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HomeMy WebLinkAbout01/28/2003AGENDA CITY OF WHEAT RIDGE URBAN RENEWAL AUTHORITY January 28, 2003 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewai Authority on Tuesday, January 28, 2003, at 7:00 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - January 13, 2003 4. Public Forum (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 5. New Business A. Review and Public Comment on Relocation Policy 6. Old Business 7. Other Matters 8. Adjournment / MINUTES OF WfIEAT RIDGE URBAN RENEWAL AUTHORITY January 13, 2003 5:30 p.m. 1. CALL THE MEETING TO ORDER The Wheat Ridge Urban Renewal Authority meeting was called to order by Vice Chair Kandi McKay at 5:48 p.m. The meeting was held in the second floor conference room of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Cotnmissioners present: Comxnissioners absent: Vance Edwards Elwyn Kiplinger Janet Leo Tom Mallinson Kandi McKay Norm Burkpile John Hall Mazy Hashem Margy Platter Also attending: Jim Windholz, Urban Renewal Attorney Alan White, WRURA Executive Director Arne Ray, Szymanski/Ray Steve Szymanski, Szymanski/Ray Crretchen Cerveny, Mayor David Schneider, City Council Robert Wallace, Citizen Chuck Mandril, Citizen Roger Loecher, Citizen Ann Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES The minutes of the regular meeting of December 2, 2002 were presented for consideration. It was moved by Elwyn Kiplinger and seconded by Vance Edwards to approve the minutes as presented. The motion passed unanimously. 4. PUBLIC FORUM Vice Chair McKay asked if there were any present who wished to address the Authority at this tune. There was no response. WRURA Minutes Page 1 01-13-03 It was moved by Vance Edwards and seconded by Elwyn Kiplinger to move item numbers 7, 8 and 9 to item numbers 5, 6 and 7 on the agenda. The motion passed unanimously. 5. NEW BUSINESS Mayor Cerveny. addressed the Authority regazding vacancies on the Authority. She also reported that several members have indicated that it is extremely difficult to attend 5:30 p.m. meetings. John Hall indicated to her that he does not wish to confinue serving on the Authority, however he would be available for fmancial consultation. Elwyn Kiplinger also indicated that he does not wish to be reappointed when his term is up. Kandi McKay informed the Authority that she will be moving to Westminster in April or May for a period of tune, but will continue to maintain ownership of rental property in Wheat Ridge. Mayoi Cerveny will bring the matter of Authority members living outside the city limits before City Council far discussion. There was a consensus of the Authority to change Urban Renewal Authority meeting times to Tuesdays at 7:00 p.m. 6. OLD BUSINESS In response to questions from Authority members, Alan White presented the following updates: ■ The gas station at the 38'h and Sheridan King Soopers is under construction ■ Ace Hardwaze should receive a certificate of occupancy at the end of the week. • A restaurant is planned for the TCBYbuilding. It was apparently sold to the restaurant business. • The Board of Adjustment granted a reduction in required landscaping to the bar at 44"' and Wadsworth. 7. OTHER MATTERS There were no other matters to come before the Authority. 8. EXECUTIVE SESSION It was moved by Elwyn Kiplinger and seconded by Tom Mallinson to adjourn to executive session under C.R.S. Section 24-6-402(4)(e) for the purpose of determining matters that may be subject to negotiations, developing strategy for negotiations and/or instructing negotiators regarding the 44`" and Wadsworth project area. The motion passed 5-0. i WRURA Minutes Page 2 01-13-03 It was moved by Elwyn Kiplinger and seconded by Vance Edwards to adjourn to executive session under C.R.S. 24-6-402(4)(b) for the purpose of receiving legal advice regarding specitic legal questions related to acquisition and relocation issues at 38th Avenue and Sheridan Boulevard redevelopment project. The motion passed 5-0. Robert Wallace 3749 5heridan Prior to adjourniug to executive session, Robert Wallace addressed the Authority to express concern about what would happen to his property and asked to know the status of relocation policies. He stated that he had received no notification as to whether or not his property would be involved in the urban renewal process. Mr. Windholz explained that development of a contract with Walgreen's is in process and acquisition of properties will be a part of this contract. Further, the Authority will review the first draft of the relocation policies during executive session. Once input has been received from the Authority, the policies will be presented during a public meeting. This public meeting should occur within the next few weeks. Mr. Wallace also asked which specific properties were considered blighted. Mr. Windholz suggested that Mr. Wallace obtain and review a copy of the blight study. Mr. Windholz also explained the RFP process. Robert Wallace, Chuck Mandril and Roger Loecher left the meeting at this time. Alan White and Jim Windholz stated that Mr. Wallace had received all proper notification. He was also contacted by Katie Press and their conversation is a matter of record. Vice Chair Kandi McKay adjourned the regulaz meeting to go into executive session at 6:19 p.m. Those present for the executive session were: Vaiice Edwazds (left session at 6:30 p.m. and retumed at 6:42 p.m.), Elwyn Kiplinger, Janet Leo, Tom Mallinson, Kandi McKay, David Schneider (left session at 630 p.m.), Alan White, Jim Windholz, Ame Ray, Steve Szymanski, and Ann Lazzeri. The executive session was adjourned to the regular meeting at 7:02 p.m. 9. ADJOURNMENT The next WRURA meeting will be held Tuesday, January 28, 2003 at 7:00 p.m. in the City Council Chambers. WRURA Minutes Page 3 O1-13-03 It was moved by Elwyn Kiplinger and seconded by Janet Leo to adjourn the meeting at 7:06 p.m. The motion passed unanimously. Kandi McKAY, Vice Chair Ann Lazzeri, Secretazy C WRURA Minutes Page 4 01-13-03 3`d DRAFT January`03 WHEAT RIDGE URBAN RENEWAL AUTHORITY RELOCATION POLICIES FOR THE REDEVELOPMENT PROJECT 9T 38"H AVENUE AND SHEERIDAN BOULEVARD February 2003 1. PURPOSE/APPLICATION. To specify the relocation policies of the, Wheat Ridge Urban Renewal Authority (the ")WRURA") as provided in the 38`h Avenue Corridor Redevelopment Plan on October 22, 2001 approved by the City Council of the City of Wheat Ridge (referred to herein as the Plan), the WRURA hereby adopts these Relocation Policies. These Policies describe requirements governing the provision of relocation payments and benefits to persons and businesses displaced as a result of acquisition of property pursuant to the Plan. These Policies apply to the Redevelopment Project (Project) at the southwest intersection of 38h Avenue and Sheridan Boulevatd. 2. SCOPE. A. Relocation Plan. These Policies aze derived from and are an extension of the relocation provisions ofthe Plan in compliance with the Urban Renewal Law. The specific provisions ofthese Policies sha11 govern and control over the general provisions of the Plan in the event of conflicts between the documents. B. Nature of Pa.ments. The WRURA recogiuzes that relocation payments are administrative in nature and aze required to the extent provided in these Policies, the Urban Renewal Law and other applicable law. Therefore, the determinations of the WRURA regazding eligibility for and amount of relocation payxnents made pursuant to these Policies sha11 be matters of discrefion of the WRURA. No federal or state funds aze being utilized by the WRURA related to this Project or to make relocation payxnents. C. No Contract. Nothing in these Policies shall be construed as an entitlement or a contractual or promissory obligation to make relocation payxnents. Subject to the provisions of paragraph B above, payments made pursuant to these Policies are at the discretion ofthe WRURA. D. Sepazate from Acquisition - No Duplication of Pa qnents. It is the intent of the WRiJRA in adopting these Policies that all payments, benefits and services available in these Policies aze to be classified as relocation benefits and are sepazate from and shall not be a duplication of anybenefit or payment due as a result of acquisifion of real property or which a Displaced Person, Business or Relocatee would be eligible to receive by negotiation or pursuant to the eminent domain laws ofthe State of Colorado, or any other payment received pursuant to law. Except as provided in Section 6 for residents, there shall be no duplicarion of payments for acquisition and for relocation. E. Relocation Benefits Personal to Each Person or Business. It is the intent ofthe WRURA to administer the relocation program of the Plan in a uniform manner with regard to all persons and businesses displaced. However, the WRLJRA recognizes that difFerent circumstances and needs for relocation exist for each individual person and business displaced by the Project within the Redevelopment Area. Therefore, the WRiJRA shall assist each person and business to relocate individually. The amount and extent of relocation benefits shall be determined by the WRURA on an individuai basis. Benefits may not necessazily be compazable with relocation benefits of other persons or businessesto be displaced. 3. DEFINITIONS. The following definitions shall be used by the WRURA in interpreting the payments and benefits available within these Policies: A. Action bv the WRIJRA. Any lawful activity undertaken by the WRiJRA, its agents or assigns, or one operating pursuant to an agreement with the WRURA. B. Business. Any lawful activity, that is conducted primarily for the parchase, sale, lease or rental of personal and real property; or for the manufacture, processing or mazketing of products, commodifies or any other personal property; or is conducted primazily for the sale of services to the public; or is conducted by a non-profit organization. This definition shall not include owners and operators of public utilities, such as electrical, gas, cable, telecommunications, telephone and related service facilities. This defurition shall not include outdoor advertising displays, which aze intended to be acquired as part of the real property acquired by the WRiJRA. C. Displaced Person, Business or Relocatee. Any person or persons who move(s) from real properiy or moves his/her personal property from real property which is acquired as a result of the WRLIRA's acquisition of such property for the Project. If such person occupieil such real properiy on the date of delivery of a Norice of Intent to Acquire Property by the WRi.7RA and otherwise complies with these Policies, such person is considered to have been displaced as a result of the WRURA's acquisition. No owner of property shali lease premises within the Redevelopment Area to a tenant a$er receipt of the Notice of Intent to Acquire Property from the WRURA without advising such tenant in writing that the property shall be acquired by the WRURA, that the tenant must vacate the properiy by the date stated in the notice, and that such tenant shall not be eligible for relocation benefits as provided herein. A copy of such notice must also be provided to the WRURA. The following persons shall not be considered displaced: 1. A person who did not occupy real property in the Redevelopment Area on the date of receipt of the WRURA's Notice of Intent to Acquire Properly. ~ 2. Any person whose property was acquired by the WRURA for this Project. 3. Any person who moves before receiving a Notice of Intent to Acquire Property. 4. No person shall be eligible for reimbursement for expenses of more than one move, except as may be approved in advance in writing by the WRLJRA in relarion to a required temporary move. D. The 38th Avenue Corridor Redevelooment Plan. The urban renewal plan for the 380 Avenue Corridor Redevelopment Area (urban renewal azea), was approved and adopted by the City Council of the City of Wheat Ridge on October 22, 2001, as the same may be amended or modified by City Council from time to time. E. Fair Mazket Value. The value recognized under the eminent domain laws oftYie State of Colorado as the appropriate measure of consideration for the acquisition of property. F. Goodwill. Special advantage gained by a Business resulting from its reputation or customer relations distinct from value of its stock or other assets resulting from an established course of commercial activity, and which is impaired specifically and directly related to the relocation of such Business by this Project. G. Lost Profits. The net profits which a Business loses specifically related to its inability to conduct business during relocation of the Business. H. Non-Profit Oreanization. A corporation, partnership, individual or other public or private entity that is engaged in a lawful business, profession or instructional activity on a nonprofit basis and that has established its non-profit status under applicable federal or state law. I. Notice of Intent to Acqnire Propertv to Occupant. The written notice by the WRi.)RA to the owners and/or occupants of the property that the WRURA intends to acquire/purchase for the Project. J. Notice of Intent to Acquire Propertv to Owner. The written notice by the WRURA to the owner to acquire real property for the Project. Such notice shall contain an offer to purchase the real properly for the amount determined to be just compensation by the Boazd of Commissioners of the WRURA and may include a copy of an appraisal of value thereof obtained or utilized by the WRURA. Such notice shall also designate a date by which the property must be vacated. K. Notice to Relocate. The written notice from the WRURA to an owner, relocatee, resident, tenant or business that it must move from its current location in the Redevelopment Area. Relocation shall not be required upon less than 30 days notice (60 days notice for tenants of residences) and shall not be required until the WRLJRA either owns or has legal possession of the real property from which the owner, relocatee, tenant or business must move. A Notice to Relocate and negotiaTions concerxiing relocation may occur at any time. L. Obsolete Personal Propertv. Personal property such as, by illustration only, stationery, business cazds, signs, and business forms which are rendered useless to a relocating business because such items refer to the address of the business prior to relocation and cannot be re-lettered or otherwise corrected to reflect the new location of the business. M. Outdoor Advertisine Displav. Any type of outdoor display which is permanently affixed or attached to the ground or a building and used for the promorion of the sale, resale, manufacture, processing or mazketing of products, commodities, personal properry, or services whether or not such display pertains to the prexnises on which it is located. For the purposes of Section 5. A. below, only an outdoor advertising display shall be deemed a business. N. Owner. Any person(s) who owns fee simple title or a life estate in real property to be acquired for the Project, or who holds any other interest which, in the judgment of the WRLIRA, warrants consideration as ownership. 0. Person. Any individual, partnership, corporation, trust or association. P. Personal Propertv. Tangible property which is classified by the WRURA as personality under Colorado law, is owned by the relocatee, is located on real property to be acquired, and is not purchased by the WRURA in the acquisition of such real property. Q. Project or Project Area. The portion of a Redevelopment Area being redeveloped in a specific project. The Project Area is located at the northwest portion of the intersection of 38`h Avenue and Sheridan Boulevard as described in Exhibit A hereto. R. Real Propertv. Property that is classified by the WRURA as realty under Colorado law, for example, fixtures which cannot be moved at a reasonable cost: Relocation expenses shall not be reimbursed for fixtures and other items ofreal property which have been purchased by the WRLJRA in connection with its acquisition of the reaity from which a displaced business is moving. S. Redevelopment Area. See Urban Renewal Area. T. Redevelopment Project or Project. The Project for the redevelopment of aportion or all of the Redevelopment Area as it is described in the Plan, as may be amended. U. Relocatee. The tenant, occupant, resident or business of real property who may be eligible for relocation benefits. V. Relocation. The transportation of personal property of the relocatee from one location in the Redevelopment Area to a different location outside the Redevelopment Area or, subject to approval by the WRURA, within the Redevelopment Area, by the owner of said proper[y, for the purpose of using the property at the new location in the same manner it was used within the Redevelopment Area. For purposes of these Policies, a business shall not be deemed to be relocated unless the business personal property located within the Redevelopment Area is moved to another 4 location for use in the same or similar business owned and operated by the person(s) that owned the business within the Redevelopment Area. W. Relocation Administrator. The person appointed by the WRURA who is responsible for administering the provisions of these Policies. X. SalvaQe Value. The probable sale price of an item, if offered for sale on the condition that it be removed from the real property at the buyer's expense, allowing a reasonable period of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used. This includes separate use of serviceable components and scrap when there is no reasonable prospect of sale except on that basis. Y. Tenant. A person(s) who rents or who is temporarily and lawfully in possession of an interest in real property, who may also be refened to as relocatee, resident or business. Z. Urban Renewal Area. The azea described in the Plan within the jurisdiction of the WRURA and within the City of Wheat Ridge, also referred to herein as the Redevelopment Area. AA. Urban Renewal Plan ar Plan. The 38`h Avenue Corridor Redevelopment Plan, also known as the Plan, which was approved and adopted by the City Council ofthe City of Wheat Ridge on October 22, 2001, as the same may be amended by City Council from time to time. 4. GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDUI2ES. A. No Duplication of Pa i. No displaced business shall receive any compensation for relocation which, in the opinion of the WRURA, would substantially duplicate the compensation which was received or which an owner or displaced business is eligible to receive under the applicable laws of eminent domain or under any other applicable laws or regulations. Under no circumstances will there be a duplication ofpayments for acquisition ofproperty and for relocation. B. Conditional Right to Relocation Benefits. No relocatee shall have a right to any relocation benefits provided herein until after the date the WRURA mails or delivers a Notice of Intent to Acquire Property to the owner and/or the tenant of the property from which the relocatee is moving.. C. Least Cost Ap rp oach. The amount ofpayment for an eligible relocation expense shall not exceed the least costly method, as determined by the WRLJRA, of accomplishing the objective ofthe payxnent without causing undue hazdship to the displaced person or business. D. Determination of Elieibility for Relocation Benefits. The WRI.JRA may designate a person as Relocation Administrator, who shall have the primary responsibility for establishing eligibility for specific relocation benefits and the amount of payments to be made in accordance with such eligibility in accordance with these Policies. Appeals from the deternunation made by the Relocation Administrator shall be deterxnined in accordance with Section 10. of these Policies. E. Documentation. Any claim for a relocation payment shall be submitted to the VvRURA and supported by such documentation as may reasonably be required bythe WRLJRA to establish the accuracy of expenses incurred, such as bills, statements, invoices, bids, certified prices, appraisals, or other evidence of such expenses. F. Time for Filine. All claims for relocation payment shall be filed with the VvRURA within 30 days after the move is completed, unless, for good cause shown, this time period is waived or extended in writing by the WRi.7RA. The move shall be deemed to be completed on the date the relocatee removes all of its personal property from flie site, or the date of the WRURA's acquisition thereof, whichever date is earlier. After the 30-day period has expued, the relocatee shall be deemed to have waived all entitlements. G. Multiple Tenants of One Place of Business. Two or more disrinct business entities, as determined by the WRURA, occupying a single place of business aze each entitled to actual reasonable moving expenses, as determined by the WRURA, as weli as the other benefits provided to business owners by the Plan. Benefit payment for items owned or leased jointly by the tenants shall be paid jointly to the tenants, unless another arrangement is mutually agreeable to a11 of the tenants. The WRLJI2A shall not be responsible for the distribution ofsuch payments among the tenants. H. Pavment of Benefit. The WRURA shall pay relocatee one-half of its total relocation benefit upon the execution of an agreement between the VvRURA and the relocatee for relocation. The remainder of the benefit shall be paid upon the relocatee's completed move from the Project Area and written verification of all costs incurred to the reasonable satisfaction of the WRURA. Such payments may be made jointly to relocatee and any third party perfomung services for the relocatee related to its move from the Project Area at the discretion of the WRURA. In the event relocatee provides lien waivers or receipts from such third parties, the WRURA shall make the relocation payment to relocatee. 1. Set Off for Claims. The WRURA may withhold any part or all of a relocation payxnent to a relocatee to satisfy an obligation or debt of the relocatee to the WRURA or the City of Wheat Ridge. J. Burden of Proof. Claimants shali have the burden ofproof to establish eligibility for, and amount of, any relocation payment claimed hereunder. K. Tune for Movine. All claimants must complete any relocation from their current sites by the date specified in the settlement agreement with the WRURA; however, if no settlement is achieved, within 30 days (60 days for tenants of residences) of receiving written notification from the WRLJRA to relocate ar within such additional time as the WRIJRA may determine and specify in writing. L. Ineligible Tenants. 1. Owner's Obligation to Notifv New Tenants. No owner within the Urban . Renewal Area shall lease premises to a tenant after the owner's receipt of the WRIJRA's Notice of Intent to Acquire the property without giving prior written notice to such tenant that the properiy is being acquired by the WRURA and that such tenant sha11 not be eligible for relocation benefits from the WRURA. A copy of the owner's notice to the tenant shall be delivered to the WRURA. 2. Cateeories of Ineli ibilitv. The foltowing occupants, tenants, renters, residents or businesses shall not be eligible for relocation assistance: a. One wkuch does not occupy real property in the Project Area on the date of the WRURA's Notice of Intent to Acquire the property. b. Anyone who moves before receiving a notice to relocate by the WRURA, if such property is for any reason not redeveloped pursuant to the Redevelopment Plan. c. A subtenant of a tenant, unless such subtenant demonstrates, with documentation satisfactory to the WRURA, that it is a sepazate legal entity from the tenant and otherwise satisfies the eligibility requirements of these Policies. d. Anyone who the WRURA detemunes had prior plans to relocate for reasons independent of the project for which tlie WRURA is acquiring the property. e. Expenses of relocating outdoor advertising displays and public utilities aze not eligible for relocation payments hereunder. £ Multiple lease agreements for different leasehold azeas shall not be considered multiple tenancies if the WRLJRt1 determines, in its sole discretion, that the areas aze operated as a single business. g. Any displaced business which is operating in violation of applicable law shall not be eligible for relocation expenses. This shall include, but not be limited to, businesses operating without required licenses or in violation of applicable land use laws, regulations, building and zoning codes. h. Any business which has not occupied the properry for 180 days prior to the date a court grants possession of the property to the WRURA if an action in eminent domain is initiated by the WRURA. i. Any business whose tenancy or right to possess any portion of the property is terminated because of either (1) the expirafion of the term of its right to possession; or (2) contractual termination of such right to possession. j. Any business to whom the WRURA made a good faith offer to retain as a tenant or owner in the Project and which business deciines such offer. k. Public utilities are not eligible for relocation payments. 1. Any business which fails to complete its relocation in the tune specified. 5. BUSINESS RELOCATION - ELIGIBLE EXPENSES. Relocation shall include the following eligible expenses: A. Professional Services, Insurance and Transportation. A displaced business shall receive a sum of $1,000.00, plus $.50 per squaze foot for the net leasable area of the building in excess of 3,000 square feet, not to exceed a total payment of $5,000.00, to cover any expenses incurred in the following categories: 1. Professional services, including but not limited to, reaitors, azchitects, brokers, planners, engineers, and consultants hired for such activities as finding a new location, negotiating a new lease ar purchase of the new location and planning the move of the personal property. Professional fees, such as attorney's fees, incurred in connection with representing the displaced business in preparing a location claim or in contacts or proceedings before the WRURA or other entities, such as courts or arbitrators, including administrative, legal proceedings or litigation, shall not be eligible for reimbursement. 2. Liability or casualty insurance in connection with the move and any temporary storage. 3. Transportation expenses in connection with relocation. B. Moving. Packing, crating, moving, unpacking, and uncrating personal property based on customary and standard rates of storage as determined by the WRURA. C. Temporarv Storage. Storage of personal property as the WRURA determines to be necessary, to be paid on the maximum basis of $0.25 per square feet of net indoor leasable space. D. Reinstallations. Disconnecting, dismanfling, removing, reassembling, and installing relocated and any substitute machinery, equipment and other eligible personal property, based on customary and standazd costs as reasonably determined by the WRURA. This may include connecting to utilities available at the new rate and modifications necessary to adapt such property to the replacement structure ar to the utilities or to adapt the utilities to the personal property. A displaced business sha11 be eligibie for payxnent of these expenses only if it provides ( to the WRURA a list of property that is to be disconnected and reinstalled at the replacement location by the date set for submission of the list by the WRURA. Notwithstanding the foregoing, the maxnnum eligible benefits for reinstallations shall be based upon $10.00 per square feet of net indoor leasable space. E. Licenses, Printing and Advertisine. The minunum sum of $1,000.00, with a maximum sum of $5,000, to be paid on the basis of $0.50 per square feet of net indoor leasable space for expenses incurred in the following categories: 1. Any license, permit or certification required by the displaced business at the replacement location. 2. Advertising, re-lettering signs and printing materials such as stationery and business cards made obsolete as a result of the move. F. Substitute Personal Prooertv. Purchase of substitute personal property, which is used as part of the business and cannot be reasonably utilized or adapted for use at the new location, but is promptly replaced with a compazable substitute item at the replacement site. The displaced business is entitled to payxnent of the lesser of the cost of the substitute item, including installation cost at the replacement site, less trade in of the replaced item, and less any sale or salvage proceeds if any. Personal property which must be upgraded to comply with health or building codes or other applicable regulations or which has no value or minimal value, as determined by the WRLJRA, is not applicable to this Section. G. Real Properiy Fixtures. A displaced business shall not be compensated for loss of real property fixtures installed on the premises to be vacated unless the business provides evidence satisfactary to the WRURA that the business installed the fixtures and that the business or the tenant, not the owner of the premises, owns the fixtures. If such evidence is provided, the value of the fixtures will be established by the WRURA, subject to reduction for depreciation. The value reimbursed to the business shall be only for the business's remaining lease term and options, if any, in the premises. Notwithstanding the foregoing, the maacimum eligible benefits for fixtures shali be based upon $15.00 per square feet of net indoor leasable space. H. Goodwill and Lost Profits. Displaced businesses may request a sum for lost profits and impaired goodwill. Benefits for lost profits shall be based upon the average monthly profit of the business as reflected on audited financial statements for the previous three full calendaz years and supported by or based upon federal and state taac rehuvs for such three yeaz period. Reunbursement for lost profits shall be limited to 75% of the average monthly profit as reflected on the audited financial statements for a maximum of three months. The WRT_TRA may make a payment at the discretion of the Relocation Administrator for unpaired goodwill based upon a request by a business documented with verified evidence of the nature of and reasons foi impairxnent of goodwill. Payments for impaired goodwill shall not exceed $3,000.00. I. Notification to the WRL7RA and Inspection. To be eligible for payment under this section, the displaced business sha1L• l. Permit the WRIJRA to make reasonable and timely inspections of the personal property at the displacement and replacement sites. 2. Provide an inventory of all personal property expected to be moved within 30 days after receiving a Notice to Relocate from the WRURA and, if the business is a tenant, a list of all real property improvements made by the business which are affixed to the real property and belong to the owner. J. Cessation of Business - Delav. If a business determines to cease doing business, it shall be eligible for benefits based upon the following maacimum sums: For indoor retail floor space: $10.00 per square foot; For indoor storage space: $3.00 per squaze foot; For office space: $5.00 per squaze foot; For outdoor retail space: $030 per squaze foot; For outdoor storage space: $0.13 per squaze foot. If a business delays relocation, it shall be eligible for benefits of $5.00 per squaze foot of net indoor leasable space at the time of closure of the business. Thereafter, the WRi.JRA will calculate the total eligible relocation benefits available for the business and pay any additional eligible relocation benefits when it commences business at the relocated site. If such finally deterxnined relocation benefits are less than $5.00 per squaze foot of net leasable space, no refund will be due the WRURA by the business. Relocation to a site at a distance of 25 miles or more, or to a site that involves extraordinary costs (as determined by the WRURA) shall not be eligible for additional or extraordinazy relocation benefits. 6. RESIDENTIAL RELOCATION - ELIGIBLE EXPENSES. If residentiai tenants ar renters aze displaced through property acquisirion by the WRURA, such tenants shall be eligible for the following relocation benefits: A. A finder's fee of $750 for locating and securing a replacement dwelling unit, within a 25 mile radius in which the dispiaced resident desires to locate. B. If tenant is a renter, a one-yeaz rent differential necessary to lease (discounted to present value) a comparable (as reasonably determined by the WRURA) dwelling unit, within a 25-mile radius. 10 ~ C. If tenant is an owner, loan discount points not to exceed 1% pr $1,500.00, which ever is less, to discount a mortgage to a principal and interest payment on a loan balance equal to the existing loan balance principle and interest payment on any mortgage. D. Achxal costs, established by competitive bid, associated with packing, crating, boxing, moving and transporting all personal properry for a distance of not more than 25 miles to a replacement dweiling. E. Insurance of personal properly for moving. F. Temporary storage not to exceed four months. RELOCATION SETTLEMENTS. A. Securitv Deposits. If a tenant has paid a security deposit to landlord or property manager for a lease on properiy to which the VVRURA is taking title or possession, the WRURA shall reimburse such deposit to the tenant after the deposit is paid to the WRURA by the property owner, manager or landlord. B. Rent Payment and Abatement. Upon settiement of relocation benefits, a tenant shall assign its lease to the WRLJRA, which wiil assume all payments due under the lease from the date the tenant vacates the premises until the WRURA takes possession of or title to the properiy and such payxnents are no longer due to the landowner or its agent. If the WRURA has possession of or title to the property, a tenant may elect to have its rent abated from the date of execution of a settlement agreement with the WRURA until the tenant's agreed upon date of vacating the premises. If the tenant fails to move out by the agreed upon date, the tenant sha11 resume paying rent to the WRURA. If rent is abated while the tenant continues to occupy the property, an amount equal to the abated rent shall be deducted from any rent subsidy to be paid to the tenant by the WRi JRA. Any unpaid rent owed by the tenant to the WRURA shall be deducted by the WRURA from the final settlement payment to the tenant. 8. INELIGIBLE MOVING AND RELATED EXPENSES. A. Ineligible Costs and Expenses. A displaced person, tenant of aresidence or business is not entided to payment for: 1. Cost of moving or reconshucting any structure or real property improvement which was located on the property in which the relocatee or business reserved ownership and did not receive payment therefore from the VVRURA as part of the real property acquisition. Nothing herein shall obligate the WRLJR A to allow a relocatee or business to reserve ownership in any fixture or item of real property. 2. Interest on a loan related to the relocation of a business. ~~-11 3. Loss of trained employees. 4. Physical improvements at the replacement location of the business or professionalfees related thereto. 5. Any additional expense of a business or nonprofit organization which was incurred because of operating in a new location, including but not lunited to, costs of upgrading improvements or properiy to meet code requirements, additional permits, or licenses. 6. Personal injury. 7. Legal or attomey's fees or other costs for prepazing a clann for relocation payment or for representing claimant before the WRURt1, any other entity or court, or for providing any other legal services. 8. Storage expenses in excess of the time limitations in these Policies. 9. Any expense or payment for which the business owner shall receive reimbursement or compensation from another source or pursuant to any other law. 10. Taxes. 11. Lease payments not received by a property owner for rental property due prior to acquisition of the properiy by the WRURA. 12. Any expenses not specifically listed as eligible for payment in these Policies. 9. RELOCATION ASSISTANCE ADVISORY PROGRAM - NOTICE. A. The WRiJRA shall assist in relocating the business displaced by the Project. Such assistance shall inclixde, but is not limited to, supplying information concerning federal, state and local programs offering assistance to relocatees; identifying realtors and others who may help locate replacement sites; identifying services for moving, packing, storage, and insurance; assistance with the WRURA relocation procedures and submittals for relocation expenses; minimizing the hazdship caused by the relocation, and assisting businesses in obtaining replacement locations and becoming established in such locations. To implement this program, the Relocation Administrator shall be responsible for determining the needs of the relocatees for any such assistance. If a relocatee desires any such assistance from the WRURA in relocating his/her business, he/she shall so advise the Administrator. The Administrator is authorized to provide such assistance or make a recommendation to the WRURA of a program to provide the requested assistance. 12 B. Notification. As soon as feasible after the approval of an agreement with a private developer/redeveloper or private business to redevelop the Project Area, the WRi.JRA shall notify each relocatee in the Project Area regazding: 1. The relocation services, benefits and procedures to be provided by the WRURA. 2. The anticipated schedule for the Project including the expected date for the completion of all moves and relocations. 10. APPEALS. A. Purpose. The purpose of this Section is to describe the WRURA's procedure for appeals to the Board of Commissioners of determinations of final relocation benefits made by the Relocation Administrator in accardance with Section 4.1). above. B. Actions Which Mav Be Appealed. A person may file an appeal of a final determination of relocation benefits by the Relocation Administrator to the Board of Commissioners of the WRURA, provided, however, an appeal shall not be filed unless the person fias negotiated in good faith with the Relocation Administrator. C. Joint Appeals. Two or more persons may join in filing a single appeal if each has grounds for an appeal. D. Right to Representation. A person has a right to be represented by legal counsel and to be accompanied by an advisor, attorney or other representative in any personal appearance regarding an appeal. Such legal representation shall be at such person's sole expense and not that ofthe WRiJRA. E. Review of Files bv Person Making Apneal. Within the requirements of applicable laws, the WRURA will permit a person to inspect and copy all files and records of the WRURA and the Relocation Administrator specifically pertaining to such appeal, except materials which aze confidential. Confidential matters include but are not lnnited to negotiations between the WRURA and any other person or business and privileged communication of the WRURA, its staff and consultants and its legal counsel and/or legal advisors. Confidential matters may also include those matters related to the Colorado laws regarding public records. The WRURA may impose reasonable conditions on the person's right of inspection. F. Time Limit for Initiating Appeal. Unless waived or extended in writing by the WRURA, an appeal to the WRURA shall be in writing withni 30 days after the Relocation Administrator advises the person in writing of his/her recommended final offer of relocation benefits. G. Request for Review. An appeal to the WRURA is instituted in the form of a written request for review by the claimant. If, as part of the review procedure, a person asks to make an 13 oral presentation to the WRiIRA, the WRURA will make a good faith effort to give such person the opportunity to make such oral presentation within 30 days of receipt of the request for review, or as soon thereafter as practicable. A claimant may elect either a public or private hearing before the WRLJRA. A person may elect to file a written appeal to the WRURA within the time for initiating the appeal and may include any documentation deemed relevant with the request for review. All such documentation sha11 be filed with the WRLTRA within 15 days of the date of receipt by the WRURA of claimant's request for review and at last seven calendaz days prior to any hearing set before the WRURA, whichever is eazlier. Information submitted thereafter need not be considered by the WRiJRA, except by approval of the WRLTRA's Boazd of Commissioners. H. Scope of Review. The WRURA, in deciding the appeal, may consider: 1. These Policies; and 2. All applicabie laws, rules and regulations; and 3. All pertinent and relevant azguments and materials submitted by the person making the appeal; and 4. All materials and documents upon which the Administrator based the deternunation being appealed, and any other available information that is necessazy to assure a fair and full review of the appeaL 1. Determination and Notification After Written Appeal. Within 30 days of the hearing, or if no hearing is held, within 30 days of the receipt of all relevant information, as provided herein, the WRURA shall make its written determination regazding the appeal to such person. Mailing of such decision to the claimant at his/her last known address sha11 constitute the WRURA's final action. J. Request for Additional Time Period. A person who makes a request for additional time to prepare for an appeal based upon reasonable cause, at 1he discretion of the WRURA, he/she may be granted additional time not to exceed 30 days. K. Deternunations Final. Determinations on appeals made by the Boazd of Commissioners of the WRURA sha11 be final. 11. GENERAL PROVISIONS. A. Tune. Any deadline or time period in these Policies may be modified by a written agreement signed by the WRURA and a relocatee. B. Pavments. In its sole discretion, the WRURA may agree to a payment schedule in variance from these Policies upon a showing of necessity by the relocatee. ~ 14 C. Burden of Proof. The relocatee shall have the burden of proof regarding its eligibility, eligible expenses and relocation benefits. 15