·al or toc Ctty Prov10ed . however the Crty C"xpressly consenlr. to performance of lhP. oiJhyCfiiUn'> of the o~velopor by Weston SoiUIIDrn>. Inc pUISUi101 to that Amended and Restater1 Mast er Redeveloprnenl Agreement datf!d Decombot 7. 2010 antl that lnfrastf\J~;tura Improvement Agreement daldd January 18 2011 28 Rt•curdlng of Agruemct'll Thl~ Agreement sha ll l>t-n~cordca m the real estate records o l JetfPrson C!lunty and ~'"lall bb a ttJ•Jenant runntrlg w11tl lhu Pr:~peny .n oruer to pul p rospec11ve pu rchA~s or o ther tnterel>led part t<!S nn noh"t> as to the tcr~•~ ~ and provtS•ons h~>rPof \ 29. Ttlle and Authonly The OevQiopur R enc, .... ar V'vheat Rtllgt:. e>.pressly warrnntc; 'lM r epre<:>t:tnl s to the C11y I haiti tS the record owner of the property const.lut1ng t he Property and runhcr represents and warrant~ tog•·U1cr with the understgned mdtvtc1unl (s) lhat lhe unders1gned !flcii'Jidual(s) has o r havu fu ll power and authont,'IO enter 1nto lh•s SubdiVISIOn l mprovem~nt Agrccm•·nt The Dl;~telopet m<1 t ho unciusignM:l indMdu<tl(s) under::.:anrt that the Ct ty 1S rely•ny on sw h rr •pres~n t allons and warr a nlle~ 1n cnterinq 1nto th·~ Agreement WHEREF ORE the p::utte>s hereto have executed th1s Agreement on the day anr1 yt:J <Jr l1rst above v.ntten CITY OF WHEAT RIDGE COLORADO By ATIEST ~ M chilc:t Sr~<m Ctty C l et1< 'c' fh·t,... {ttl\tt l1lf CfO U' "·U~ h O II·•(\ ,_IJ f•dt It,,.," •n:11 ll•fU"t"\•• ... 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